HEX Agenda 03/14/2019
AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, MARCH 14, 2019 IN CONFERENCE
ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION
BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY
THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC
MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL
SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED
DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE
RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE
BOARD OF COUNTY COMMISSIONERS.
HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT,
PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING
EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A
COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME,
ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS
WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL
ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. ADVERTISED PUBLIC HEARINGS:
NOTE: This item has been continued from the February 14, 2019 HEX Meeting and the
February 28, 2019 HEX Meeting.
A. PETITION NO. BDE-PL20180001709 – Carla Teresa Markey requests a 43-foot boat dock
extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land
Development Code for a total protrusion of 63 feet to modify the existing docking facility to add
decking and a poly float to accommodate one vessel and one kayak or small boat for the benefit of
Lot 24, Block F of the Collier’s Reserve subdivision plat, also described as 933 Barcarmil Way, in
Section 22, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: James
Sabo, AICP, Principal Planner]
B. PETITION NO. PDI-PL20180003338 – D.R. Horton, Inc. requests an insubstantial change to
Ordinance Number 18-17, as amended, the Rushton Pointe RPUD, to reduce the minimum lot
width for townhouse units from 30 feet to 20 feet. The subject property is located on the west side
of Collier Boulevard, approximately two thirds of a mile south of Immokalee Road, in Section 27,
Township 48 South, Range 26 East, Collier County, Florida, consisting of 38.1± acres.
[Coordinator: Tim Finn, AICP, Principal Planner]
4. OTHER BUSINESS
5. PUBLIC COMMENTS
6. ADJOURN
AGENDA ITEM 3-A
This item was continued from the February 14, 2019 HEX meeting and the
February 28, 2019 HEX Meeting.
The packet materials were submitted at the February 14, 2019 HEX meeting.
The attached is a supplement to the packet materials.
PETITION NO. BDE-PL20180001709 — Carla Teresa Markey requests a 43 -
foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of
the Collier County Land Development Code for a total protrusion of 63 feet
to modify the existing docking facility to add decking and a poly float to
accommodate one vessel and one kayak or small boat for the benefit of Lot 24,
Block F of the Collier's Reserve subdivision plat, also described as 933
Barcarmil Way, in Section 22, Township 48 South, Range 25 East, Collier
County, Florida. [Coordinator: James Sabo, AICP, Principal Planner]
COLLIER'S RESERVE XSS0CIXrrj-0X
11711 Collier's Reserve Drive- Naples, FL 34110
Tel: 239.254.0862 - Fax: 239.254.7784
WWW.COLLIERSRESERVEHOA.COM -
MANAGER®COLL IERSRESERVEHOA COM
February 18, 2019
To Whom It May Concern;
Re: 933 Barcarmll Way Boat Dock
The Colliers Reserve Homeowners Association and the Colliers Reserve Country Club are aware of the
Previously permitted and installed boat dock located at 933 Barearmil Way that was approved by Collier
County Permit NO. 96-2145 on 2-28-1996
Colliers Reserve Homeowners Association and the Colliers Reserve Country Club both provided authorization
for the installation of the dock as detailed in the Petition NO. BDE-PL20180001709
Authorizers for approval;
Stan Lukowski Stephen Guillard
Vice President, Homeowners Association President, Colliers Reserve Country Club
Rushton Pointe PDI (Meadowoods)
Table of Contents
1. PDI Application Form
2. Property Ownership Disclosure Form
3. Property Deeds
4. Addressing Checklist
5. Authorization Forms
6. Master Concept Plan
7. Legal Description
8. Townhouse Detail
9. Exhibit B – Development Standards
10. PDI Narrative/Justification
11. Survey
12. Notice Sign Picture and Affidavit
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 1 of 4
INSUBSTANTIAL CHANGE TO A PUD (PDI)
LDC subsection 10.02.13 E & Code of Laws section 2-83 – 2-90
Ch. 3 G.3 of the Administrative Code
Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is
not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD
ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the
review and approval of the Hearing Examiner. The Hearing Examiner’s approval shall be based
on the findings and criteria used for the original application .
