Loading...
Backup Documents 04/24/2018 Item #17A P1,20150000306 RUSHTON POINTE RPUD 17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning Person:Timothy Finn Principal Planner Date:March 29,2018 Petition No.(If none,give a brief description). PL20150000306 Petitioner:(Name&Address): Planning Development-Michael Fernandez 145 Central Ave Naples,FL 34102 Name&Address of any person(s)to be notified by the Clerk's office' (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,April 24th,2018, (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used: (Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500182060 Proposed text:(include legal description&common locations&size Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes.what account should be charged for advertising costs 131-138326-649100-00000 Reviewed By: Date: 3 J z �} Division Ad inistrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Date Received 3"ZC H 2 Date of Public Hearing 4"z g Date Advertised 4"41 e 17A , I Ann P. Jennejohn From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Thursday, March 29, 2018 9:32 AM To: Minutes and Records Cc: Ann P.Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; SmithCamden; FinnTimothy Subject: BCC Advertisement Request PL20150000306 Attachments: Ordinance - 032018.pdf; Signed Ad Request.pdf;Ad Request.docx Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, f ed&e4 Ve14440, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2584 NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ier Count 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 17A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on April 24,2018, in the Board of County Commissioners meeting room,third floor. Collier Government Center, 3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE RUSHTON POINTE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 229 RESIDENTIAL DWELLING UNITS ON PROPERTY 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,CONSISTING OF 38.1±ACRES. [PL20150000306] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board 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 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,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHAIRMAN DWIGHT E.BROCK,CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 17A ORDINANCE NO. 18 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE RUSHTON POINTE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 229 RESIDENTIAL DWELLING UNITS ON PROPERTY 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, CONSISTING OF 38.1±ACRES. [PL20150000306] WHEREAS, Michael R. Fernandez, AICP, of Planning Development, Inc., representing Ali R. Ghahramani, M.D. Investment Limited Partnership, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) for a project to be known as the Rushton Pointe RPUD, to allow construction of a maximum of 229 residential dwelling units, [I7-CPS-O665/1394733/1j175 3/20/18 PUDZ-PL20150000306/Rushton Pointe RPUD Page 1 1 7 A in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: Scott A. Stone 49,40 11 Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C-1: Master Concept Plan Exhibit C-2: Typical Road Section Exhibit C-3: Typical Road Section (T-Turnaround) Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments [17-CPS-01665/1394733/1]175 3/20/18 PUDZ-PL20150000306/Rushton Pointe RP UD Page 2 �'AC 1 7 A EXHIBIT A General and Permitted Uses PERMITTED USES: The maximum number of dwelling units shall be 229. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. GENERAL PERMITTED USES AND STRUCTURES. A. Certain uses shall be considered general permitted uses and structures throughout the Rushton Pointe RPUD except in the preserve areas. General permitted uses and structures are those uses, which generally serve the developer and residents of the Rushton Pointe RPUD and are typically part of the common infrastructure or are considered community amenities. 1. Water management facilities and related structures. 2. Common recreation amenities which may include a clubhouse. Should these uses be located adjacent to external properties, a 15' type B buffer with a 6' wall shall be provided between the amenity center tract and the external property. 3. Guardhouses, gatehouses, and access control structures subject to applicable LDC development standards. 4. Maintenance building or structure. 5. Temporary construction, models, sales, and administrative offices subject to a temporary use permit. 6. Any other principal use which is compatible in nature with the foregoing list of permitted uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner by the process outlined in the Land Development Code. Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/ Revised March 20, 2018 Page 1 of 11 (6A 17 * 2. RESIDENTIAL SUBDISTRICT, Tract "R" A. Principal Uses: 1. Single-family detached dwellings; 2. Single-family attached dwellings; 3. Two-family and zero lot line; 4. Townhouse; 5. Multi-family; 6. Any other principal use which is compatible in nature with the foregoing list of permitted uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner by the process outlined in the Land Development Code. B, Accessory Uses: Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreation facilities, such as swimming pools and screen enclosures. 1. Any other accessory use which is compatible in nature with the foregoing list of permitted uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner by the process outlined in the Land Development Code. 3. PRESERVE SUBDISTRICT; Tract "P". The LDC requires and the Rushton Pointe RPUD provides preservation of a minimum of 25% of 11.26 acres of existing native habitat, which is 2.81 acres. The preserve shall be located at the westernmost end of the parcel where it links to offsite preserves and provides an enhanced buffer to the abutting residential community, as depicted on the RPUD Master Concept Plan Exhibit C-1. Permitted uses and structures within the on-site preserve shall be governed by LDC Section 3.05.07, as may be amended. Preserve includes approximately 0.16 acres of created preserve. Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/Revised March 20, 2018 Page 2 of 11 1 7 A • 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 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 5Ft 0OR5Ft(2) OOR5Ft(2) OOR15Ft 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) Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/Revised March 20, 2018 Page 3 of 11 17A 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: (i) 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. (s) There shall be no parking level below habitable floors. Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/Revised March 20, 2018 Page 4 of 11 Niac °' 8 M Ow = ra o w Z O z .0 °0 ar3z ZWZw W r,":-P, WO W2° 3 dS-2 Ac7. ° N w?JQ dr ,$O20 O „0 0 J -ow, ._ °wF• zm ( mow n WV 202HOLLZ W§ t°°aJu pQ i<vgW63o zt Ivu 0 NLiZzi I Z ci iO0 2 _ OMVA3100 2311100 ONazCC 11-0 i w mod avow,UNnoJ V �� SON *Vg _ � ( IS-22 W E > ti n y (,) ,4 ZLLo0O0 o CQC __�r■ ff ioV34Z2 k W G te OZON -w is.3 iLwpw __ ��WJJ D W W Z 0 ?,,LL LL O CI_ ;- 13-: N °°ao > zN== Sa-am I ;.--- 5F /° Q aarae ¢ <> W v °w°° U ij L2° V2 \ WX== �n ON ? C )-woo v� 2 \ _ ?33 m_ \ �o� x \ HH r'71. zw4y�WwQ I 1 , ° oma"_ \ S „u. wOa > c f 6 1 1,011 v n 210_ Q� J = W wmW°J *' 8 c r ;o E m e Ow3° �I = U LLD>j 'i y c i F, x 8 E m 2 NUr° \ qj ° Ew 2'"1gS 3 W 1E 8 gr ... w Xu-= _ m w° ,V":1 C • p wo0 • - O 0.wa yH 1 "-N3� �' s { �n � iEj�3 J 2 U ZNa 3 i 3 1 a g » w a}Qu. ti _ ° �O I� p £ r El i ,..1= 11 ! LL O Z - rE o a° 4 w LL W p \ = Q g �;L !s & E c �E�p� ai.31 'd o� 1 Z°(J7J Q < \\ - K • g = n ei .Y 5 10 roc E N W Hi F O \ 1� m S z Z g - 2 O i r J I u e4' $m \ - w$ a_mmm I• l7 U �¢ WZ4e }1 \ °Z3� �t vv Zo x f .°y, Ioq x ;� W• LLgg r 1- OON X -.__ _._ a� �.y °,. ..,,, a. o z Y M • w B o O m _ Cf. ° i :. G rn -, j* 9 K 1 ,3::, ! gI $ ,wnumnn• nunmuuu uunun unurununuuunnuuuunnn,r ' ° _ m u /// O r ' t IRM! e yy eS ' E a ULLU J 3� M E f 8E p N$O;° w¢mJ x 3 2 ;o 1 1 ' v o t N°.1= LLaZ° ki `' 3• I 0 3 LL n Z o y _y __ _ _.� __�—_.___ _ a a W O 22-R Z z g p ° ,699o' w°N8 N7 m ❑ A .! ° N c • u 7VI1N30153a,171WN3 379NIS m a I m 2 ' 1 1 i I Rushton Pointe RPUD-PL 2015 000 0306 Document Date: January 24,2018/Revised March 20,2018 Page 5 of 11 <C Pkb .14 • co o cY) Ii o • 9, 0 ci, E)"' 0 co __. w I- 0 co 0 O c\I 1 z c\I 4 _jCJ kai 0 in cc „ , • m < 8 1 i cn 6 6 w 1-- 1— •• 0 0 Le aa al Z W. w D r, N rri a 05 L) < m w 1., ......