HEX Final Decision 2019-12 HEX NO. 2019— 12
HEARING EXAMINER DECISION
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.
DATE OF HEARING: March 14, 2019
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant, and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections
10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition
should be approved.
ANALYSIS:
No objections have been received for this application.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20180003338, filed by Daniel
DeLisi, AICP, of DeLisi, Inc. representing D.R. Horton, Inc. and Ali R. Grahramani, MD
Investment, LP, with respect to the property as described in the Rushton Pointe RPUD,
Ordinance No. 18-17, for an insubstantial change to reduce the minimum lot width for
townhouse units from 30 feet to 20 feet, as described in the Rushton Pointe RPUD amendment
attached as Exhibit"A", and as subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—RPUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 18-17, the Rushton Pointe RPUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. This change in lot width applies only to the townhouse product.
[18-CPS-01833/1465969/1]20 1 of 2
DISCLAIMER:
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.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
3 -20- (
Date Mar Strain, -aring Examiner
Approv d as to fi and legality:
n
Scott A. Stone
Assistant County Attorney
[18-CPS-01833/1465969/1120 2 of 2
Exhibit "A" to HEX No. 2019-12
Pagel of2
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 L6) 40 Ft 100 Ft 100 Ft
MINIMUM FLOOR AREA 1000 SF 1000 SF 1000 SF 1000 SF 700 Ft
MIN. FRONT YARD 23 Ft (1) 23 Ft(1) 23 Ft(1) 23 Ft(1) 23 Ft
MIN. SIDE YARD 5 Ft 0 OR 5 Ft(2) 0 OR 5 Ft(2) 0 OR 15 Ft 20 Ft
MIN. REAR YARD 10 Ft 10 Ft 10 Ft 10 Ft 15 Ft
MIN. PRESERVE SETBACK 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft
MIN. DISTANCE BETWEEN 10 Ft 10 Ft 10 Ft 20 Ft 10 Ft
STRUCTURES BETWEEN BLDGS BETWEEN BLDGS BETWEEN BLDGS
MAX. BUILDING HEIGHT 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft
(ZONED)
MAX. NUMBER OF 2 2 2 2 2
STORIES(s)
MAX. BUILDING HEIGHT 40 Ft 40 Ft 40 Ft 40 Ft 40 Ft
(ACTUAL)
ACCESSORY STRUCTURES
FRONT SPS SPS SPS SPS SPS
SIDE SPS SPS SPS SPS SPS
REAR 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft
PRESERVE SETBACK 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft
MAX. HEIGHT 40 Ft SPS SPS SPS SPS
ZONED&ACTUAL
SPS= SAME AS PRINCIPAL STRUCTURE
(continued on next page)
Words struck through are deleted; words underlined are added.
Exhibit "A" to HEX No. 2019-12
Page 2 of 2
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.