PETITION NO
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): ______________________________________________________
Name of Applicant if different than owner: __________________________________________
Address: __________________________City: _____________ State: _______ ZIP: __________
Telephone: ____________________ Cell: ____________________ Fax: ___________________
E-Mail Address: ________________________________________________________________
Name of Agent: ________________________________________________________________
Firm: _________________________________________________________________________
Address: ______________________City: _______________ State: _________ ZIP: __________
Telephone: _____________________ Cell: _____________________ Fax: _________________
E-Mail Address: ________________________________________________________________
DETAIL OF REQUEST
On a separate sheet, attached to the application, describe the insubstantial change request.
Identify how the request does not meet the PUD substantial change criteria established in LDC
subsection 10.02.13 E.1.
To be completed by staff
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 2 of 4
PROPERTY INFORMATION
PUD NAME: _______________________ ORDINANCE NUMBER: ________________________
FOLIO NUMBER(S): _____________________________________________________________
Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be
graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a
legal description for subject portion.
Attach on a separate sheet, a written description of the map or text change.
Does amendment comply with the Growth Management Plan? Yes No
If no, please explain: _______________________________________________________
Has a public hearing been held on this property within the last year? Yes No
If yes, in whose name? _____________________________________________________
Has any portion of the PUD been SOLD and/or DEVELOPED?
Are any changes proposed for the area sold and/or developed? Yes No
If yes, please describe on an attached separate sheet.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 3 of 4
Pre-Application Meeting and Final Submittal Requirement Checklist for:
PUD Insubstantial Change
Chapter 3 G.3 of the Administrative Code
The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at
time of application submittal. At final submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Pre-Application Meeting notes 1
Project Narrative, including a detailed description of proposed changes
and why amendment is necessary 1
Detail of request 1
Current Master Plan & 1 Reduced Copy 1
Revised Master Plan & 1 Reduced Copy 1
Revised Text and any exhibits
PUD document with changes crossed through & underlined
PUD document as revised with amended Title Page with Ordinance #
Warranty Deed
Legal Description 1
Boundary survey, if boundary of original PUD is amended
If PUD is platted, include plat book pages
List identifying Owner & all parties of corporation 1
Affidavit of Authorization, signed & notarized 1
Completed Addressing Checklist 1
Property Ownership Disclosure Form 1
Copy of 8 ½ in. x 11 in. graphic location map of site 1
Electronic copy of all documents and plans
*Please advise: The Office of the Hearing Examiner requires all materials
to be submitted electronically in PDF format.
*If located in Immokalee or seeking affordable housing, include an additional set of each submittal
requirement.
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
• Following the completion of the review process by County Review staff, the applicant shall submit
all materials electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division
at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by
Addressing personnel prior to pre-application meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
BL (Blasting Permit)
BD (Boat Dock Extension)
Carnival/Circus Permit
CU (Conditional Use)
EXP (Excavation Permit)
FP (Final Plat
LLA (Lot Line Adjustment)
PNC (Project Name Change)
PPL (Plans & Plat Review)
PSP (Preliminary Subdivision Plat)
PUD Rezone
RZ (Standard Rezone)
SDP (Site Development Plan)
SDPA (SDP Amendment)
SDPI (Insubstantial Change to SDP)
SIP (Site Im provement Plan)
SIPI (Insubstantial Change to SIP)
SNR (Street Name Change)
SNC (Street Name Change – Unplatted)
TDR (Transfer of Development Rights)
VA (Variance)
VRP (Vegetation Removal Permit)
VRSFP (Vegetation Removal & Site Fill Permit)
OTHER
LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached)
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
PROPOSED PROJECT NAME (if applicable)
SDP - or AR or PL #
SURVEY (copy - needed only for unplatted properties)
CURRENT PROJECT NAME (if applicable)
Rev. 6/9/2017 Page 1 of 2
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Division.
FOR STAFF USE ONLY
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
Rev. 6/9/2017 Page 2 of 2
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Document Date: January 24, 2018/Revised March 20, 2018
Page 7 of 11
[][y][LEGAL 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 FORPURPOSED OF ROAD RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA.ANDTHE 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 ROADRIGHT-OF-WAY PURPOSES.LESS THEREFROM THE FOLLOWING PARCEL AS DESCRIBED IN THE ORDER OD 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 COLLIERCOUNTY, FLORIDA, BEING MORE PARTICULAR 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH02°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 THE 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, ALONGA 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" ASSHOWN ON INDIGO LAKES UNIT ONE; THENCE SOUTH 89°56'00" EAST, ALONG SAID SOUTH LINE FOR A DISTANCE OF 60.05 FEET TO THE POINT OF BEGINNING.
