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HEX Agenda 01/28/2021Collier County Hearing Examiner Page 1 Printed 1/21/2021 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 January 28, 2021 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: 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 at Alexandra.Casanova@colliercountyfl.gov 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. January 2021 Collier County Hearing Examiner Page 2 Printed 1/21/2021 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. PETITION NO. PDI-PL20200002077- Request for an insubstantial change to the Enbrook Residential Planned Unit Development (RPUD) Exhibit B, Development Standards to correctly state the 1,000 square-foot minimum floor area of the Amenity Area Principal Structure. The subject PUD consisting of 65.88 ± acres is located on the south side of Manatee Road approximately 1500 feet east of Collier Boulevard, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] Commission District 1. 4. Other Business 5. Public Comments 6. Adjourn 01/28/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: PETITION NO. PDI-PL20200002077- Request for an insubstantial change to the Enbrook Residential Planned Unit Development (RPUD) Exhibit B, Development Standards to correctly state the 1,000 square-foot minimum floor area of the Amenity Area Principal Structure. The subject PUD consisting of 65.88 ± acres is located on the south side of Manatee Road approximately 1500 feet east of Collier Boulevard, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] Commission District 1. Meeting Date: 01/28/2021 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 01/11/2021 1:53 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 01/11/2021 1:53 PM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 01/12/2021 9:28 AM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 01/12/2021 2:21 PM Zoning Ray Bellows Review Item Completed 01/14/2021 4:31 PM Zoning Anita Jenkins Review Item Completed 01/15/2021 3:45 PM Hearing Examiner Andrew Dickman Meeting Pending 01/28/2021 9:00 AM 3.A Packet Pg. 3 Page 1 of 9 PDI-PL202000002077, ENBROOK RPUD January 10, 2021 STAFF REPORT TO: HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 28, 2021 SUBJECT: PDI-PL202000002077, ENBROOK RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) APPLICANT: AGENT: Forestar (USA) Real Estate Group D. Wayne Arnold, AICP 4042 Park Oaks Boulevard #200 Q. Grady Minor and Associates, P.A. Tampa, FL 33610 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests an insubstantial change to the Enbrook Planned Unit Development (PUD) to clarify the minimum floor area of the Amenity Area Principal Structure. GEOGRAPHIC LOCATION: The subject property consisting of 65.88± acres is located on the south side of Manatee Road approximately 1500 feet east of Collier Boulevard, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) 3.A.a Packet Pg. 4 Attachment: Staff Report-Enbrook RPUD PDI 1-10-21 (14704 : PL20200002077, Enbrook RPUD PDI) Page 2 of 9 PDI-PL202000002077, ENBROOK RPUD January 10, 2021 3.A.aPacket Pg. 5Attachment: Staff Report-Enbrook RPUD PDI 1-10-21 (14704 : PL20200002077, Enbrook RPUD PDI) Page 3 of 9 PDI-PL202000002077, ENBROOK RPUD January 10, 2021 3.A.aPacket Pg. 6Attachment: Staff Report-Enbrook RPUD PDI 1-10-21 (14704 : PL20200002077, Enbrook RPUD PDI) Page 4 of 9 PDI-PL202000002077, ENBROOK RPUD January 10, 2021 3.A.a Packet Pg. 7 Attachment: Staff Report-Enbrook RPUD PDI 1-10-21 (14704 : PL20200002077, Enbrook RPUD PDI) Page 5 of 9 PDI-PL202000002077, ENBROOK RPUD January 10, 2021 PURPOSE/DESCRIPTION OF PROJECT: The Enbrook RPUD was approved in Ordinance Number 2020-06 on January 14, 2020. (See Attachment A-Ordinance Number 2020-06.) The Planned Unit Development (PUD) Ordinance allows for up to 526 multi-family dwelling units or 265 single-family units. The plat is approved for 300 two- family attached homes. The applicant is proposing a modification to Exhibit B, Development Standards to correct the minimum floor area size for the Amenity Area Principal Structure. The Development Standards Table incorrectly states the minimum size as 10,000 square feet. The intent was to state the minimum size as 1,000 square feet. This in effect is similar to a typographical error or a scrivener’s error. The Master Plan on page 3 depicts the location of the Amenity Area. SURROUNDING LAND USE AND ZONING: North: Manatee Road, a two-lane road, and then developed mobile homes with a zoning designation of Mobile Home (MH) East: Developed water booster pumping facility, and undeveloped land with a zoning designation of Public (P) and Mobile Home (MH) South: Vacant land with a zoning designation of A.S.G.M. Business Center PUD West: Developed multi-family residential uses with a zoning designation of RMF-16, and a shopping center with a zoning designation of intermediate Commercial (C-4) 3.A.a Packet Pg. 8 Attachment: Staff Report-Enbrook RPUD PDI 1-10-21 (14704 : PL20200002077, Enbrook RPUD PDI) Page 6 of 9 PDI-PL202000002077, ENBROOK RPUD January 10, 2021 AERIAL PHOTO PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1. LDC Section 10.02.13.E.1 Criteria: 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. 3.A.a Packet Pg. 9 Attachment: Staff Report-Enbrook RPUD PDI 1-10-21 (14704 : PL20200002077, Enbrook RPUD PDI) Page 7 of 9 PDI-PL202000002077, ENBROOK RPUD January 10, 2021 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? No, the requests do not impact the size of non-residential areas or proposed to relocate such areas within the PUD boundary. 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? No, there are no substantial impacts are resulting from this amendment. The PUD currently contains a vehicular trip cap, which is not proposed to be changed. 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? There are no additional dwelling units proposed; therefore, there are no additional traffic impacts. 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. Adequate area exists on-site for stormwater retention, and no change to the approved discharge rate is proposed. No additional stormwater retention areas will be required. 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. 