-< _ p II : -Q. Ece CD IL Z Z z .•: . Di OZ i 0 51 nl= u) 5 ....:.I IONM CC CC F- 0 1_ ... i 0 :•:.).-_-.7 0 u j 0 0 d • 0 : Cr) CD ri .... w 0 W I— . , . in cn cn 6 i •..,- ..._ , . < ca w z c.) ..ic 2 ce - ::::; 0 S o= 0 CC U1 W CC 0 2 a_ ...: 0 < 0 Z is- w w z Z > , 0 , .•• Ne ......- ...±. .7( . , 14 c.3 c..) 1:1- i-- 2 0 .,e 0 ,,... . S 2 • < --1 •-• fp • • Z 0- ,..-, ..., . b 0 < 0 i 011111•11 W < W ...i Z IMMNI= .j CO CC 0 a ±- z u) w Rushton Pointe RP UD-PL 2015 000 0306 Document Date: January 24,2018/Revised March 20,2018 Page 6 of 11 k(c) Q S CD ^. i- 0 wig0 o (C Q O r r •q .. ILIT Z C/) r` Q a Q i i :'$ O } 0Q CC Cn 1— rr Z in I O < CC O _J W Q ! : ' Z . L.L.a ~ LL t CC (-3 H a c (;) a 8 D J -: Zz j � f= O C i Cr t! ; j N W I o } cn 5 >i , OC Z z LL T E z ZW \1 O -1-- a oi 0 X z o o Ioo _ W CO 1 U ° a d1 WSW a Ci o 0 Z Z Z Z CC IIILai 0 Q —a Lu pts W i3O 0 r C9 Q W o ° 3 Yc.3 0 U 0 0 W W d W CI aW Q_ w Z Z Z N r. — ' .- io �' Z ��— Z f :.' I \,,,�` / m �i `/ Q UJ --_J.— ,,,ii:Yz,s $ CC T Li j I- X H Q cil z LIJ z W W Rushton Pointe RPUD-PL 2015 000 0306 Document Date: January 24,2018/Revised March 20,2018 Page 7 of 11 17A EXHIBIT D LEGAL DESCRIPTION LEGAL DESCRIPTION OF 38.1 PARCEL TAKEN FROM BOUNDARY SURVEY DESCRIPTION: THE NORTH ONE-HALF (N 1/2) OF THE NORTH ONE-HALF (N 1/2) OF THE SOUTH ONE-HALF (S 1/2) OF THE SOUTHEAST ONE-QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE EAST 100 FEET FOR PURPOSES OF ROAD RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA. AND THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, LESS THE EAST 100 FEET THEREOF FOR ROAD RIGHT-OF- WAY PURPOSES. LESS THEREFROM THE FOLLOWING PARCEL AS DESCRIBED IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3888, PAGE 1639, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: A PORTION OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ALSO BEING A PORTION OF THOSE LANDS DESCRIBED IN O.R. BOOK 1422, PAGE 1906 OF THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT "D-1" AS SHOWN OF INDIGO LAKES UNIT ONE AS RECORDED IN PLAT BOOK 34, PAGES 76-84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE SOUTH 02°15'33" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951 (C.R. 951), FOR A DISTANCE OF 671.55 FEET, TO THE NORTHEAST CORNER OF TRACT "D" CAMDEN COVE AS RECORDED IN PLAT BOOK 39, PAGES 24-25, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89°55'47" WEST, ALONG THE NORTH LINE OF SAID TRACT "D", FOR A DISTANCE OF 60.05 FEET; THENCE NORTH 02°15'33" WEST, ALONG A LINE 60.00 FEET WESTERLY OF AND RUNNING PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951 (C.R. 951), FOR A DISTANCE OF 671.55 FEET, TO A POINT OF THE SOUTH LINE OF TRACT "D-1" AS SHOWN ON INDIGO LAKES UNIT ONE; THENCE SOUTH 89°56'00" EAST, ALONG SAID SOUTH LINE FOR A DISTANCE OF 60.05 FET TO THE POINT OF BEGINNING. Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/Revised March 20, 2018 Page 8 of 11 \ 1 7 A EXHIBIT E LIST OF DEVIATIONS FROM LDC Deviation 1. From LDC Section 6.06.01.N, requiring a minimum right-of-way width of 60 feet for local private street rights-of-way, to allow for a minimum 42-foot right-of-way width internal to the proposed development, as noted on RPUD Master Plan Exhibit C-1 and depicted by Typical Road Section Exhibit C-2. Deviation 2. From LDC Section 6.06.01.J, which prohibits dead-end streets, to allow the two dead end streets of less than 100 linear feet, at locations depicted and noted on the RPUD Master Plan Exhibit C- 1 and as depicted on Typical Road Section /(T-Turnaround) Exhibit C-3. Deviation 3. From LDC Section 6.06.02.A.2, which requires sidewalks to be constructed on both sides of the street within public and private rights-of-way or easements internal to the site,to allow sidewalks to be constructed only on the north side of the private street located parallel to the property's southern property line, as depicted and noted on the RPUD Master Plan Exhibit C-1, where the internal road only supports residential on its north side. Deviation 4. From LDC Section 6.06.02.A.2 which requires sidewalks to be constructed on both sides of the street within public and private rights-of-way or easements internal to the site,to allow sidewalks to be constructed only on one side of each of the two dead end streets at locations depicted and noted on the RPUD Master Plan Exhibit C-1 and as depicted on Typical Road Section /(T- Turnaround) Exhibit C-3. Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/Revised March 20, 2018 Page 9 of 11 17A EXHIBIT F LIST OF DEVELOPER COMMITMENTS 1. PUD MONITORING: One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Ali R. Ghahramani, M.D. Investment Limited Partnership, 7223 Ayrshire Lane, Boca Raton, Florida, 33496. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts,the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed- out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 3. All other applicable state or federal permits must be obtained before commencement of the development. 4. Project shall not exceed 221 PM Peak Hour trips, as listed by the Traffic Impact Statement submitted with the application based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 5. The north and south RPUD property line buffers shall be enhanced to include the opaque hedge requirement of the LDC Type B buffer when a Type A buffer is required. 6. When applicable, LDC Section 4.06.05—General Landscaping required for residential developments; the required canopy trees of one per 3,000 sf of pervious open space per lot, shall be located within the individual lot's rear setback (abutting lakes, preserves or buffers) to avoid potential conflicts with utility infrastructure. 7. Community assembly and recreational facilities and their associated accessory uses such as parking, are prohibited within 125 feet of the Indigo Lakes PUD boundary. Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/Revised March 20, 2018 Page 10 of 11 1 7 A 8. When a parking lot accessory use is required by the LDC for a recreational amenity as an element of multi-family residential development,the parking lot pavement shall be concrete and be appropriate for a dual-purpose use (parking and recreational) and the parking lot shall incorporate at a minimum, a singular basketball hoop stand with backboard as an amenity. The commitment will only apply to the first SDP that includes such a recreational amenity. 9. The north property line buffer and the south property line buffers (and the preserve buffer hedge when required by this RPUD), shall be enhanced with a vinyl-covered five-foot high chain-link fence centered and placed in the shrub installation which meets the 80%opacity hedge standard of the Type B landscape buffer referenced in Developer Commitment 5 of this exhibit. 10. 30% of the north property line buffer canopy trees shall be substituted with a sabal palm grouping of three with each grouping including minimum clear trunk heights of 10-foot, 14-foot and 16-foot. One such grouping shall be located immediately south to each offsite Indigo Lakes residential lot where abutting a Rushton Pointe residential tract. 11. The north property line buffer hedge shall be comprised of a minimum of ten-gallon plants which are five-feet in height and three-feet in spread at installation and spaced a maximum of four feet on center. Alternating shrubs shall form two hedge lines; half the shrubs shall be installed on the south side and half on the north side of the fence required by #9 above. The plant material to be utilized shall be Cocoplum; unless the Indigo Lakes Master Association agrees and enters into a mutually acceptable agreement to maintain the hedge north of the fence, in which case the south side of the fence shall be planted with Cocoplum and the north side with Clusia; except that Cocoplum will be used on both sides of the fence when abutting or within 50 feet of an onsite or offsite preserve. 12. Three-tab asphalt roofing shingles are prohibited from being utilized within this RPUD. 13. This RPUD shall not be developed as a rental apartment community. Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/Revised March 20, 2018 Page 11 of 11 17A Account #068779 March 29, 2018 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 RE: PL20150000306 — Rushton Pointe Dear Legals: Please advertise the above referenced Legal Notice Wednesday, April 4, 2018 and send the Affidavit of Publication with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500182060 17A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on April 24,2018,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE RUSHTON POINTE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 229 RESIDENTIAL DWELLING UNITS ON PROPERTY 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,CONSISTING OF 38.1±ACRES. [PL20150000306] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the Countymanager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board 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 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,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA ANDY SOLIS, CHAIRMAN DWIGHT E.BROCK,CLERK By: Ann Jennejohn Deputy Clerk(SEAL) 17A Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, March 29, 2018 12:16 PM To: legals@naplesnews.com Subject: PL20150000306 Attachments: PL20150000306 (BCC 4-24-18).doc; PL20150000306 (BCC 4-24-18).docx Please advertise the attached ort Wedvtesday, April 4, 201-8. Thavtk you! Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier Couvtty Board Mivtutes Sr Records Dept. 239-252-8406 Fax 23g-25'2-8408 17A Ann P. Jennejohn From: Legals@naplesnews.com Sent: Thursday, March 29, 2018 1:53 PM To: Ann P.Jennejohn Subject: For your approval Ad: 1973694, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-40-1973694-1.pdf Hi Ann, Attacked is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to ruvt on the 1st date scheduled. Deadline: 2pvn for next day publicatiovt, except for Sunday/Monday publication, the deadline is 4pvn ovt Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 23 9.213.6061 Legals@naplesnews.com naplesnews.covv 1 »» 40 > Ad Proof Ls BIait rw 1 7 A 4 Sales Rep:Mereida Cardenas(N9103) Phone: Email: —1111=1111 '1111=11111 Date:03/29/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id: 1973694 P.O.No.:4500182060 Total Cost:$416.50 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:04/04/18 Stop Date:04/04/18 Phone:(239)774-8049 Fax:(239)774-6179 Number of Timess:1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING THE RUSHTON POINTE RPUD, public hearing. In any case, BOARD OF COUNTY NOTICE OF INTENT TO TO ALLOW CONSTRUCTION written materials intended COMMISSIONERS CONSIDER AN ORDINANCE OF A MAXIMUM OF 229 to be considered by the COLLIER COUNTY,FLORIDA RESIDENTIAL DWELLING UNITS Board shall be submitted Notice is hereby given that ON PROPERTY LOCATED ON to the appropriate County ANDY SOLIS,CHAIRMAN a public hearing will be held THE WEST SIDE OF COLLIER staff a minimum of seven by the Collier County Board BOULEVARD, APPROXIMATELY days prior to the public DWIGHT E.BROCK,CLERK of County Commissioners on TWO THIRDS OF A MILE hearing. All materials used By: Ann Jennejohn April 24, 2018, in the Board SOUTH OF IMMOKALEE ROAD, in presentations before Deputy Clerk(SEAL) of County Commissioners IN SECTION 27, TOWNSHIP the Board will become a April 4,2018 No.1973694 Meeting Room, Third Floor, 48 SOUTH, RANGE 26 EAST, permanent part of the record. Collier Government Center, CONSISTING OF 38.1± ACRES. 3299 East Tamiami Trail, [PL20150000306] Any person who decides to Naples FL., the Board of appeal any decision of the County Commissioners (BCC) A copy of the proposed Board will need a record of will consider the enactment Ordinance is on file with the the proceedings pertaining of a County Ordinance. The Clerk to the Board and is thereto and therefore, may meeting will commence at 9:00 available for inspection. All need to ensure that a verbatim A.M. The title of the proposed interested parties are invited record of the proceedings is Ordinance is as follows: to attend and be heard. made, which record includes thAN ORDINANCE OF THE BOARD NOTE: All upon testimonywichand evidenceali persons wishing which the appeal is OF COUNTY COMMISSIONERS to speak on any agenda based. OF COLLIER COUNTY,FLORIDA item must register with the AMENDING ORDINANCE County manager prior to If you are a person with a NUMBER 2004-41, AS presentation of the agenda disability who needs any AMENDED, THE COLLIER item to be addressed. accommodation in order to COUNTY LAND DEVELOPMENT Individual speakers will be participate in this proceeding, CODE, WHICH ESTABLISHED limited to 3 minutes on any you are entitled,at no cost to THE COMPREHENSIVE ZONING item. The selection of any you,to the provision of certain REGULATIONS FOR THE individual to speak on behalf assistance. Please contact UNINCORPORATED AREA OF of an organization or group is the Collier County Facilities COLLIER COUNTY,FLORIDA,BY encouraged. If recognized by Management Division,located AMENDING THE APPROPRIATE the Chairman,a spokesperson at 3335 Tamiami Trail East, ZONING ATLAS MAP OR MAPS for a group or organization Suite 101, Naples, FL 34112- BY CHANGING THE ZONING may be allotted 10 minutes to 5356, (239) 252-8380, at least CLASSIFICATION OF THE speak on an item. two days prior to the meeting. HEREIN DESCRIBED REAL Assisted listening devices PROPERTY FROM A RURAL Persons wishing to have for the hearing impaired AGRICULTURAL (A) ZONING written or graphic materials are available in the Board of DISTRICT TO A RESIDENTIAL included in the Board agenda County Commissioners Office. PLANNED UNIT DEVELOPMENT packets must submit said (RPUD)ZONING DISTRICT FOR material a minimum of 3 THE PROJECT TO BE KNOWN AS weeks prior to the respective Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may he pro-rated for the remaining full days for which the ad did not run. 17A Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, March 29, 2018 1:59 PM To: Neet, Virginia; 'timothyfinn@colliergov.net'; 'VelascoJessica' Subject: PL20150000306 Rushton Pointe RPUD (4-24-2018 BCC Meeting) Attachments: BCCZONINGD-40-1973694-1.pdf Please review for approval. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 Original Message Frovvt: Legals@naplesnews.covvt <Legals@naplesnews.cowt> Sent: Thursday, March 29, 2.018 1:53 PM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.covn> Subject: For your approval Ad: 1973(094, NOTICE OF PUBLIC HEARING NOTICE OF I Hi Ann, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pwt for next day publication, except for Sunday/Monday publication, the deadline is 4pwt on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 23 9.213.6061 Legals@naplesnews.cowt naplesnews.cowt 1 Ann P. Jennejohn 17 A From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Thursday, March 29, 2018 2:04 PM To: Ann P.Jennejohn; NeetVirginia;VelascoJessica Subject: RE: PL20150000306 Rushton Pointe RPUD (4-24-2018 BCC Meeting) Approved Timothy Finn, AICP Principal Planner Zovtivtg Division NOTE: New Email Address as of 12./09/2017: Tiwtothy.Finn@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 23q.252.431-2 Tell us how we are doing by taking our Zovtivtg Division Survey at http://bit.ly/CollierZoning. Under Florida Law, e-wtail addresses are public records. If you do vtot 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. Original Message From: Ann P. Jennejohn [wailto:Ann.Jennejohn@collierclerk.cowt] Sent: Thursday, March 29, 2018 1:59 PM To: NeetVirginia <Virginia.Neet@co lliercountyfl.gov>; FinnTiwtothy <Tivnothy.Finn@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: PL20150000306 Rushton Pointe RPUD (4-24-2018 13CC Meeting) Please review for approval. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court 17A Ann P. Jennejohn From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Monday,April 02, 2018 2:58 PM To: Ann P.Jennejohn Subject: FW: BCC Advertisement Request PL20150000306 From:StoneScott Sent:Thursday, March 29, 2018 9:44 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: RE: BCC Advertisement Request PL20150000306 Looks good, thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: RodriguezWanda Sent:Thursday, March 29, 2018 9:41 AM To:StoneScott<Scott.Stone@colliercountyfl.gov> Cc: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: FW: BCC Advertisement Request PL20150000306 Another one for an early review/approval. The title does match the most recent title you approved. "Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239) 252-8400 From:VelascoJessica Sent:Thursday, March 29, 2018 9:32 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; KendallMarcia<Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; FinnTimothy <Timothy.Finn@colliercountyfl.gov> Subject: BCC Advertisement Request PL20150000306 1 17A Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, April 02, 2018 3:06 PM To: Naples Daily News Legals; 'Cardenas, Mereida' Subject: RE: For your approval Ad: 1973694, NOTICE OF PUBLIC HEARING NOTICE OF I Approved! Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-2_52-8406 Fax 239-252-8408 Original Message Frovvt: Legals@naplesnews.cowt <Legals@naplesnews.covn> Sent: Monday, April 02, 2018 10:01- AM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.cowt> Subject: For your approval Ad: 1973694, NOTICE OF PUBLIC HEARING NOTICE OF I and the 3rd ad Attacked is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on. the 1st date scheduled. Deadline: 2pvvt for next day publication., except for Sunday/Monday publication., the deadline is 4pvvt on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 23 9.213.6061 Legals@naplesnews.cow. naplesnews.cowt 1 Coity'of Collier 17 A CLERK OF THE C)RC IT COURT COLLIER COUNTI^6COUR OUSE � 5 3315 TAMIAMI TRL E STE 102 Dwight E.Brock-tJP�s eerk of circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 � NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audito = Cpstodian of County Funds March 29, 2018 Michael Fernandez Planning Development 145 Central Avenue Naples, FL 34102 Re: PL20150000306 — Rushton Pointe RPUD Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners Tuesday, April 24, 2018. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 4, 2018. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej ohn, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 1 7 A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on April 24, 2018, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD Persons wishing to have OF COUNTY COMMISSIONERS written or graphic materials OF COLLIER COUNTY,FLORIDA included in the Board agenda AMENDING ORDINANCE packets must submit said NUMBER 2004-41, AS material a minimum of 3 AMENDED, THE COLLIER weeks prior to the respective COUNTY LAND DEVELOPMENT public hearing. In any case, CODE, WHICH ESTABLISHED written materials intended THE COMPREHENSIVE ZONING to be considered by the REGULATIONS FOR THE Board shall be submitted UNINCORPORATED AREA OF to the appropriate County COLLIER COUNTY,FLORIDA,BY staff a minimum of seven AMENDING THE APPROPRIATE days prior to the public ZONING ATLAS MAP OR MAPS hearing. All materials used BY CHANGING THE ZONING in presentations before CLASSIFICATION OF THE the Board will become a HEREIN DESCRIBED REAL permanent part of the record. PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING Any person who decides to DISTRICT TO A RESIDENTIAL appeal any decision of the PLANNED UNIT DEVELOPMENT Board will need a record of (RPUD)ZONING DISTRICT FOR the proceedings pertaining THE PROJECT TO BE KNOWN AS thereto and therefore, may THE RUSHTON POINTE RPUD, need to ensure that a verbatim TO ALLOW CONSTRUCTION record of the proceedings is OF A MAXIMUM OF 229 made, which record includes RESIDENTIAL DWELLING UNITS the testimony and evidence ON PROPERTY LOCATED ON upon which the appeal is THE WEST SIDE OF COLLIER based. BOULEVARD, APPROXIMATELY TWO THIRDS OF A MILE If you are a person with a SOUTH OF IMMOKALEE ROAD, disability who needs any IN SECTION 27, TOWNSHIP accommodation in order to 48 SOUTH, RANGE 26 EAST, participate in this proceeding, CONSISTING OF 38.1± ACRES. you are entitled, at no cost to [PL20150000306] you,to the provision of certain assistance. Please contact A copy of the proposed the Collier County Facilities Ordinance is on file with the Management Division,located Clerk to the Board and is at 3335 Tamiami Trail East, available for inspection. All Suite 101, Naples, FL 34112- interested parties are invited 5356, (239) 252-8380, at least to attend and be heard. two days prior to the meeting. Assisted listening devices NOTE: All persons wishing for the hearing impaired to speak on any agenda are available in the Board of item must register with the County Commissioners Office. County manager prior to presentation of the agenda BOARD OF COUNTY item to be addressed. COMMISSIONERS Individual speakers will be COLLIER COUNTY,FLORIDA limited to 3 minutes on any item. The selection of any ANDY SOLIS,CHAIRMAN individual to speak on behalf of an organization or group is DWIGHT E.BROCK,CLERK encouraged. If recognized by By: Ann Jennejohn the Chairman,a spokesperson Deputy Clerk(SEAL) for a group or organization April 4,2018 No.1973694 may be allotted 10 minutes to speak on an item. 17A ~ neo Datill 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.# BCC/ZONING DEPARTMENT 1973694 NOTICE OF PUBLIC HEA 4500182060 Pub Dates April 4,2018 ll tog,a4 (Sign'?th ure of affiant) I ':;:" ., KAROL MICAS' I Notary Publk-SWM of Florida Sworn to and subscribed before me � -t ^ ComnlulontGGu o41 This April 04,2018 a,. " MyComm.EapfralWM•1021 1 BondedenottsdanattioNsin I \- anol g q CrAtra (Signature of affiant) 24D I WEDNESDAY,APRIL 4,2018 I NAPLES DAILY NEWS Notice To Creditors Public Notices Public Notices Public Notices • CLASSIFIED COURT OFwritten nute LI AUeCOLLIER COMMISSIONERS FLORIDA COMMERCIAL PLANNED AND FOR COLLIER Y, Boardbe submitted UNIDEVELOPMENT MENT(CPUD), FLORIDA to the appropriate County ANDY SOLIS,CHAIRMAN AS AMENDED, BY ADDING PROBATE DIVISION staff a minimum of seven OUTDOOR RECREATION CASE NO.11-2018-CP-000667- days in p prior to the public DWIGHT E.BROCK,CLERK FACILITIES AS A GENERAL ohn C 0 N T A C T U INX REX THE ESTATE OF the hearing. Boardnitwill presentations comeere a April Deputy Clmaterials used By: Ann erk(SEAL) PERMITTED USE; BY CPROVIDING ENTERS ASSOCIATED THAT WELLNESS permanent part of the record. EMPLOYEES AND HOTEL aPEARL, GUESTS SHALL NOT COUNT Racing Deceased. Any person who decides to NOTICE OF PUBLIC HEARING TOWARDS SQUARE FOOTAGE appeal any decision of the NOTICE OF INTENT TO MAXIMUMS IN THE BUSINESS NOTICE TO CREDITORS Board will need as precord of CONSIDER AN ORDINANCE DISTRICT AND INDUSTRIAL the 1(���.///`nM• • Notice Is hereby thereto end itherefo ea may Notice is hereby given that COMMERCIAL LLLWIG A 169 ROOM �e'WV V B•fled Ads given that the administration into ensure pthat a roceedings verbatim pthe ublic hearing will be held HOTEL ON TRACT 6 WEST OF of the Estate m John P. record of the proceedings is County CommisskCounty nersRouordn GOODLETTE FRANK ROAD BV Pearl, deceased (Case No. made,which record includes DECREASING THE ALLOWABLE 11-2018-dote 667-0001-XX), the testimony and evidence 0 24.2y618,in the Board SQUARE FOOTAGE IN THE whose yat2D1of 8eath is now based.which the appeal is MeetingnRooml Third(Floor, INDUSTRIAL COMMERCIAL has Collier Government Center, DISTRICT BY 6,900 SQUARE never been easier.► Januarpending in 11,he Circuit Court FEET FOR A TOTAL OF 709,100 of Collier County, Florida, If you area person with a 3299 East Tamiami Trail SQUARE FEET OF FLOOR AREA Probate Division,the address disability who needs any Naples FL., the Board of ciP INDUSTRIAL/COMMERCE ONLINE of which is 3315 Tamiami Trail accommodation In order to County Commissioners(BCC) USES; BY DECREASING East,Suite 102,Naples,Florida participate in thisroceeding, will consider the enactment THE ALLOWABLE SQUARE naplesnews.com/classifieds 34112-5324. you are entitled,at no cost to of a County Ordinance. The FOOTAGE IN THE BUSINESS your to the provision of certain meeting win commence at 9:00 DISTRICT BY 23,000 SQUARE The name antl assistance. Please contact A.M.The title of the propose FEET TO269,000 SQUARE FEET FAX ------ address of the personal the Cggollier.County Facilities Dalianca is as follows: INCLUDING A QoUAREREDUCTION representative(239)263 4708 representative's attorney atersonal .3335 Tanamiement Eatst AN ORDINANCE OF THE BOARD TO239,O0241UAREAFEETEOF and personal representatives Suite 101,Naples,FL 34112- OF OF COUNTY COMMISSIONERS OFFICE USE BY ADDING resident agent are set forth 5356,(239)252-8380,at leaf OF COLLIER COUNTY,FLORIDA INDOOR AND OUTDOOR EMAIL •..