FIRST FLOOR
FRONT ELEVATION
20'20'20'20'20'20'54.3'5'59.3'120'
UNIT #1
(2,183± SF
UNDER AIR)
NOTE:
THE DIMENSIONS AND BUILDING SQUARE FOOTAGE PROVIDED IS A
TYPICAL TO ILLUSTRATE THE PRODUCT TYPE PROPOSED.
MODIFICATIONS TO THE DIMENSIONS MAY RESULT DUE TO
ARCHITECTURAL CHANGES DURING THE FINAL DESIGN AND PERMITTING.REAR SETBACK10' (REQD)15' (PROV)SIDE SETBACK
0' OR 5' (REQD)
5' (PROV)
23' MIN SETBACK FRONT LOAD
GARAGE TO SIDEWALK REQUIRED
24' REQUIRED
50' PRIVATE R.O.W.20' PAVEMENT5' CONCRETE
SIDEWALK
5' CONCRETE
SIDEWALK 10'P.U.E.10'P.U.E.UNIT #2
(2,142± SF
UNDER AIR)
UNIT #3
(2,142± SF
UNDER AIR)
UNIT #4
(2,142± SF
UNDER AIR)
UNIT #5
(2,142± SF
UNDER AIR)
UNIT #6
(2,183± SF
UNDER AIR)
UNIT #1
(2,183± SF
UNDER AIR)
UNIT #2
(2,142± SF
UNDER AIR)
UNIT #3
(2,142± SF
UNDER AIR)
UNIT #4
(2,142± SF
UNDER AIR)
UNIT #5
(2,142± SF
UNDER AIR)
UNIT #6
(2,183± SF
UNDER AIR)
TRACT LINE
(TYP)LOT LINE
(TYP)
SIDE SETBACK
0' OR 5' (REQD)
5' (PROV)
REVISIONS:
No: Revision:Date:
CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE ·
ENVIRONMENTAL CONSULTING · LAND PLANNING ·
SITE PLANNING · CONSTRUCTION MANAGEMENT ·
OWNER REPRESENTATIVE
PROJECT:
TITLE:
OWNER/CLIENT/CONSULTANT:
Sheet Number:of
File Number:
Project Number:
Vertical Scale:
Horizontal Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:[Save Date: 11/20/2018 10:49:53 AM] [By: AAvila] [Plot Date: 11/20/2018 10:50:03 AM] [By: Alejandro Avila] [Original Size: 11x17] [Path: P:\Active_Projects\P-DRHT-002\001_Rushton_Point\Drawings-Civil\Exhibits\X07-Typical_Townhome_Dimentions\P-DRHT-002-001-X07.dwg]NOTES:
City:County:
2600 Golden Gate Parkway
Naples, Florida 34105
Phone: 239.403.6700 Fax: 239.261.1797
Email: info@pen-eng.com Website: www.pen-eng.com
Florida Certificate of Authorization #28275
RUSHTON
POINTE
TYPICAL
TOWNHOME
DIMENSIONS
D.R. HORTON, INC.
27 48S 26E
NAPLES COLLIER
ALEJANDRO AVILA
ALEJANDRO AVILA
NOVEMBER 2018
1" = 20'
N.T.S.
P-DRHT-002-001
P-DRHT-002-001-X07
C-X07
01 01
Words struck through are deleted; words underlined are added.