3.A.a Packet Pg. 10 Attachment: Staff Report-Enbrook RPUD PDI 1-10-21 (14704 : PL20200002077, Enbrook RPUD PDI) Page 8 of 9 PDI-PL202000002077, ENBROOK RPUD January 10, 2021 i. 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. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP when the subject PUD was approved. 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 subject property is not a DRI, therefore a determination and public hearing under F.S. 380.06(19) is not required. 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.? Based on the analysis provided above, the proposed change is not deemed to be substantial. LDC Section 10.02.13.E.2 Criteria: 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 original application. (See Attachment D-Rezone Findings and Findings for PUD.) NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was waived by the Hearing Examiner on November 4, 2020. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition PDI- PL20200002077, Enbrook RPUD to amend Ordinance Number 2020-06 as shown in Attachment A- Development Standards. 3.A.a Packet Pg. 11 Attachment: Staff Report-Enbrook RPUD PDI 1-10-21 (14704 : PL20200002077, Enbrook RPUD PDI) Page 9 of 9 PDI-PL202000002077, ENBROOK RPUD January 10, 2021 Attachments: Attachment A-Development Standards Attachment B-Ordinance Number 2020-06 Attachment C-Rezone Findings and Findings for the PUD Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs 3.A.a Packet Pg. 12 Attachment: Staff Report-Enbrook RPUD PDI 1-10-21 (14704 : PL20200002077, Enbrook RPUD PDI) Words underlined are additions; words struck through are deletions Enbrook RPUD Exhibit B 2020.docx Page 3 of 13 October 12, 2020 EXHIBIT B ENBROOK RPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the Enbrook RPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. STANDARDS SINGLE FAMILY DETACHED TWO-FAMILY ATTACHED TOWNHOUSE MULTI-FAMILY AMENITY AREA*6 PRINCIPAL STRUCTURE Minimum Floor Area (per Unit) 1,000 SF 1,000 SF 1,000 SF Per Unit 700 SF 10,0001,000 SF Minimum Lot Area 4,000 SF 3,500 SF 1,600 SF Per Unit N/A 10,000 SF Minimum Lot Width 40 feet 35 feet 16 feet N/A N/A Minimum Lot Depth 100 feet 100 feet 100 feet N/A N/A Maximum Height (not to exceed 2 stories) Zoned Actual 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet Minimum Distance Between Structures 10 feet 0 or 10 feet*3 0 or 10 feet*3 20 feet ½ sum of BH SETBACKS (MINIMUM) Front Yard *1,*2 15 feet 15 feet 15 feet 15 feet 15 feet Side Yard 5 feet 0 or 5 feet 0 or 5 feet 10 feet ½ BH Rear Yard *4 10 feet 10 feet 10 feet 10 feet 10 feet PUD Boundary 15 feet 15 feet 15 feet 15 feet 15 feet Preserve 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURE*5 Maximum Height (not to exceed 2 stories) Zoned Actual 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet SETBACKS (MINIMUM) Front Yard SPS SPS SPS SPS SPS Side Yard SPS SPS SPS SPS SPS Rear Yard*4 5 feet 5 feet 5 feet 5 feet 5 feet PUD Boundary 15 feet 15 feet 15 feet 15 feet 15 feet Preserve 10 feet 10 feet 10 feet 10 feet 10 feet SPS – Same as Principal Structure 3.A.b Packet Pg. 13 Attachment: Attachment A-Development Standards (14704 : PL20200002077, Enbrook RPUD PDI) Words underlined are additions; words struck through are deletions Enbrook RPUD Exhibit B 2020.docx Page 4 of 13 October 12, 2020 BH – Building Height (zoned height) LBT – Landscape Buffer Tract LMT – Lake Maintenance Tract *1 –The minimum front yard setback may be reduced to 12’ where the unit has a recessed or side entry garage. Front-entry garages shall be set back a minimum of 23 feet from back of sidewalk. *2 – For corner lots, only one front yard setback shall be required. The yard that does not contain the vehicle access shall provide a minimum 10’ setback. *3 – The minimum distance between buildings may be reduced to 0’ with a shared wall. However, the principal structures shall maintain a 10’ minimum separation. *4 – LBTs and LMTs will be platted or shown as separate tracts on the SDP or Plat. Where a lot abuts a LBT or LMT, the setback may be reduced to 5 feet for principal structures and zero feet for accessory structures. For lots abutting Manatee Road, landscape buffer easements may be permitted in lieu of separate tracts where a wall is provided along Manatee Road. *5 – Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscaping or architectural embellishments associated with the project’s entrance features are permitted within the “R” and “A” designated areas abutting the project’s entrance, or within the private roadway as depicted on the RPUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height and 40 feet in actual height. *6 – An 8 foot wall will be installed where the amenity center is adjacent to external residential development. Note: Nothing in this RPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 3.A.b Packet Pg. 14 Attachment: Attachment A-Development Standards (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 15 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 16 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 17 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 18 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 19 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 20 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.cPacket Pg. 21Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.cPacket Pg. 22Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 23 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 24 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 25 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.cPacket Pg. 26Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.cPacket Pg. 27Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 28 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 29 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.c Packet Pg. 30 Attachment: Attachment B-Ordinance 2020-006 (14704 : PL20200002077, Enbrook RPUD PDI) PUDR-PL20190002899, ENBROOK RPUD October 7, 2019 Page 1 of 5 REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal bases to support the CCPC’s recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading “Zoning and Land Development Review Analysis.” In addition, staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with all applicable elements of the FLUE of the GMP. See Attachment D - FLUE Consistency Review. 