- below: two days prior to the meeting. AMENDEAMENDING ORDINANCE RECREATIONAL FACILITIES Assisted listening devices NUMBER 2004-41, AS AS A PERMITTED ACCESSORY ndnelassifieds na lesnews.eom Commerlce Trrust Representative: a are avauddhieants%sisrdr of COUNTY LAND THE USE IN THE BUSINESS P T hCODE,WHICH ESTABLISHED DISTRICT AND INDUSTRIA: Please be sure to include your name,address and daytime division of Commerce Bank County Commissioners Office. COMMERCIAL DISTRICT; TI 416 Main Street THE COMPREHENSIVE ZONING AL ADDING DEVIATIONS TO phone number.We will call you to confirm receipt of ad. Peoria,Illinois 61602 BOARD OF COUNTY REGULATIONS FOR THE ALLOW ANY USE ON TRACTS COOUNTS UNINCORPORATEDLLIEORA OF ;AND 6 ON THE FOR TEE Attorney for Personal COLLIERDY SCOUNTY,FLORIDA AMENDINGR COUNTY,A FLORIDA,FPRIBY PLAN TO BE ARCHITECTURAL RCHI ELIGIBLE FOR THE PHONE Representative:erC.HallANDY SOLIS,CHAIRMAN ZTAPPROPRIATE MAPS DTPROCESST D Robert aHall ZONINGCHATLASGIMAP OR MAPS DEVIATIONEVPROCESS AND General Classified and Real Estate Miller,m Street, LLC DWIGHT E.oBROCK,rguru,CLERK BY CHANGING THE ZONING A DEVIATION TO PERMIT 416 Main Street,Suite 1125 By Martha Vergara,Deputy CLASSIFICATION OF THE EXISTING STREET TREES TO 239-263-4700 Peoria,Illinois 61602 Clerk(SEAL) HEREIN DESCRIBED REAL SATISFY THE BUFFER TREE April 4&11,2018 No.1965511 PROPERTY FROM A RURAL REQUIREMENTS FOR TRACT Resident Agent for Personal AGRICULTURAL (A) ZONING 5.THE SUBJECT PROPERTY RECRUITMENT - Representative: DISTRICT TO A RESIDENTIAL IS LOCATED SOUTH OF 162WBears Paw Trail liam F.Brock p Real[State (RPALEE ROAD UPLAD)ZONING DISTRICT ED UNIT 6FOR BOT TH EAST AND WESTAND OF 844-452-4842 Naples,Florida 34105THE PROJECTTOBEKNOWNAS GOODLETTE FRANK ROAD TheNe's noplace lilre...here THE RUSHTON POINTE RPUD, IN SECTION 27, TOWNSHIP EMAIL All creditors of the decedent and other persons localfieds TO ALLOW CONSTRUCTION 48 SOUTH RANGE 25 EAST, OF A MAXIMUM OF 229 COLLIER COUNTY , FLORIDA, having claims or demands RESIDENTIAL DWELLING UNITS CONSISTING OF 106 naplesjobs@gannett.com against the decedent's estate NOTICE OF PUBUC HEARING ON PROPERTY LOCATED ON ACRES;AND BY PROVIDING on whom a copy of this Notice NOTICE OF INTENT TO THE WEST SIDE OF COLLIER AN AND DATE. is required to be served mut CONSIDER AN ORDINANCE BOULEVARD,APPROXIMATELY EP(201700004251 ---------- MAIL file their claims with the TWO THIRDS OF A MILE Circuit Court of Collier County, Notice is hereby given that SOUTH OF IMMOKALEE ROAD. A copy of the proposed Naples News Classified Dept. Florida, ProbateDivision a public hearing will be held IN SECTION 27, TOWNSHIP Or®knee Is on file with the PWITHIN 30 DAYS AFTER THE by the Collier County Beard 48 SOUTH,RANGE 26 EAST, Clerk i the Bkrd and All DATE OF SERVICE OF THIS M County Commlatkeea on CONSISTING OF 38.11 ACRES. available for inspection. All 1100 Immokalee Rd. NOTICE. April 24,2018,in the Board (PL2015g000306] interested parties are inviter) Naples,FL,34110 All nther creditors ° County Commissioners o attend and be heard. 7 Meeting Room,Third Floor, A copy of the proposedhe c of the decedent and other Collier Government Center, Ordinanceltois ar with the NOTE: All persons wishing persons having claims 3299 East Tamiami Trail, Clerk to the Board and All to speak on any a ends PUBLISHER OF: deced mantiestate against file Naples FL„ the Board of available for Inspection. item must register wkn the County Cemmissiokrs(BCC) interested parties are invited County manager prior to their claims with the Circuit will consider the enactment to attend and be heard. presentation of the agenda CourtofConierCounty,Florida, of a Cogguntyy Ordinance. The NOTE: All persons wishingitem to be addressetl. Naples Daily News ce atern MONTHS AFTER THE ATE OF meeting The ilde of the commenproposo ttemspeak t egisanany aaenda Imiteduto 3pmi utas onl any THE FIRST PUBLICATION OF f:diiknce is as follows: gi h dem. The selection of any THIS NOTICE. Couns pr sentat on ofethe agenda Individual organ zato tlon or group ppeak on ais inieles COMMUNITY PAPERS: AN ORDINANCE OF THE iittem toi be addressetl. encouraged.If recognized by publication The date of first BOARD OF COUNTY Individual speakers will be the Chairman,a spokes person the banner March 28,2018,this Notice Is COMMISSIONERS OF COLLIER COUNTY,FLCE RNUMAM AMENDING (tented The select'.of any ftay be allottor ed 30 man tee to m.-� ALL CREDITORS AS AMENDED, THE MARCO individual to_sae ak on behalf speak on an dem. --,W EMAIL --- MUST FILE CLAIMS AGAINST SHORES GOLF COURSE encouraged If on or grou by Persons wishing THE DECEDENT'S ESTATE COMMUNITY PLANNED UNIT p graphic g to have WITH THE CIRCUIT COURT OF DEVELOPMENT (PUD), TO fothe r ah girman,a rouporsotgantzatlon Included in thepBkrd agenda collier citizen COLLIER COUNTY, FLORIDA, ALLOW GROUP HOUSING FOR may be allotted 10 minutes to PROBATE DIVISION DURING SENIORS ON RESIDENTIAL speak packets must submit said m..me.'m..."""'"""'�""'°'� THE TIME PERIODS SET FORTH PARCEL TWO A, AND TOeak on an item. materia[ a minimum of 3 IN SECTION 733.702 OF THE ADD NEW DEVELOPMENT weeks prior to the respective marco eagle FLORIDA PROBATE CODE, STANDARDS FOR RESIDENTIAL Persons wishing to have public hearing. In any case OR SUCH CLAIMS SHALL BE PARCEL TWO A: AND written or graphic materials written materials Intended �„- FOREVER BARRED. PROVIDING FOR AN EFFECTIVE included in the Bkrd agenda to be considered by the DATE, FOR PROPERTY Packets must submit aid Board shall be submitted By:E.Ann Gatlk LOCATED NEAR THE MARCO material a minimum f 3 to the appropriate County ®IN PARTNERSHIP WITH:sima Vice President, Commerce ISLAND EXECUTIVE AIRPORT weeks prior to the res Ypective staff a minimum of seven pubCommercec Trust -Bank,division Personal 53 SOUTH.RRANGE 26 EAST,TOWNSHIP wrtltenic t1ematerials in intended hearins g riAll mte'or to hlalspuseubld NapleDaiNRepresentative COLLIER COUNTY, FLORIDA. to be considered by the in presentations before s Daly ews March 28,April 4,2018 [PLICA-DL20170001345]. Board shall be submitted the Board will become a No.1968809 to the appropriate County permanent part of the record. A copy of the proposed staff minimum of seven P�iblic Notices Clerkk00 is on ole with the days prior to the public Any person who decides to to the Board and is hearing.All materials used appeal any tleclslon of the DECLINES NOTICE OF PUBLIC HEARING available for Inspection. All presentations rdwilb before Bkrd will need a record of interested parties are invited the oartl will become a the proceedingspertaining Notice ishereby given that to attend and be heard. permanent part of the record. thereto and therefore,may Naples Daily News on Apnl2 y2B18,inthe Board to need to ensure that a verbatim f CountCommissioners NOTE: All persons wishing appeal rano d clslonciofsthe record of the proceeding is Meeting Room,Third Floor, to speak on any w endoy ode,which record incudes Collier Government Center, item must register with the Beard will need a record of the testimony and evidence 3299 Tamlami Tragi East County manager prior to the proceedings pertaining upon which the appeal is Tuesday-Saturday Editions Naples FL., the Board of presentation of the agenda thereto and therefore,may based. Clan Commissiakn Pr need to ensure that averisatim II consider the rs(BCC) item individual speakersbaddress b record of the proceeding s If you re a person with a 2PM,one day prior of a County Resolution. The limited to 3 inutes on any made,which record Includes disability who needs any meeting will commence at 9.70 item. The selection of any the testimony and evidence accommodation in order to A.M.The title of the proposed individual to speak on behalf Don winch the appeal is participate in this proceeding, Sunday and Monday Editions Resolntion is as follows: f an orgemzatgre or groupc is based. you are entitled,at no cost to RESOLUTION N0.2018-_ the Chaion of certain encourairman,Ifa spokespersonb If you are a person with 8 you, assistance. Plto the sease contact SPM Friday fora group or organization disability who needs any the Collier County Fealties A RESOLUTION OF THE BOARD may be allotted 10 minutes to accommodation in i in order to MattagemeM Division,located OF COUNTY COMMISSIONERS speak on an item. Participate in this roceeding, at 3335 Tamlami Trail East, OF COLLIER COUNTY,FLORIDA you are entitled,at no cost to Suite 101,Naples,FL 34112- Free Merchandise Ads TO DISCLAIM, RENOUNCE, Persons wishing t0 have you,to the provision of certain 5356,(239)252-8380,at least AND VACATE THE COUNTY written or graphic materials assistance. Please contact two days prior to themeetgng. We offer FREE classified ads for non-commercial AND THE PUBLIC INTEREST IN included in the Board agenda the Collier.County Facilities Assisted hearing devices THAT ROADWAY EASEMENT ackets must submit said atManagement3Tamiami Division,located atst, for the hearing impaired rf items$100 or gess(the price must appear in the RECORDED IN OR BOOK 2355, material a minimum of 3 at 3331 Tamiami Trail East, are available;s the Board of e. ad),lfree ad per wee ads are alines,run