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
STANDARDS
SINGLE
FAMILY
DETACHED
SINGLE FAMILY
ATTACHED &
TOWNHOUSE
TWO-FAMILY
&
ZERO LOT LINE
MULTI-FAMILY CLUBHOUSE/
RECREATIONAL/
MAINTENANCE
BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 4000 SF 1,800 SF
PER UNIT
1,800 SF
PER UNIT
10,000 SF 10,000 SF
MINIMUM LOT WIDTH 40 Ft 30 Ft (6) 40 Ft 100 Ft 100 Ft
MINIMUM FLOOR AREA 1000 SF 1000 SF 1000 SF 1000 SF 700 Ft
MIN. FRONT YARD 23 Ft (1) 23 Ft (1) 23 Ft (1) 23 Ft (1) 23 Ft
MIN. SIDE YARD 5 Ft 0 OR 5 Ft (2) 0 OR 5 Ft (2) 0 OR 15 Ft 20 Ft
MIN. REAR YARD 10 Ft 10 Ft 10 Ft 10 Ft 15 Ft
MIN. PRESERVE SETBACK 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft
MIN. DISTANCE BETWEEN
STRUCTURES
10 Ft 10 Ft
BETWEEN BLDGS
10 Ft
BETWEEN BLDGS
20 Ft
BETWEEN BLDGS
10 Ft
MAX. BUILDING HEIGHT
(ZONED)
30 Ft 30 Ft 30 Ft 30 Ft 30 Ft
MAX. NUMBER OF
STORIES(s)
2 2 2 2 2
MAX. BUILDING HEIGHT
(ACTUAL)
40 Ft 40 Ft 40 Ft 40 Ft 40 Ft
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
ZONED & ACTUAL
40 Ft SPS SPS SPS SPS
SPS= SAME AS PRINCIPAL STRUCTURE
(continued on next page)
GENERAL: Except as provided herein, all criteria set forth below shall be understood to be in relation to individual parcel or boundary
lines, or between structures.
Footnotes:
(1) The 23-foot setback shall apply to any front entry garage and shall be measured from the adjacent sidewalk. All other front
yard setbacks shall be as follows:
Where side entry garages are provided, the driveway shall be designed in such a manner that a parked vehicle shall
not conflict with the sidewalk; however, in no case shall the front setback for the side entry garage be less than 10
feet.
All other portions of the principal structure except as noted later in this paragraph, whether designed with a front
entry or side entry garage, shall be set back a minimum of 20 feet from the front yard property line, except where
a lot is located at the intersection of two streets, in which case the front yard setback set forth herein shall only
apply to the street on which the driveway is located, and the other setback abutting the right-of-way shall be a
minimum of 10 feet from the front yard property line. The setback for porches, entry features and roofed courtyard
elements shall be a minimum of 15 feet; except that it shall be a minimum of 5 feet on corner lots for the yard
which does not contain a driveway vehicle access.
Any structures, including overhangs, shall not encroach into a PUE or CUE.
(2) 5-foot minimum setback for single-family attached, townhouse, two-family and zero lot line must be accompanied
by another 5-foot side setback on adjoining lot to achieve minimum 10-foot separation.
(3) All landscape buffer easements and/or lake maintenance easements shall be located within open space or lake tracts, and not
within a residential lot.
(4) A CUE, if needed along the South perimeter as depicted on RPUD Master Plan Exhibit C-2, shall be located outside the landscape
buffer width so as not to conflict with the required buffer plantings.
(5) There shall be no parking level below habitable floors.
(6) The minimum lot width for Townhouse units is 20 Ft.
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MEADOWOOD (A.K.ARUSHTON POINTE)
INSUBSTANTIAL CHANGE TO THE PUD(PDI)
The proposed Insubstantial change to the RPUD adopted in Ordinance 18-17 is to amend the
development regulations for the townhouse use, as set forth in Exhibit B, to allow for a
minimum lot width of 20 feet, rather than 30 feet. The remainder of the development
parameters approved in Ordinance 18-17 remain the same, including total density, open
space, the master concept plan and the uses approved. The proposed change can be reviewed
as an “Insubstantial Change” as described in the criteria set forth in 10.02.13 E.1.
a. A proposed change in the boundary of the PUD;
The proposed change does not alter the boundary of the PUD.
b. A proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development;
The change to building width for townhouse units will not change the total number
of units permitted. The number of units will not exceed 229 in accordance with the
approved PUD.
c. A proposed decrease in preservation, conservation, recreation or open space
areas within the development not to exceed 5 percent of the total acreage
previously designated as such, or 5 acres in area;
The Master Concept plan and all other parameters of development required in
Ordinance 18-17 remain the same. There are no changes to open space being
requested.
d. A proposed increase in the size of areas used for nonresidential uses, to include
institutional, commercial and industrial land uses (excluding preservation,
conservation or open spaces ), or a proposed relocation of nonresidential land
uses;
There are no changes being requested for non-residential uses.
e. A substantial increase in the impacts of the development which may include, but
are not limited to, increases in traffic generation; changes in traffic circulation; or
impacts on other public facilities;
With no change in density or intensity, there is no impact on traffic or other public
services.
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f. A change that will result in land use activities that generate a higher level of
vehicular traffic based upon the Trip Generation Manual published by the
Institute of Transportation Engineers;
With no change in density or intensity, there is no impact on traffic or other public
services.
g. A change that will result in a requirement for increased stormwater retention, or
will otherwise increase stormwater discharges;
The development foot print will remain the same as was approved in the PUD,
including the stormwater lake shown on the Master Concept Plan. The proposed
change will not increase the areas needed for stormwater management.
h.A change that will bring about a relationship to an abutting land use that would
be incompatible with an adjacent land use;
The proposed change will have no impact on surrounding uses. The PUD setbacks
and buffer areas remain unchanged.
i.Any modification to the PUD master plan or PUD document or amendment to a
PUD ordinance which is inconsistent with the Future Land Use Element or other
element of the Growth Management Plan or which modification would increase
the density or intensity of the permitted land uses;
The proposed change has no impact to the Master Concept Plan or the density
permitted under PUD Ordinance 187-17. The proposed PUD remains consistent with
the Growth Management Plan the Future Land Use Element.
j.The proposed change is to a PUD district designated as a development of
regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change
requires a determination and public hearing by Collier County pursuant to F.S. §
380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any
changes to a DRI/PUD master plan that clearly do not create a substantial
deviation shall be reviewed and approved by Collier County under this LDC
section 10.02.13; or
The Rushton Point RPUD is not a DRI.
k. Any modification in the PUD master plan or PUD document or amendment to a
PUD ordinance which impact(s) any consideration deemed to be a substantial
modification as described under this LDC section 10.02.13.
The proposed change to lot widths of the Townhouse units has no impact on any of the
criteria for a substantial change under LDC Section 10.02.13
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The Rushton Pointe RPUD was adopted on April 24th, 2018, less than seven months ago.
Through the PUD process, the Board of County Commissioners made several determinations,
none of which are altered by the proposed Insubstantial change to the PUD. Since the density
and development design remain the same, the proposed PDI remains consistent with the
comprehensive plan. Similarly, the proposed change has no additional impact on public
services or impacts on surrounding uses. The proposed change allows for a slightly more
compact development form. The narrower width units will increase the separation between
buildings. Specifically, the proposed change to the RPUD does not change the Commission’s
findings of compliance with the review criteria in LDC Section 10.02.08 and 10.02.13-B.5
(summarized below).
a.Suitability of the property for the proposed use
The proposed lot width change has no impact on the suitability of the subject property
for development. The property is surrounded by residential development to both the
north and south, PUD setbacks and buffer areas remain the same.
b.Unified control
The subject property remains under unified control.
c.Conformity with the Growth Management Plan
The subject property is in the Urban Residential future land use category and is being
development at the density approved in PUD Ordinance 18-17. The proposed
Insubstantial change will not increase density or intensity of development. The property
remains consistent with the Growth Management Plan.
d.Internal and external compatibility
The proposed change has no impact on external compatibility. Internal compatibility
will be improved by creating slightly greater building separation between townhome
units.
e.The adequacy of usable open space
Usable open space is not changed from the approved RPUD.
f.Adequacy of available public service
Development density is not being changed by the proposed PDI. Public services were
found to be available to meet the needs of the approved development. The proposed
amendment has no increased impact on availability of public services.
g.The ability of the subject property and of surrounding areas to accommodate
expansion
No changes are being proposed for the Master Concept Plan approved in Exhibit B of the
PUD ordinance. The site and project layout remain the same.
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h.Conformity with PUD regulations
The proposed change has no impact on any other regulation in the land development
code. There are no changes being requested to the approved deviations.
Conclusion
In review of the standards for approval for PUD Ordinance 18-17 and the requested change,
the decrease on lot width for the approved Townhouse units in Exhibit B has no impact on
the findings and criteria used for the original application.