2. The existing land use pattern. As described in the “Surrounding Land Use and Zoning” portion of this report and discussed in the zoning review analysis, the neighborhood’s existing land use pattern can be characterized as residential multi-family, mobile home, commercial, business park, and public lands. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in 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 district boundaries are logically drawn, as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The growth and development trends, changing market conditions, specifically the development of the site with residences, and the development of the surrounding area, support the proposed PUD. This site is located within an area of development with a mixture of residential and other uses. The proposed PUD rezoning is appropriate, as limited in the PUD Document and the PUD Master Plan based on its compatibility with adjacent land uses. 3.A.d Packet Pg. 31 Attachment: Attachment C-Rezone Findings and PUD Findings (14704 : PL20200002077, Enbrook RPUD PDI) PUDR-PL20190002899, ENBROOK RPUD October 7, 2019 Page 2 of 5 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Rezone is consistent with the County’s land-use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD Rezone should not adversely impact living conditions in the area. 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 PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD Rezone will not adversely impact property values. 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. Properties around the Enbrook RPUD are developed and undeveloped. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and PPL process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 3.A.d Packet Pg. 32 Attachment: Attachment C-Rezone Findings and PUD Findings (14704 : PL20200002077, Enbrook RPUD PDI) PUDR-PL20190002899, ENBROOK RPUD October 7, 2019 Page 3 of 5 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed PUD Amendment 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 subject property can be developed within the parameters of the existing zoning designation. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD Rezone is not out of scale with the needs of the neigh borhood or County. The petitioner has provided adequate commitments in PUD Exhibit F to mitigate for traffic congestion impacts. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC, and staff does not 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 site development plan approval process 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 GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. 3.A.d Packet Pg. 33 Attachment: Attachment C-Rezone Findings and PUD Findings (14704 : PL20200002077, Enbrook RPUD PDI) PUDR-PL20190002899, ENBROOK RPUD October 7, 2019 Page 4 of 5 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 BCC during its advertised public hearing. 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:” 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 is surrounded by mobile home development to the north, undeveloped land and a water booster pumping facility to the east, an undeveloped business park to the south, and by a shopping center to the west. The adjacent roadway network has sufficient capacity to accommodate the proposed development. Water distribution and wastewater transmission mains are readily available within the Manatee Road right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones 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 provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP and PPL approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 3.A.d Packet Pg. 34 Attachment: Attachment C-Rezone Findings and PUD Findings (14704 : PL20200002077, Enbrook RPUD PDI) PUDR-PL20190002899, ENBROOK RPUD October 7, 2019 Page 5 of 5 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. The proposed landscaping and buffering standards are compatible with the adjacent uses. Staff has concluded that this PUD Rezone will not change the project’s compatibility, both internally and externally. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum 60% requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Collier County has sufficient treatment capacity for water and wastewater service to the project. Conveyance capacity must be confirmed at the time of development permit application. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of first development order (SDP 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, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including adjacent Collier County Water-Sewer District potable water and wastewater mains, to accommodate this project. 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. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking six deviations related to street width, on-premise signs, wall height, architectural standards, and parking. Please refer to the Deviation Discussion portion of the Staff Report below for a more extensive examination of the deviations. 3.A.d Packet Pg. 35 Attachment: Attachment C-Rezone Findings and PUD Findings (14704 : PL20200002077, Enbrook RPUD PDI) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Enbrook RPUD (PL20200002077) Application and Supporting Documents January 28, 2021 HEX Hearing 3.A.e Packet Pg. 36 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com October 23, 2020 Ms. Nancy Gundlach, AICP Principal Planner Collier County Growth Management Department Zoning Division - Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Enbrook RPUD Insubstantial Change– PL20200002077, Submittal 1 Dear Ms. Gundlach: On behalf of our client, Forestar (USA) Real Estate Group, Inc., we are submitting an application for an Insubstantial Change to a PUD (PDI) for the above referenced project. The applicant is proposing modification to Exhibit B, Development Standards, in order to correct the minimum floor area size for the Amenity Area. The table incorrectly and inadvertently lists the minimum unit size for the amenity area as 10,000 square feet. The correct minimum square footage should have been 1,000 square feet. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application 3. Pre-Application Meeting Waiver 4. Project Narrative Detail of Request 5. Ordinance 2020-06 6. Revised Exhibit B 7. Warranty Deed 8. Recorded Plat 9. Affidavit of Authorization 10. Addressing Checklist 11. Property Ownership Disclosure 12. Location Map Please contact me if you have any questions. Sincerely, D. Wayne Arnold, AICP Cc: Forestar (USA) Real Estate Group, Inc. GradyMinor File (GO Enbrook) 3.A.e Packet Pg. 37 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 3/27/2018 Page 1 of 4 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 DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: __________________________________________ Address: __________________________City: _____________ State: _______ ZIP: __________ Telephone: ____________________ Cell: ____________________ Fax: ___________________ E-Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: ______________________City: _______________ State: _________ ZIP: __________ Telephone: _____________________ Cell: _____________________ Fax: _________________ E-Mail Address: ________________________________________________________________ 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. To be completed by staff Forestar (USA) Real Estate Group, Inc. 4042 Park Oaks Blvd. #200 Tampa FL 33610 813.392.3376 TonySquitieri@forestar.com, JamesRatz@forestar.com D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs FL 34134 239.947.1144 warnold@gradyminor.com 3.A.e Packet Pg. 38 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 3/27/2018 Page 2 of 4 PROPERTY INFORMATION PUD NAME: _______________________ ORDINANCE NUMBER: ________________________ FOLIO NUMBER(S): _____________________________________________________________ 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 No If yes, in whose name? _____________________________________________________ Has any portion of the PUD been SOLD and/or DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes No If yes, please describe on an attached separate sheet. The Enbrook RPUD remains undeveloped but the RPUD was purchased by Forestar (USA) Real Estate Group, Inc. January 16, 2020. A plat (Book 68 Pages 23 - 31) was recorded for the subject property on August 6, 2020. The property owner is proposing a modification to Exhibit B, Development Standards, in order to correct the minimum floor area size for the Amenity Area. The table incorrectly and inadvertently lists the minimum unit size for the amenity area as 10,000 square feet. The correct minimum square footage should have been 1,000 square feet. Enbrook RPUD 2020-006 00736200103 and 00736200404 Rimar Enterprises, Inc. and D.R. Horton, Inc. (PUDZ-PL20180002899) Forestar (USA) Real Estate Group, Inc. (PLAT-PL20200001284) 3.A.e Packet Pg. 39 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 3/27/2018 Page 3 of 4 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 # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre-Application Meeting notes 1 Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance # Warranty Deed Legal Description 1 Boundary survey, if boundary of original PUD is amended If PUD is platted, include plat book pages List identifying Owner & all parties of corporation 1 Affidavit of Authorization, signed & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 ½ in. x 11 in. graphic location map of site 1 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: x Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. x Please contact the project manager to confirm the number of additional copies required. ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 3.A.e Packet Pg. 40 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 3/27/2018 Page 4 of 4 PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams and David Berra Emergency Management: Dan Summers Naples Airport Authority: Conservancy of SWFL: Nichole Johnson Other: City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMENTS PUD Amendment Insubstantial (PDI): $1,500.00 Pre-Application Meeting: $500.00 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 Naples, FL 34104 ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Applicant/Owner Name (please print) 2800 North Ho Naaplpes, F _____________________________________________________________________________________ X X X D. Wayne Arnold, AICP 10/22/2020 3.A.e Packet Pg. 41 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) From:BellowsRay To:Sharon Umpenhour Cc:GMD Client Services; ThomasClarkeVEN; ChurchWilliam; GundlachNancy Subject:RE: Enbrook RPUD Insubstantial Change– PL20200002077 Date:Thursday, October 15, 2020 9:36:31 AM Attachments:image001.png oledata.mso Hi Sharon, A formal pre-app requirement can be waived. Nancy Gundlach is the assigned planner and I recommend that you call her to discuss the proposed changes. Ray   Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Exceeding expectations, every day!   Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.     From: Sharon Umpenhour <SUmpenhour@gradyminor.com> Sent: Thursday, October 15, 2020 9:25 AM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Cc: GMD Client Services <GMDClientServices@colliercountyfl.gov>; ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Subject: Enbrook RPUD Insubstantial Change– PL20200002077 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning Ray, The preapplication meeting request has been submitted in City View. We would like to request a waiver from the preapplication meeting requirement and the NIM requirement due to the minor change being requested. The applicant for this petition is Forestar (USA) Real Estate Group, Inc and they are the owners of the subject property. The applicant is proposing modification to Exhibit B, Development Standards, in order to correct the minimum floor area size for the Amenity Area. The table incorrectly and inadvertently lists the minimum unit size for the amenity area as 10,000 square feet. The correct minimum square footage should have been 1,000 square feet. 3.A.e Packet Pg. 42 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Regards,   Sharon Umpenhour Senior Planning Technician Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Phone - 239.947.1144 Fax - 239.947.0375 Email - sumpenhour@gradyminor.com Web - http://www.gradyminor.com DISCLAIMER: This communication from Q. Grady Minor & Associates, P.A., along with any attachments or electronic data is intended only for the addressee(s) named above and may contain information that is confidential, legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions: The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified "plan of record" along with actual project site conditions. Q. Grady Minor & Associates, P.A. reserves the right to revise, update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. 