for? PAGE 2715,OF THE PUBLIC weeks prior to the respective Suite 101,Naples.FL 34112- County Commissioners Office. P k RECORDSOFCOLLIER COUNTY, hearing. two (239)252-8380,to the etit nst public em at. In any e, two slays prior to the meeting. BOARD OF COUNTY days,and the item will run one time as a free ad. FLORIDA. THE SUBJECT written intendedythe Assisted listening devices COMMISSIONERS These ads are notprocessed byphone. PROPERTY IS LOCATED ON to be considered by the for the hearing impaired COLLIER COUNTY,FLORIDA THE EAST SIDE OF COUNTY Board shall be submitted are available in the Board of BARN E-mail classadio�naplesnews-corn or mail to: ONE QUARTER MILE SOUTH OF staffROXIMATELY 0 h a appropriate 00 sever County Commissioners Office. ANDY SOLIS,CHAIRMAN Free Ads 1100 Immokalee Road Naples,FL 34110. DAVIS BOULEVARD OU IPVAR50 EAST.RANGE hearing.prior iAll to the alspused BOARD OF COUNTY DWIGHT E.BROCK,CLERK 26 EAST,COLLIER COUNTY, in presentations before COMMISSIONERS By: Ann lennejohn FLORIDA. (PETITION VAC- the Board will become a COLLIER COUNTY,FLORIDA Deputy Clerk(SEAL) C P0170001644) permanent part of the record. ANDY SOLIS,CHAIRMAN RealApril 4,2018 No.1973294 L2Estate For Sale By A copy of the proposed Any person who decides to DWIGHT E.BROOK,CLERK There r�T�, s ) By. nn Resolution is on file with the appeal any decision of the ere Clerk to the Beard and is Board will need a record of Deputy Clerk(SEAL ) 1jE L7 available for inspection. All the proceedings pertaining April 4,2018 No.1973694 interested parties are invited thereto and therefore, may of Nine line ad,14 days in Naples Daily to attend and be heard. need to ensure that verbatim NOTICE OF PUBLIC HEARING no place record of the proceedings is NOTICE OF INTENT TO News,all community publications, NOTE: All persons wishing made,which record includes CONSIDER AN ORDINANCE I to speak on any agenda the testimony and evidence NaplesNews,comand Topads. tem must register with the Pon which the appeal is Notice Is hereby given that hke...here. County manager prior to based. a public hearing will be held presentation of the agenda by the caner County Board tem to be addressed. If you are a person with a of County Commissiokn on POLICY;Naples Daily News reserves the rightto correctly Individual speakers will be disability who needs any Apol 24,2018,in the Board Real Estate limited to 3 minutes on any accommodation in order to of County Commissioners classify and edit all copyorto reject orcancelany item. The selection of any participate in thisroceeding, Meeting Room,Third Floor, advertisementtenytime.Allads placed by phone am individual to speak on behalf you are entitled,at no cost to Collier Government Center, of an organization or group]s you,to the provision of certain 3299 East Tamiami Trail read backtotheadvertiserat the time of placement,email encouraged.If recognized by assistance. Please contact Naples FL., the Beard et verification provided to advertisers who provide the Chairman,a spokesperson the Collier County Facilities County Commissioners(BCC) Prove for a group or organization at 3125TEnt Dlvisi rlocated will nsider the enactmentfilin eddresses.Only standard abbreviations are accepted.Classified speak on an Hem. Suite 101,N(2.03 FL 34112- meetin6 title the yrat9:00 PP 5356,(239)252-8380,at least AAA,The title of the propose Persons wishing to have two days prior to the meeting. Ormknce is as follows: Corrections:Pleaee<heckyour ad for errors on the firenday,t written or graphic materials Assisted listening devices included in the Board agenda for the hearing impaired AN ORDINANCE OF THE BOARD appears.Naples Daily Newswgll not be responsible for incorrect packets must submit said are available in the Board of OF COUNTY COMMISSIONERS Nee. FLORIDA ads afterthe firtday ofpub]katgun. weeks teria prior to the respective AMENDING Commissioners Office. AMENDIF INGER COU ORDINANCE - s public hearing. In any case, BOARD OF COUNTY NUMBER 2006-50, THE 17A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print oil pink paper. Attach to original document. The completed routing slip and original documents are to he formarded to the County Attorney Omer at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the(minty Atiorne) Office no later than Ronda} preceding the guard meeting. **NEW** ROUTING SLIP Complete routing lines#I through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office e44, LC /6NC-1()1 4. BCC Office Board of County QS\4c> , Commissioners VICj c- Zsk1 ;), 5. Minutes and Records Clerk of Court's Office ,-pr ' fj PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff iL„ i-v —,1,..� Phone Number Contact/ Department �y, /"(�., r n,<.} ( , r of w- 2 j 2.5) - l-t 3 t Agenda Date Item was Agenda Item Number Approved by the BCC r .2J-1 .2,L.)1S-- I A Type of Document Number of Original Attached O t'� ,:h Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? Ai 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain - ,F time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on I-4-14 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. .11 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for Chairman's signature. 1.Forms/County Forms/BCC Forms/Original Documents Routing Slip wWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17A ORDINANCE NO. 18 - 1 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE RUSHTON POINTE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 229 RESIDENTIAL DWELLING UNITS ON PROPERTY 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, CONSISTING OF 38.1±ACRES. [PL201500003061 WHEREAS, Michael R. Fernandez, AICP, of Planning Development, Inc., representing Ali R. Ghahramani, M.D. Investment Limited Partnership, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) for a project to be known as the Rushton Pointe RPUD, to allow construction of a maximum of 229 residential dwelling units, [17-CPS-01665/1394733/1]175 3/20/18 PUDZ-PL20150000306/Rushton Pointe RPUD Page 1 CA 1 7 A in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 04-1:1-iday of A f r. , 2018. ATTEST: BOARD OF C• . TY COMMI ONERS DWIGHT E. BROCK, CLERK COLLIER 'i FLOR : j • 6Atip By: lir l /1110By: A Attest as to Chairman's 1) ' l ,` A DY SOLIS, Chairman signature only-'-" -. � Approved as to form and legality: la4c.()% Scott A. Stone Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C-1: Master Concept Plan Exhibit C-2: Typical Road Section Exhibit C-3: Typical Road Section(T-Turnaround) Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments This ordinance film wit)i t►",e Secretory of Sat 't eakttoy of 11).241.$.--- and acknow-edcaement of t`ta3 filing received this � day of [17-CPS-01665/1394733/11175 3/20/18 t yf� Deo, rk PUDZ-PL20150000306/Rushton Pointe RPUD Page 2 /, 17A EXHIBIT A General and Permitted Uses PERMITTED USES: The maximum number of dwelling units shall be 229. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. GENERAL PERMITTED USES AND STRUCTURES. A. Certain uses shall be considered general permitted uses and structures throughout the Rushton Pointe RPUD except in the preserve areas. General permitted uses and structures are those uses, which generally serve the developer and residents of the Rushton Pointe RPUD and are typically part of the common infrastructure or are considered community amenities. 1. Water management facilities and related structures. 2. Common recreation amenities which may include a clubhouse. Should these uses be located adjacent to external properties, a 15' type B buffer with a 6' wall shall be provided between the amenity center tract and the external property. 3. Guardhouses, gatehouses, and access control structures subject to applicable LDC development standards. 4. Maintenance building or structure. 5. Temporary construction, models, sales, and administrative offices subject to a temporary use permit. 6. Any other principal use which is compatible in nature with the foregoing list of permitted uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner by the process outlined in the Land Development Code. Rushton Pointe RPUD— PL2015 000 0306 Document Date: January 24, 2018/Revised March 20, 2018 Page 1 of 11 1 7 A 2. RESIDENTIAL SUBDISTRICT, Tract "R" A. Principal Uses: 1. Single-family detached dwellings; 2. Single-family attached dwellings; 3. Two-family and zero lot line; 4. Townhouse; 5. Multi-family; 6. Any other principal use which is compatible in nature with the foregoing list of permitted uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner by the process outlined in the Land Development Code. B. Accessory Uses: Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreation facilities, such as swimming pools and screen enclosures. 1. Any other accessory use which is compatible in nature with the foregoing list of permitted uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner by the process outlined in the Land Development Code. 3. PRESERVE SUBDISTRICT; Tract "P". The LDC requires and the Rushton Pointe RPUD provides preservation of a minimum of 25% of 11.26 acres of existing native habitat, which is 2.81 acres. The preserve shall be located at the westernmost end of the parcel where it links to offsite preserves and provides an enhanced buffer to the abutting residential community, as depicted on the RPUD Master Concept Plan Exhibit C-1. Permitted uses and structures within the on-site preserve shall be governed by LDC Section 3.05.07, as may be amended. Preserve includes approximately 0.16 acres of created preserve. Rushton Pointe RPUD—PL2015 000 0306 Document Date: January 24, 2018/Revised March 20, 2018 Page 2 of 11 1 7 A 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 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) Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/ Revised March 20, 2018 Page 3 of 11 1 7 A 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. Rushton Pointe RPUD— PL2015 000 0306 Document Date: January 24, 2018/Revised March 20, 2018 Page 4 of 11 1 7 A . o • Z M /n` m N d 8 mOW < W w 6 �� f-zceoz M Z b AE pN � ZO W J, aWZ'jdN m oa __I `,-1-- I- m ZZm /� mom � I..L > Z ,QWVww r-1Y HZX,, - w§. NOw pO pa.Nz F- oaN w< ZW NJOh.-.. F- nLL U F.ZW Z .-8 8 N ti w Z C 2 . OO icaavnanoe'8311100 NHQZ 0I 5(7 Z z U2 et CC z W _ -- Moa adoa ALAI/103Z N IQ 5`� -_- Q52 W , L9 J O H 8 hUH gill Q W ° o 2 pN wWW W O LL^ >..p F N> i W W Z LL = LLII LL I Z W ao m WEST —.111..ng, mi1w11,11wmul1065mmmuumu11.11.n� �J. .J LL,a m . Z awal IkH W « �., W z,..� ��, N omo. U 7t-c .9(3 W oo JN X wLLiK2 Wz ywoo I N= e 4 573x3Ca --�_ a 1- I LL,,O -o X W . . Z Flaw Wc N=j $ d G XI-7O' Z- d . . °A W uja� Q Wo z I - d s.a Z J 1' u r O ; D z z w J 060.0 E G - o u ° ON z W 1 8 d d V is o� a d Q E N m \\\\� O 7 CeW W o ° t n m 1% £ n '$ ijp \:, Q Ph: lw y • m o! IEI W \J C 1E 5'• ; _ P: EI` 2N Zwol=- w I--w ° �i d • d = 1 o lE c E >-U-1`-0 C) Q N~ gl. fl g 3 w n m1c _a E Jz J3 Q Q N ZZ :E E 3 d, d d o • J N a• Z Q W .J m' t• « d « i /131.•'10-..2, 15 d t o E f g �LLNLL C ce 1 13 a A 3 m HP J z ' ',0 w a N Ii 0 ayy >itrl 1-. O ..MWOW LL d~ •,z Z2ZZ d °- Q Z ONk ee a o.% ,.. a ; v - Lu01- �l p U W l-Ip _ w �x z o. Ela w�Z W O W Z acoCL m L.' d_E m El. D• >2 J 4 Q >04w - I N ° o:E - • E o Wp0 2 a za 5 i c% A a u a °.�a W O~W W °Ca. jal m Xl a. m m '.g ro �o n«a LL LL Z W z Q ;8.f.„ X e 6 0 t d 3 E , u I 7 OW 0 yi OLLO z c �o E ao d 1 w• LLF \� JON '� ' °£ N 3 U O m W d e N Ngs▪ , 'o m 5 1.0* , EN Q O m .3 ro ,ri „ d ' 1 44• LLN Q. Z (n N d I d I-52 g'.O g. J s 2 � 1d �1 D/ R ' r IIIIII111111'(M1 1 111111 11 11 1111 it 11 11 11 1111' Q Y O1R -ON 6 o AI . 1 LL .a Eq N • o E „ EE °Uu.U rJ '' 1 m gLLz 1 ._ i a 5 N «vW A d na { arZl- W WF_ o LL j PI 'c :3 3 I.1°- N1 4 c v M 5 N V O N E N O 3 N pl"3LL Z°0(L) oo- A q WO _Qp > w :,699. 20p :t Iwt. o i wawa _ ... LL N~ . YG o• 41 V V W a 07) L 212 « 1 .- 711IlN3GIS32 ,7IWb3 � O o¢ ! a z 2 z 212 2i2 a Rushton Pointe RPUD- PL 2015 000 0306 Document Date: January 24, 2018/Revised March 20, 2018 Page 5 of 114113 1 7 A • COO _ u _ _._ _ CO L O i` c 0 000 -.. O _, O J N en Lid Q r o > w O I— z w 3 W <VI 0 .5 W 0 0 W Z W zx z U •� _ ( colv� 0 D1— b a z z w o O o w U q w0 wI- 2 < W (W Zn Z a 14 0 tlin <r Q b '''r; ® - s D 0 Q z tZ Z z Z O zw Q 0 w > 01 0CC X Zz o __. d ® 0- 1 < z I . _w §z ta, en .- ,.. fmo . %1 s •-: - ._ to • w [.0 a- �• — N Q O } C) W LL m :� U 0 W W _ _.___ W Z W 4 -1 Z CC E J 0 Lai 1 < < H < = W 0z * 0w Rushton Pointe RPUD- PL 2015 000 0306 Document Date: January 24, 2018/Revised March 20, 2018 -` Page 6 of 11 E. 17A 0 co W � I-- O -', 0 occ Z O T is 0 J n c3 LLJ H Q O J W a W h Z CC U O a _ E— a C T--<? E d'�` D J J Z z W # fC} ( = U, CC CC ,Y;›,..;:2- s'"--..I k z = �� Lu 0 ! ` N v z 0 LULU O (UVJ) ��W// L LU � s r— m LUU UO U 12Q LLI ww b n VJ Z I L U Z Z Z in 4111121 on <0 zQ Z g 1- .F1 cnCC § W z Q 0 .,--1 0 ..„ !' 1 guj < I l-b (r.._ 0 LLI NI U_ �CE 0 6J LL W cc w Cel 2 a- 0 z '`•. mZ W It Z : , \ ' (...) co o `''''\> < LIJ , J*1/y. m c r, ,% 0 CV F– /< I— < I W O * U) W Z Rushton Pointe RPUD- PL 2015 000 0306 Document Date: January 24, 2018/Revised March 20, 2018 Page 7 of 11 1 7 A EXHIBIT D LEGAL DESCRIPTION LEGAL DESCRIPTION OF 38.1 PARCEL TAKEN FROM BOUNDARY SURVEY DESCRIPTION: THE NORTH ONE-HALF (N 1/2) OF THE NORTH ONE-HALF (N 1/2) OF THE SOUTH ONE-HALF (S 1/2) OF THE SOUTHEAST ONE-QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE EAST 100 FEET FOR PURPOSES OF ROAD RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA. AND THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, LESS THE EAST 100 FEET THEREOF FOR ROAD RIGHT-OF- WAY PURPOSES. LESS THEREFROM THE FOLLOWING PARCEL AS DESCRIBED IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3888, PAGE 1639, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: A PORTION OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ALSO BEING A PORTION OF THOSE LANDS DESCRIBED IN O.R. BOOK 1422, PAGE 1906 OF THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT "D-1" AS SHOWN OF INDIGO LAKES UNIT ONE AS RECORDED IN PLAT BOOK 34, PAGES 76-84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 02°15'33" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951 (C.R. 951), FOR A DISTANCE OF 671.55 FEET, TO THE NORTHEAST CORNER OF TRACT "D" CAMDEN COVE AS RECORDED IN PLAT BOOK 39, PAGES 24-25, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89°55'47" WEST, ALONG THE NORTH LINE OF SAID TRACT "D", FOR A DISTANCE OF 60.05 FEET; THENCE NORTH 02°15'33" WEST, ALONG A LINE 60.00 FEET WESTERLY OF AND RUNNING PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951 (C.R. 951), FOR A DISTANCE OF 671.55 FEET, TO A POINT OF THE SOUTH LINE OF TRACT "D-1" AS SHOWN ON INDIGO LAKES UNIT ONE; THENCE SOUTH 89°56'00" EAST, ALONG SAID SOUTH LINE FOR A DISTANCE OF 60.05 FET TO THE POINT OF BEGINNING. Rushton Pointe RPUD—PL2015 000 0306 Document Date: January 24, 2018/ Revised March 20, 2018 Page 8 of 11 CNA 1 7 A EXHIBIT E LIST OF DEVIATIONS FROM LDC Deviation 1. From LDC Section 6.06.01.N, requiring a minimum right-of-way width of 60 feet for local private street rights-of-way, to allow for a minimum 42-foot right-of-way width internal to the proposed development, as noted on RPUD Master Plan Exhibit C-1 and depicted by Typical Road Section Exhibit C-2. Deviation 2. From LDC Section 6.06.01.J, which prohibits dead-end streets, to allow the two dead end streets of less than 100 linear feet, at locations depicted and noted on the RPUD Master Plan Exhibit C- 1 and as depicted on Typical Road Section /(T-Turnaround) Exhibit C-3. Deviation 3. From LDC Section 6.06.02.A.2, which requires sidewalks to be constructed on both sides of the street within public and private rights-of-way or easements internal to the site,to allow sidewalks to be constructed only on the north side of the private street located parallel to the property's southern property line, as depicted and noted on the RPUD Master Plan Exhibit C-1, where the internal road only supports residential on its north side. Deviation 4. From LDC Section 6.06.02.A.2 which requires sidewalks to be constructed on both sides of the street within public and private rights-of-way or easements internal to the site,to allow sidewalks to be constructed only on one side of each of the two dead end streets at locations depicted and noted on the RPUD Master Plan Exhibit C-1 and as depicted on Typical Road Section /(T- Turnaround) Exhibit C-3. Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/ Revised March 20, 2018 Page 9 of 11 1 7 A EXHIBIT F LIST OF DEVELOPER COMMITMENTS 1. PUD MONITORING: One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Ali R. Ghahramani, M.D. Investment Limited Partnership, 7223 Ayrshire Lane, Boca Raton, Florida, 33496. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts,the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed- out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 3. All other applicable state or federal permits must be obtained before commencement of the development. 