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. 3.A.e Packet Pg. 43 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Enbrook RPUD (PL20200001210) Project Narrative and Detail of Request October 13, 2020 Page 1 of 3 Project Narrative.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com PROJECT NARRATIVE The Enbrook RPUD was approved in 2020 as Ordinance 2020-06. The PUD is approved for 526 dwelling units. The plat is approved for 300 two-family attached homes. The applicant is proposing modification to Exhibit B, Development Standards, in order to correct the minimum floor area size for the Amenity Area. The table incorrectly and inadvertently list the minimum unit size for the amenity area as 10,000 square feet. The correct minimum square footage should have been 1,000 square feet. This in effect is a typographical error similar to a scrivener’s error. The concept plan used for the CCPC hearing did not reflect a 10,000 square foot amenity building. The concept plan did depict an approximate 3,500 square foot amenity building. This error was identified at the time of SDP submittal for the amenity building. The minimum lot size for the amenity area is 10,000 square feet. It is impossible to fit a 10,000 square foot building on a 10,000 square foot lot. Although approved for 526 units the approved plat has 300 two family attached units. The project is under construction; however, no units have been sold at this time. The marketing materials do not reflect a 10,000 square foot amenity building, but rather the 3,500± square foot building similar to that represented at the CCPC hearing. The proposed modification meets the criteria for a PUD Insubstantial Change. 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. Insubstantial Change Criteria LDC Subsection 10.02.13 E.1 E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in Section 10.02.13 E.3.c. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. 3.A.e Packet Pg. 44 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Page 2 of 3 Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.13 A and B. For the purpose of this section, a substantial change shall be deemed to exist where: a. There is a proposed change in the boundary of the PUD; or No b. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No c. There is 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; No net change in preserve, recreation or open space results from this amendment. d. There is 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; No increase in non-residential uses or areas for non-residential uses are proposed. e. There is 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; No additional traffic or public facility impacts will result from the request regarding the proposed revisions. The PUD currently contains a vehicular trip cap, which is not proposed to be changed. f. The change 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; No additional dwelling units are proposed; therefore, there are no additional traffic impacts. g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; 3.A.e Packet Pg. 45 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Page 3 of 3 Adequate area exists on-site for stormwater retention, and no change to the approved discharge rate is proposed. No additional stormwater retention areas will be required. h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The change will not be incompatible. i. 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 PUD and proposed changes are consistent with the Collier County Growth Management Plan. 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 section 10.02.13 of this Code; or This project 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 section 10.02.13 The proposed changes do not meet the standards for a substantial modification and creates no external impacts. 3.A.e Packet Pg. 46 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 47 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 48 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 49 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 50 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 51 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 52 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.ePacket Pg. 53Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : 3.A.ePacket Pg. 54Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : 3.A.e Packet Pg. 55 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 56 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 57 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.ePacket Pg. 58Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : 3.A.ePacket Pg. 59Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : 3.A.e Packet Pg. 60 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 61 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 62 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Words underlined are additions; words struck through are deletions Enbrook RPUD Exhibit B 2020.docx Page 3 of 13 October 12, 2020 EXHIBIT B ENBROOK RPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the Enbrook RPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. STANDARDS SINGLE FAMILY DETACHED TWO-FAMILY ATTACHED TOWNHOUSE MULTI-FAMILY AMENITY AREA*6 PRINCIPAL STRUCTURE Minimum Floor Area (per Unit) 1,000 SF 1,000 SF 1,000 SF Per Unit 700 SF 10,0001,000 SF Minimum Lot Area 4,000 SF 3,500 SF 1,600 SF Per Unit N/A 10,000 SF Minimum Lot Width 40 feet 35 feet 16 feet N/A N/A Minimum Lot Depth 100 feet 100 feet 100 feet N/A N/A Maximum Height (not to exceed 2 stories) Zoned Actual 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet Minimum Distance Between Structures 10 feet 0 or 10 feet*3 0 or 10 feet*3 20 feet ½ sum of BH SETBACKS (MINIMUM) Front Yard *1,*2 15 feet 15 feet 15 feet 15 feet 15 feet Side Yard 5 feet 0 or 5 feet 0 or 5 feet 10 feet ½ BH Rear Yard *4 10 feet 10 feet 10 feet 10 feet 10 feet PUD Boundary 15 feet 15 feet 15 feet 15 feet 15 feet Preserve 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURE*5 Maximum Height (not to exceed 2 stories) Zoned Actual 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet SETBACKS (MINIMUM) Front Yard SPS SPS SPS SPS SPS Side Yard SPS SPS SPS SPS SPS Rear Yard*4 5 feet 5 feet 5 feet 5 feet 5 feet PUD Boundary 15 feet 15 feet 15 feet 15 feet 15 feet Preserve 10 feet 10 feet 10 feet 10 feet 10 feet SPS – Same as Principal Structure 3.A.e Packet Pg. 63 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Words underlined are additions; words struck through are deletions Enbrook RPUD Exhibit B 2020.docx Page 4 of 13 October 12, 2020 BH – Building Height (zoned height) LBT – Landscape Buffer Tract LMT – Lake Maintenance Tract *1 –The minimum front yard setback may be reduced to 12’ where the unit has a recessed or side entry garage. Front-entry garages shall be set back a minimum of 23 feet from back of sidewalk. *2 – For corner lots, only one front yard setback shall be required. The yard that does not contain the vehicle access shall provide a minimum 10’ setback. *3 – The minimum distance between buildings may be reduced to 0’ with a shared wall. However, the principal structures shall maintain a 10’ minimum separation. *4 – LBTs and LMTs will be platted or shown as separate tracts on the SDP or Plat. Where a lot abuts a LBT or LMT, the setback may be reduced to 5 feet for principal structures and zero feet for accessory structures. For lots abutting Manatee Road, landscape buffer easements may be permitted in lieu of separate tracts where a wall is provided along Manatee Road. *5 – Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscaping or architectural embellishments associated with the project’s entrance features are permitted within the “R” and “A” designated areas abutting the project’s entrance, or within the private roadway as depicted on the RPUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height and 40 feet in actual height. *6 – An 8 foot wall will be installed where the amenity center is adjacent to external residential development. Note: Nothing in this RPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 3.A.e Packet Pg. 64 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 65 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 66 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 67 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 68 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 69 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 70 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 71 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 72 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 73 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 74 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 75 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 76 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 77 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 78 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.ePacket Pg. 79Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Exhibit A Resolutions Pertaining to Signing Authority Adopted by the Board of Directors of Forestar (USA) Real Estate Group Inc. January 23, 2020 GENERAL AUTHORITY RESOLVED, that the duly elected officers of the Corporation are hereby authorized and empowered acting alone and for and on behalf of the Corporation, to execute contracts, agreements and other documents reasonable or necessary to the operation of the business of the Corporation either on behalf of the Corporation or of any entity in which the Corporation is an owner, partner, manager, member or other investor with management authority, including without limitation, deposit agreements, indemnification agreements, and agreements for electronic and wire transfers. AUTHORITY FOR REAL ESTATE TRANSACTIONS RESOLVED, that the duly elected officers of the Corporation are hereby authorized and empowered acting alone and for and on behalf of the Corporation, to execute documents on behalf of the Corporation described here as follows: 1. Contracts to acquire or sell property, contracts or agreements for development services or supplies for the development of the property of the Corporation or to evaluate a property for possible acquisition by the Corporation, concerning property of the Corporation wherever located; 2. Plats, easement dedications and similar documents which are executed in the ordinary course of the development of property owned by the Corporation or a joint venture, limited liability company, partnership or other entity in which the Corporation is an owner, partner, manager, member or other investor with management authority; 3. Deeds of sale of platted lots and tracts of unplatted property out of projects of the Corporation wherever located, and deeds for the sale of land wherever located; 4. Joint venture, limited liability company, and partnership agreements for development of projects in which the Corporation is an owner, partner, manager, member or other investor; 5. Contracts or agreements for management, renovation and repair services or supplies for the operation of the property of the Corporation or joint ventures, partnerships or other entities in which it is an owner, partner, manager, member or other investor with management authority; 6. Other documents reasonable or necessary to real estate purchase, sale and development activities, including but not limited to contracts for the purchase and sale of assets, contracts for services, deeds, bills of sale, affidavits, settlement statements, mortgages, assignments, leases, either on behalf of the Corporation or of any entity in which the Corporation is an owner, partner, manager, member or other investor with management authority. 