4. Project shall not exceed 221 PM Peak Hour trips, as listed by the Traffic Impact Statement submitted with the application based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 5. The north and south RPUD property line buffers shall be enhanced to include the opaque hedge requirement of the LDC Type B buffer when a Type A buffer is required. 6. When applicable, LDC Section 4.06.05—General Landscaping required for residential developments; the required canopy trees of one per 3,000 sf of pervious open space per lot, shall be located within the individual lot's rear setback (abutting lakes, preserves or buffers) to avoid potential conflicts with utility infrastructure. 7. Community assembly and recreational facilities and their associated accessory uses such as parking, are prohibited within 125 feet of the Indigo Lakes PUD boundary. Rushton Pointe RPUD— PL2015 000 0306 Document Date: January 24, 2018/ Revised March 20, 2018 Page 10 of 11 i 7 A 8. When a parking lot accessory use is required by the LDC for a recreational amenity as an element of multi-family residential development,the parking lot pavement shall be concrete and be appropriate for a dual-purpose use (parking and recreational) and the parking lot shall incorporate at a minimum, a singular basketball hoop stand with backboard as an amenity. The commitment will only apply to the first SDP that includes such a recreational amenity. 9. The north property line buffer and the south property line buffers (and the preserve buffer hedge when required by this RPUD), shall be enhanced with a vinyl-covered five-foot high chain-link fence centered and placed in the shrub installation which meets the 80%opacity hedge standard of the Type B landscape buffer referenced in Developer Commitment 5 of this exhibit. 10. 30% of the north property line buffer canopy trees shall be substituted with a sabal palm grouping of three with each grouping including minimum clear trunk heights of 10-foot, 14-foot and 16-foot. One such grouping shall be located immediately south to each offsite Indigo Lakes residential lot where abutting a Rushton Pointe residential tract. 11. The north property line buffer hedge shall be comprised of a minimum of ten-gallon plants which are five-feet in height and three-feet in spread at installation and spaced a maximum of four feet on center. Alternating shrubs shall form two hedge lines; half the shrubs shall be installed on the south side and half on the north side of the fence required by #9 above. The plant material to be utilized shall be Cocoplum; unless the Indigo Lakes Master Association agrees and enters into a mutually acceptable agreement to maintain the hedge north of the fence, in which case the south side of the fence shall be planted with Cocoplum and the north side with Clusia; except that Cocoplum will be used on both sides of the fence when abutting or within 50 feet of an onsite or offsite preserve. 12. Three-tab asphalt roofing shingles are prohibited from being utilized within this RPUD. 13. This RPUD shall not be developed as a rental apartment community. Rushton Pointe RPUD—PL2015 000 0306 Document Date:January 24, 2018/ Revised March 20, 2018 Page 11 of 11 17A ao. ,,.._„„. - - \�tl --,, s% 41, p-,, k ,,,, x �4 Kf lRt ` J FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 26, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-17, which was filed in this office on April 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.il.us Ex parte Items - Commissioner Donna Fiala 1 7 A COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 10, 2018 SUMMARY AGENDA 17.A. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41,as amended,the Collier County Land Development Code,which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A)zoning district to a Residential Planned Unit Development(RPUD)zoning district for the project to be known as the Rushton Pointe RPUD,to allow construction of a maximum of 229 residential dwelling units on property 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,consisting of 38.1±acres. [PL 20150000306] NO DISCLOSURE FOR THIS ITEM SEE FILE [Meetings Correspondence ne-mails ['Calls 17.C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20170001644 to disclaim, renounce and vacate the County and the public interest in the roadway easement recorded in OR Book 2355, Page 2715 of the Public Records of Collier County, Florida.The subject property is located on the east side of County Barn Road, approximately one- quarter mile south of Davis Boulevard in Section 8,Township 50 South, Range 26 East, Collier County, Florida. NO DISCLOSURE FOR THIS ITEM SEE FILE ['Meetings ❑Correspondence ❑e-mails [Calls Ex parte Items - Commissioner Andy Solis 1 ? A COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 10, 2018 SUMMARY AGENDA 17.A. This item requires ex parte disclosure be provided by the Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41,as amended,the Collier County Land Development Code,which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A)zoning district to a Residential Planned Unit Development(RPUD)zoning district for the project to be known as the Rushton Pointe RPUD,to allow construction of a maximum of 229 residential dwelling units on property 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, consisting of 38.1±acres. [PL 20150000306] M NO DISCLOSURE FOR THIS ITEM _ SEE FILE Meetings (Correspondence I le-mails [ ICalls 17.C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20170001644 to disclaim, renounce and vacate the County and the public interest in the roadway easement recorded in OR Book 2355, Page 2715 of the Public Records of Collier County, Florida.The subject property is located on the east side of County Barn Road, approximately one-quarter mile south of Davis Boulevard in Section 8,Township 50 South, Range 26 East,Collier County, Florida. NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ®Correspondence ( Ie-mails Calls Letter from Brian Jones & Diane Scribner Clevenger, Unity Church, 5/8/17 174 Ex parte Items - Commissioner Burt L. Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 24, 2018 CONSENT AGENDA 16.A.6. This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Talis Park Golf Course Plat,Application Number PL20170004281. NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings nCorrespondence ne-mails (Calls 16.A.9. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 3, (Application Number PL20170004477)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. F1 NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings I 1Correspondence _e-mails Calls SUMMARY AGENDA 17.A. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41,as amended,the Collier County Land Development Code,which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural(A)zoning district to a Residential Planned Unit Development(RPUD)zoning district for the project to be known as the Rushton Pointe RPUD,to allow construction of a maximum of 229 residential dwelling units on property 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, consisting of 38.1±acres. [PL 20150000306] NO DISCLOSURE FOR THIS ITEM :moi SEE FILE I (Meetings Correspondence ®e-mails Calls Email from Michael Fernandez 17A Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 24, 2018 CONSENT AGENDA 16.A.6. This item requires that ex nartp dicrinc be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Talis Park Golf Course Plat,Application Number P120170004281. V NO DISCLOSURE FOR THIS ITEM SEE FILE I 'Meetings I )Correspondence I le-mails (Calls 16.A.9. This item requires that ex parte disclose be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 3, (Application Number P120170004477)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM I SEE FILE -Meetings [Correspondence He-mails [Calls SUMMARY AGENDA 17.A. be provided by the Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41,as amended,the Collier County Land Development Code,which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida,by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A)zoning district to a Residential Planned Unit Development(RPUD)zoning district for the project to be known as the Rushton Pointe RPUD,to allow construction of a maximum of 229 residential dwelling units on property 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, consisting of 38.1±acres. [PL 20150000306] NI NO DISCLOSURE FOR THIS ITEM SEE FILE nMeetings LCorrespondence ne-mails [Calls