3.A.e Packet Pg. 80 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 PL20180002899(PUDZ) 3.A.e Packet Pg. 81 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI)n PUD Insubstantial Change Enbrook RPUD S10/T51/R26 00736200103 and 00736200404 1158 Tranquil Brook Drive and 1144 Padova Street Enbrook RPUD PL20200000008 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: 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 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 00736200103 00736200404 10/13/2020 3.A.e Packet Pg. 82 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI)Enbrook RPUD n Sharon Umpenhour 239-947-1144 sumpenhour@gradyminor.com $ 9,500,000 $ 3,750,000 $ 0 $ 0 $ 0 $ 1,877,750 $ 4,262,500 $ 0 $ 4,262,500 $ 2,546,087 $ 1,716,413 $ 4,262,500 $ 1,716,413 Collier County Proper ty AppraiserProperty Summar y Parcel No 00736200103 SiteAddress*Disclaimer 1158TRANQUILBROOK DR Site City NAPLES Site Zone*Note 34114 Name / Address FORESTAR USA REAL ESTATE GROUP INC 2221 E LAMAR BLVD #790 City ARLINGTON State TX Zip 76006 Map No.Strap No.Section Township Range Acres  *Estimated 6B10 000100 102 6B10 10 51 26 65.01 Legal 10 51 26 COMM AT THE INTERSEC- TION OF THE ELY R/W LINE OF SR 951 & NLYLINE OF THE SE 1/4 OF NW 1/4, S 30.01 FT, N 88 DEG 42' 20" E 500 FT, S 706.32 FT,N 88 DEG 42' 20" E 849.37 FT, N 1 DEG 17' 40" W 706.05 FT, N 88 DEG 40' 46" E170.93 FT TO POB, CONT ELY 1091.84 FT S 1339.16 FT, S 684.81 FT, S 88 DEG 45' 40"W 1369.16 FT, S 88 DEG 45' 54" W 739.18 FT, N 684.81 FT, ELY 1039.52 FT, N1350.18 FT TO POB, LESS OR 2039 PG 949 Millage Area 21 Millage Rates   *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 99 - ACREAGE NOT ZONED AGRICULTURAL 5.016 6.2924 11.3084 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 01/16/20 5718-2220 12/21/04 3700-2270 06/25/96 2198-2159 06/10/93 1834-1541 04/01/91 1606-2300 07/01/88 1362-178  2020 Preliminar y Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the FinalTax Roll   3.A.e Packet Pg. 83 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) $ 9,500,000 $ 3,750,000 $ 0 $ 0 $ 37,875 $ 70,000 $ 0 $ 70,000 $ 44,378 $ 25,622 $ 70,000 $ 25,622 Collier County Proper ty AppraiserProperty Summar y Parcel No 00736200404 SiteAddress*Disclaimer 1144PADOVA ST Site City NAPLES Site Zone*Note 34114 Name / Address FORESTAR USA REAL ESTATE GROUP INC 2221 E LAMAR BLVD #790 City ARLINGTON State TX Zip 76006 Map No.Strap No.Section Township Range Acres  *Estimated 6B10 000100 111 6B10 10 51 26 1 Legal 10 51 26 COM AT + E RW LI 951 & NLY LI OF SE1/4 OF NW1/4, S 30.01FT TO S LIMANATEE RD, E 500FT, S 706.32FT, E 849.37FT, N1DEG W 706.05FT, N 88DEG E170.93FT TO POB N 88DEG E 199FT, S01DEG E 219FT, S88DEG W 199FT, N01DEG W219FT TO POB Millage Area 21 Millage Rates   *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 99 - ACREAGE NOT ZONED AGRICULTURAL 5.016 6.2924 11.3084 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 01/16/20 5718-2220 12/21/04 3700-2270 09/24/02 3116-99 06/09/98 2428-2152 03/16/95 2039-949  2020 Preliminar y Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the FinalTax Roll   3.A.e Packet Pg. 84 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Collier County Proper ty AppraiserProperty Aerial Parcel No 00736200103 SiteAddress*Disclaimer 1158TRANQUILBROOK DR Site City NAPLES Site Zone*Note 34114 Open GIS in a New Window with More Features. 3.A.e Packet Pg. 85 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Collier County Proper ty AppraiserProperty Aerial Parcel No 00736200404 SiteAddress*Disclaimer 1144PADOVA ST Site City NAPLES Site Zone*Note 34114 Open GIS in a New Window with More Features. 3.A.e Packet Pg. 86 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 1 of 3 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 Forestar USA Real Estate Group, Inc. 100 Please see attached 2020 Foreign Profit Corporation Annual Report 3.A.e Packet Pg. 87 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 2 of 3 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 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 Date of Contract: ___________ 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 _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: January 2020 3.A.e Packet Pg. 88 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 3 of 3 Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public 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. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) D. Wayne Arnold, AICP 10/09/2020_________________________________________ 3.A.e Packet Pg. 89 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Current Principal Place of Business: Current Mailing Address: 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 US Entity Name:FORESTAR (USA) REAL ESTATE GROUP INC. DOCUMENT# F17000005180 FEI Number: 74-1213624 Certificate of Status Desired: Name and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: FILED May 01, 2020 Secretary of State 1595575577CC ANDREW D. HARRIS VICE PRESIDENT 05/01/2020 2020 FOREIGN PROFIT CORPORATION ANNUAL REPORT No Title EXECUTIVE CHAIRMAN, DIRECTOR Name TOMNITZ, DONALD J Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title ASST. SECRETARY, VP Name MONTANO, THOMAS B Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VP, REAL ESTATE COUNSEL Name BLYTHE, BRIAN M. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT FINANCIAL PLANNING AND ANALYSIS Name KITCHEN, KATHERINE Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title CEO Name BARTOK, DANIEL C. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title SENIOR VICE PRESIDENT, REAL ESTATE AND CORPORATE COUNSEL, ASSISTANT SECRETARY Name STARK, MATTHEW S. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT TAX AND ASSISTANT TREASURER Name HARRIS, ANDREW D. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT REAL ESTATE INVESTMENTS & DEVELOPMENT Name KLINKE, JUSTINE Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Continues on page 2 3.A.e Packet Pg. 90 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Electronic Signature of Signing Officer/Director Detail Date Title VICE PRESIDENT REAL ESTATE INVESTMENTS & DEVELOPMENT Name MABERRY, JOHN S. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT - REAL ESTATE INVESTMENTS & DEVELOPMENT Name DORSEY, JASPER T. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT - REAL ESTATE INVESTMENTS & DEVELOPMENT Name SQUITIERI, ANTHONY J. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title SENIOR VICE PRESIDENT AND PRESIDENT EAST REGION Name WALKER, MARK S. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT REAL ESTATE INVESTMENTS & DEVELOPMENT Name TYREE, CHRIS Address 10700 PECAN PARK BLVD. SUITE 150 City-State-Zip: AUSTIN TX 78750 Title SENIOR VICE PRESIDENT, PRESIDENT SOUTH CENTRAL REGION Name CUDE, IAN Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT - REAL ESTATE INVESTMENTS & DEVELOPMENT Name NAPIER, MATTHEW R. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT - REAL ESTATE INVESTMENTS & DEVELOPMENT Name SCHUMACHER, BRET Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Officer/Director Detail Continued : Title VICE PRESIDENT REAL ESTATE INVESTMENTS & DEVELOPMENT Name COLAVITA, MALLIE M. Address 10700 PECAN PARK BLVD SUITE 150 City-State-Zip: AUISTN TX 78750 Title SENIOR VICE PRESIDENT AND PRESIDENT FLORIDA REGION Name APARICIO, NICOLAS R. Address 10700 PECAN PARK BLVD. SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT - REAL ESTATE INVESTMENTS & DEVELOPMENT Name KONDERIK, BRIAN D. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT - REAL ESTATE INVESTMENTS & DEVELOPMENT Name WICKER, SARAH Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT REAL ESTATE INVESTMENTS & DEVELOPMENT Name MASASCHI, ERIC Address 10700 PECAN PARK BLVD. SUITE 150 City-State-Zip: AUSTIN TX 78750 Title CFO, TREASURER, EXECUTIVE VICE PRESIDENT Name ALLEN, JAMES D. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title SECRETARY, VP Name DAGLEY, ASHLEY Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT - REAL ESTATE INVESTMENTS & DEVELOPMENT Name PAPE, JEFFERY Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 Title VICE PRESIDENT - REAL ESTATE INVESTMENTS & DEVELOPMENT 3.A.e Packet Pg. 91 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) Name WILLIAMS, PATRICK J. Address 10700 PECAN PARK BLVD, SUITE 150 City-State-Zip: AUSTIN TX 78750 3.A.e Packet Pg. 92 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) © OpenStreetMap (and) contributors, CC-BY-SA Enbrook RPUD Location Map SUBJECT PROPERTY . 575 0 575287.5 Feet 3.A.e Packet Pg. 93 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 1 Sharon Umpenhour From:Andrew Dickman <andrew@dickmanlawfirm.org> Sent:Wednesday, November 04, 2020 11:12 AM To:Wayne Arnold; Sharon Umpenhour Cc:GundlachNancy; BellowsRay; Heather Subject:Enbrook RPUD (PL20200001210) NIM Waiver Request/Granted You have requested a waiver of the neighborhood information meeting (NIM) in connection with the above referenced  application.  Pursuant to Sec. 10.03.06(H)(2)(a) of the Collier County land development code, a NIM is required for your  application except “upon written request by the applicant, the Hearing Examiner has the discretion to waive the NIM  after the first set of staff review comments have been issued.”      I have reviewed your request and I have been informed by county staff that the first set of staff review comments have  been issued and staff is in favor of this waiver.  If this is not correct, please let me know immediately.    Based on the above information, your NIM waiver request is GRANTED, with one condition.  If any opposition to your  application occurs between the granting of this waiver and the public hearing, I reserve the right to reschedule the  hearing and require the holding of a NIM.    Sincerely,    Andrew    ____________________  Andrew Dickman, Esq., AICP  Collier County Hearing Examiner  (239) 434‐0840  https://www.colliercountyfl.gov/your‐government/divisions‐f‐r/hearing‐examiner    All government correspondence is subject to the public records law.      3.A.e Packet Pg. 94 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi-Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Hearing Examiner For Petition Number(s): _________________________________________________________________ Regarding the above subject petition number(s), ________________________________ (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: _________________________________ Date: ___________________________ Signature: ______________________________ Applicant* Legal Counsel to Applicant * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. PL202000002077 Enbrook RPUD PDI Forestar (USA) Real Estate Group, Inc. Anthony J. Squitieri, Vice President ✔ 12/17/20 3.A.e Packet Pg. 95 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 96 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) 3.A.e Packet Pg. 97 Attachment: Attachment D-Application, Virtual Hearing Waiver and Public Hearing Signs (14704 : PL20200002077, Enbrook RPUD PDI) AGENDA COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JANUARY 28, 2021 IN CONFERENCE ROOMS 609/610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA AS PART OF AN ONGOING INITIATIVE TO PROMOTE SOCIAL DISTANCING DURING THE COVID-19 PANDEMIC, THE PUBLIC WILL HAVE THE OPPORTUNITY TO PROVIDE PUBLIC COMMENTS REMOTELY, AS WELL AS IN PERSON, DURING THIS PROCEEDING. INDIVIDUALS WHO WOULD LIKE TO PARTICIPATE REMOTELY, SHOULD REGISTER AT: http://bit.ly/Jan28HEXSpeakerRegistration ANY TIME AFTER THE AGENDA IS POSTED ON THE COUNTY WEBSITE WHICH IS 6 DAYS BEFORE THE MEETING OR THROUGH THE LINK: http://colliercountyfl.iqm2.com/Citizens/default.aspx INDIVIDUALS WHO REGISTER WILL RECEIVE AN EMAIL IN ADVANCE OF THE PUBLIC HEARING DETAILING HOW THEY CAN PARTICIPATE REMOTELY IN THIS MEETING. FOR ADDITIONAL INFORMATION ABOUT THE MEETING, CALL THOMAS CLARKE AT (239) 252-2526 OR EMAIL TO: Thomas.Clarke@CollierCountyFL.gov. 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: A. PETITION NO. PDI-PL20200002077- Request for an insubstantial change to the Enbrook Residential Planned Unit Development (RPUD) Exhibit B, Development Standards to correctly state the 1,000 square-foot minimum floor area of the Amenity Area Principal Structure. The subject PUD consisting of 65.88 ± acres is located on the south side of Manatee Road approximately 1500 feet east of Collier Boulevard, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] Commission District 1. 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN