Ordinance 93-31 ORDINANCE 93- 31
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS MAP(S) NUMBERED 0501S, 0606N AND
0606S BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM "RMF-6" AND "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
"FOXFIRE", FOR PROPERTY LOCATED BETWEEN
RADIO ROAD (CR-856) AND DAVIS BOULEVARD
(CR-83) APPROXIMATELY ONE MILE EAST OF
AIRPORT-PULLING ROAD (CR-31),IN
SECTION 1, RANGE 25 EAST AND SECTION 6,
RANGE 26 EAST, BOTH IN TOWNSHIP 50
SOUTH, COLLIER COUNTY, FLORIDA,
CONSISTING OF 385 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 81-68, AS
AMENDED, THE FORMER "FOXFIRE" PUD; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Timothy L. Hancock of Wilson, Miller, Barton,
~.~ Sell & Peek, Inc., representing the Foxfire Community
Associations of Collier County, Inc., 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
~.~':' COM)iISSIONERS OF COLLIER COUNTY, FLORIDA;
The Zoning Classification of the herein described real
property located in Section 1, Range 25 East and Section 6,
Range 26 East, both in Township 50 South, Collier County,
Florida, is changed from "RMF-6" and "PUD" to "PUD" Planned
Unit Development in accordance with the PUD Document,
attached hereto as Exhibit "A" which is incorporated herein
and by reference made part hereof. The Official Zoning Atlas
Map(s) Numbered 0501S, 0606N and 0606S, as described in
Ordinance Number 91-102, the Collier County Land Development
Code, are hereby amended accordingly.
'88
Ordinance Number 81-68, as amended, known as the
#Foxfire" PUD, adopted on November 10, 1981, by the Board of
County Commissioners of Collier County is hereby repealed in
its entirety.
¥:.c This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
~.~ been filed with the Secretary of State.
7, PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this J~ day of
. , 1993.
~'. ' A,,%EST:-.'.:'.' '~,,,' BOARD OF COUNTY COMMISSIONERS
-,' ~'i~h'T Ei.",,B~O~.K, CLERK COLLIER COUNTY, FLORIDA
,~'./¢-. 2%.~ ,,. . :' ~I BURT L. SAUNDERS, CHAIRMAN
~v' ~gvm,.~;,?o Fo~ AND
~.t.v'/ LEGAL SUFFICIENCY
., ' Secretary of ~,tate's Office tho
'"' MARJ~E M. ' STUDENT and acknow'~'edgement..o~ that
ASSISTANT COUNTY ATTORNEY filin..q received this ~ day
[' ?'~ · PUD-9 3-5
FOXF I RE
PLANNED UNIT DEVELOPMENT
BY
U.S. HOME CORPORATION
6314 WHISKEY CREEK DRIVE
SUITE D
FORT MYERS, FLORIDA 33907
PREPARED FOR
FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC.
1030 Kings Way
Naples, Florida 33942
DATE REVIEWED BY CCPC May 20, 1~3
DATE APPROVED BY BCC June 8, 1993
~ ORIGINAL ORDINANCE_ #8~-68
ORDINANCE NUMBER 93-31
FOXFIRE PUD
STATEMENT OF COMPLIANCE
The development of approximately 384.21 acres of property in
Collier County, as a Planned Unit Development known as Foxfire, is
in compliance with the goals, objectives and policies of Collier
County as set forth in the Growth Management Plan. The residential,
recreational, and other development authorized herein will be
consistent with the growth policies, land development regulations
and applicable comprehensive planning objectives of each of the
elements of the Growth Management Plan in effect at the'time of
approval by the Collier County Board of County Commissioners for
the following reasons: ~
Residential Proj¢~
1. The subject property is within the Urban Residential land use
designation as identified on the Future Land Use Map as
required in Objective l, Policy 5.1 and Policy 5.3 of the
Future Land Use Development.
2. The subject property's location in relation to existing or
proposed community facilities and services permits the
development's residential density as required in Objective 2
of the Future Land Use element.
3. The project development is compatible and complementary to
existing and future surrounding land uses as required in
Policy 5 4 of the Future Land Use Element.
4. Future improvements are planned to be in compliance with all
current and applicable land development regulations as set
forth in the Growth Management Plan and amendments thereto.
5. The project development results in an efficient and economical
extension of community facilities and services as required in
Policies 3.1H and L of the Future Land U~e Element.
6. The project development incorporate a natural system for water
management in accordance with their natural functions and
capabilities as required by Objective 1.5 of the Drainage Sub-
Element of the Public Facilities Element.
7. The maximum density is less than 2.44 dwellin~ units per acre
and is in compliance with the Future Land Use Element of the
Growth Management Plan.
8. The project includes extensive open space in the form of a
golf course and incorporates natural features to provide a
high quality of life for its residents.
SHORT TITb~
This Ordinance shall be known and cited as the Foxfire Planned
Unit Development Ordinance.
i
INDEX
~'~ ' I PAGE
SECTION I - PROPERTY OWNERSHIP & DESCRIPTION 1 thru 2
SECTION II - PROJECT DEVELOPMENT 2 thru 2
SECTION III - TRACT A: LOW DENSITY SINGLE FAMILY 3 thru 3
RESIDENTIAL DEVELOPMENT
:.SECTION IV - TRACTS B: LOW DENSITY 4 thru 2
MULTI-FAMILY
RESIDENTIAL DEVELOPMENT
SECTION V - TRACT C: LOW DENSITY 5 thru 2
RESIDENTIAL DEVELOPMENT
SECTION VI - TRACT D: MASTER WASTE WATER PUMP STATION
6 thru 4
SECTION VII - TRACT E & F: COMMONS AREA/GOLF COURSE 7 thru 4
SECTION VIII - DEVELOPMENT STANDARDS 8 thru 9
EXHIBIT "A": PUD MASTER DEVELOPMENT PLAN
., EXHIBIT "B": LOCATION MAP
' EXHIBIT "C": LOTS SUBJECT TO SECTION i3.5 OF THIS DOCUMENT;
SPECIAL USE
EXHIBIT "D": PROPOSED GOLF CART CROSSING
SECTION 1
PROPERTY OWNERSHIP AND DESCRIPTION
1.1. PURPOSE
The purpose of this Section is to set forth the location
and ownership of the property, and to describe the existing
conditions of the property proposed to be developed under the
project name of FOXFIRE.
1.2. LEGAL DESCRIPTION
The subject project being 384 21 acres is described as:
The West 1/2 of Section 6, Township 50 South, Range 26 East,.
Collier County, Florida, LESS and EXCEPT that portion deeded for
State or County, right-of-way and/or Utility Easements, as appear
in those certain deeds and instruments recorded at O.R. Book 388,
Page 426; and LESS and EXCEPT that portion deeded to the Florida
Power and Light Company, as appears in that certain deed recorded
at O.R. Book 323, Page 911, all as contained in the Public Records
of Collier County, Florida, and all of lots 147 thru 153 inclusive
of Naples Groves and Truck Co.'s Little Farms No. 2, less the South
75 feet Plat Book 1, Page 27, Collier County, Florida, located in
Section 1, Township 50 S, Range 25 E.
1~3. PROPERT~ OWNERSHIP
The subject property is currently under the ownership of
FOXFIRE COMMUNITY ASSOCIATION INC. CONSISTING OF ALL CONDOMINIUM
ASSOCIATIONS AND INDIVIDUAL HOME OWNERS WITHIN THE FOXFIRE
DEVELOPMENT.
1.4. GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site contains 384.21 acres and
is located in the West 1/2 of Section 6, Township
50 South, Range 26 ~East, and lots 147 thru 153
of the Naples Groves and Truck Co.'s Little Farms #2
Subdivision, located in the Southeast corner of
Section 1, Township 50 South, Range 25 East, which
is approximately one (1) mile east of Airport Road
and situated between Radio Road and Davis
Boulevard.
B. The zoning classification of the subject
property is PUD (Planned Unit Development)
District. The property is within the Collier
County Water-Sewer District and Collier
County Water Management District No. 6.
1-1
9:]
1.5. PHYSICAL DESCRIPTION
The project site is located within Water Management
District No. 6. The majority lies within the natural drainage basin
of Rock Creek with a minor portion within Haldeman Creek. The
natural drainage of the site is in a westerly direction, to a point
midway on the project's western border, where the overland
flow drains into the headwaters of Rock Creek. Rock Creek, in
turn, discharges into the Gordon River and Naples Bay at a point
just north of U S. Highway 41 and southwest of the Naples Airport.
Water Management for the proposed projec~ is planned to be the lake
retention type.
Elevations within the project site range from 6.8 to 10.0 feet
above mean sea level. Most of the area, however, falls within the
7.5 to 9.0 feet of elevation category. Further, the depth to
bedrock in the area varies from some four (4) feet to more than
twelve (12) feet. This information is based on a January 1974
field survey.
The soil types on the site include Arzell fine sand (approximately
50 percent), Immokalee fine sand (approximately 45 percent), and
Sunniland fine sand (approximately 5 percent) Soil
characteristics were derived from the Soil Survey of Collier
County, Florida, issues by the U S. Department of Agriculture in
March 1954.
1-2
SECTION II
PROJECT DEVELOPMENT
2.1. pURPOSE
The purpose of this Section is to delineate and generally
describe the project plan of development, the respective
-~i~'il land uses of the tracts included in the project, as well as
%~ ~ the project criteria, for FOXFIRE.
2.2. GENERAL ~
A. Regulation for development of FOXFIRE shall be in
accordance with the contents of this document~ PUD-
Planned Unit Development District and other applicable
sections and parts of the "Collier County Land
Development Code"
~ B. Unless otherwise noted, the definitions of all terms
i)'~ shall be the same as the definitions set forth in the
~;~ "Collier County Land Development Code".
2.3. PRQJECT PLAN AND LAND USE TRACTS
~.~ A. The project plot plan, including layout of s:treets and
-~=' land use of the various tracts, is iljustrated
~,' graphically by Exhibit "A", PUD Master Development
~ Plan. There shall be four (4) land use tracts, plus
~, necessary street rights-of-wa~, the general
' configuration of which is also iljustrated by Exhibit
1. Tract A: Low density single-family
~:~ residential (±) 80.7 Acres
2. Tract B: Low density multi-family
:~. residential (±) 68.8 Acres
3. Tract C: Low density residential (±) 9.7 Acres
I 4. Tract D: Master Waste Water Pump Station
(±) 1.3 Acres
:? 5. Tract E: Commons Areas/Golf Course
& Tract F: (±) 223.7 Acres
TOTAL (±) 384.2 Acres
B. Areas iljustrated as Lakes by Exhibit "A" constructed
: prior to the effective date of this ordinance shall
~ continue to function as constructed. Areas iljustrated
! as Lakes by Exhibit "A" constructed after the effective
date of this ordinance shall be constructed Lakes, or
upon approval, parts thereof may be constructed as
shallow, dry depressions for water detention purposes.
Such areas, Lakes and dry areas shall be in the same
general configuatioration and contain the same general
acreage as shown by Exhibit "A".
C. In addition to the various areas and specific items
shown in Exhibit "A", such easements (utility, private,
semi-public, etc.) shall be established within or along
the various Tracts as may be necessary or deemed
desirable for the service, function or convenience of
the project's inhabitants.
2.4. MAXIMUM PROJECT DENS~
No more than a maximum 935 residential dwelling units,
single and multi-family, shall be constructed in the total
project area. The gross project area is 384.21 acres. The
gross project density, therefore, will be a maximum of 2.43
units per acre.
2.5. PROJECT PLAN APPRQVAL REQUIREMENTS
Prior to the recording of the Record Plat, final plans of
th~ required improvements shall receive the approval of all
appropriate Collier County governmental agencies to insure
compliance withlthe Plan of Development, Article 3, Division
3.3 of the Land Development Code, and the platting~laws of the
State of Florida.
Exhibit "A" constitutes the required PUD Master
Plan. Subsequent to its approval, a Preliminary Subdivision
Plat, if applicable, shall be submitted for approval, followed
· by final subdivision plat approval. If a Preliminary
Subdivision Plat is not applicable, then subsequent to PUD
approval a Site Development Plan shall be submitted for
approval.
2-2
SECTION III
TRACT A: LOW DENSITY
SINGLE FAMILY RESIDENTIAL DEVELOPMENT
3.1. PURPOSE
The purpose of this Section is to indicate the development
plan and regulations for the area designated on Exhibit "A"
as tract A, Low Density Single Family Residential.
3.2. MAXIMUM DWELLING UNITS ~
~ A maximun number of 231 single family .units may be
constructed in this tract.
3.3. USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or land used, in whole or part, for other than the
following:
A. Principal Uses:
(1) Single Family residence
(2) Park or open space, as provided for in Section
3 5 of this document
B. Accessory Uses:
(1) Customary accessory uses and structures, including
private garages.
(2) Signs as permitted in Division 2.5 of the Land
Development Code.
3.4. REGULATIONS
3.4.1. GENERAL: All yards, set-backs, etc. shall be in
relation to the individual parcel boundaries.
3.4.2. MINIMUM LQT A~.EA: Tract A-1 10,000 square feet
Tract A-2 6,500 square feet
3.4.3. MINIMUM LQT WIDTH:
A. Tract A-1
Corner Lots - 100 feet average between
front and rear lot lines. In
the case of wedge-shaped
corner lots, the front lot
line shall be a line inter-
connecting the two points
where side lot lines intersect
street rights-of-ways.
B. Tract A-1~
Interior Lots - 85 feet average between front
and rear lot lines.
C. Tract A-2
Corner Lots - 70 feet average between front
and rear lot lines. In the
case of wedge-shaped corner
lots, the front lot line
shall be a line
interconnecting the two points
where side lot lines intersect
street right-of-ways.
D. Tract A-2
Interior Lots - 55 feet average between front
and rear lot lines.
3.4.4. MINIMUM yARDS:
A. Front yard - 30 feet (Tract A-i)
25 feet (Tract A-2)
B. Side Yard - 7.5 feet (Tract A-l)
5.5 feet (Tract A-2
C. Rear Yard ~ 30 feet. In the case of
residential pools which are screen enclosed or
unenclosed, rear yard setbacks may be reduced
to 10 feet.
D. All yards abutting a street shall be front
yards Four-sided corner lots shall have two
front and two side yards. Five-sided corner
lots shall have two front, two side, and one
rear yard, with the rear yard being farthest
from the abutting streets.
98'
3.4.5. MINIMUM FLOOR AREA:
A. One istOry - 1,200 square feet of living area
exclusive of pati° and garage.
B. Two story - 1,600 square feet of living area
exclusive of patio and garage.
3.4.6. OFF-STREET PARKING REOUIREMENTS
As requfred by Collier County Regulations in
effect at the time permits are sought
:~ 3.4.7. MAXIMUM HEIGHT
!'~ Thirty (30) feet above finished grade of lot or
from the minimum base flood elevation required by
i.t the Flood elevation Ordinance, whichever is
higher.
Tract "A" Lot 18 of Block "G", and Lot 60, of Block "F~, of
unit #3 (Exhibit "C") shall be utilized for park, or open
space only.
SECTION IV
TRACT B: LOW DENSITY
MULTI-FAMILY RESIDENTIJtL DEVELOPMENT
4.1. pURPOSE
The purpose of this Section is to indicate the development
,..~ plan land regulations for the areas designated on Exhibit
~ "A" as Tract B, Low Density Multi-Family Residential.
'~i.~, Detailed architectural plans will be developed when
.~:.~ appropriate and must be approved by the proper County
- agencies as in conformance with the Final Development Plan
V... and the PUD document prior to the issuance of any construction
~' permit.
4.2. MAXIMUM DWELLING UNITS
A maximum number of 704 dwelling units may be constructed on
Tracts B and C.
4 . 3 . USES PERMITTED
No building or structure, or par~ thereof, shall be erected,
altered or used, or land used, in whole or. in part, for
other than the following:
A. Principal Uses:
(1) Multi-Family Residences.
B. Accesso~ Uses:
(1) Accessory uses and structures, including private
garages and enclosed storage structures for golf
carts.
(2) Recreational uses and facilities such as swimming
pools, children's playground areas, etc. Such
uses shall be visually and functionally compatible
with the adjacent residences which have the use of
such facilities. Such facilities shall not
restrict the visual and functional enjoyment of
. the non-participating residences.
'./,'i'i (3) Signs as permitted in division 2.5 of the Land
~. Development Code.
4 - 1
4.4.1. ~ Ail criteria listed below shall be
understood to be in relation to the
respective tract boundary lines or
between buildings.
4.4.2. MINIMUM YARDS: The multi-family "Tracts" included
in the project design are not intended
to facilitate traditional criteria for
front, side and rear yard setbacks. On.
the other hand, the following criteria
are herein included~ so as to preserve
the integrity of the project:
A. Setbacks from Golf Course Tract Lines = None
B. Setbacks from non-golf course Tract lines
30 feet or one-half (1/2) the building height
whichever is greater.
C. Distance between principal structures = 20
feet or one-half (1/2) the sum of the heights
of the adjacent structures whichever is
greater. In instances where there shall be
structures on opposite sides of the same
envelope (or multi-family tract), and these
structures are separated by a through
accessway, each structure will be set back
from the center of the acCessway a minimum of
20 feet plus one-half (1/2) the height of the
structure.
4.4.3. MINIMUM FLOOR AREA Each residential unit shall
have a minimum floor area of
800 square feet.
4 4.4 MAXIMUM H~I~HT Four (4) floors of living area
with option of having one (1) floor
of parking beneath the living area.
4.5. OFF-STREET PARKING REOUIREMENTS:
As required by Collier County Regulations in effect at the
time permits are sought.
061
4-2
SECTION V
TRACT C: LOW D~NSiTY RESIDENTIAL DEVELOPMENT
5.1. PURPOSE
The purpose of this section is to indicate the development
plan land regulations for the areas designated on Exhibit
"A" as Tract "C" Low Density Residential
5.2. MAXIMUM DWELLING UNIT~
~ maximum number of 704 dwelling units may be constructed on
Tracts B and C.
5.3. USES PERMITTED
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:
A. Principal Uses:
(1) Single family units are permitted as individual
structures or as combinations of up to and
including six (6) single, family attached units per
structure. Such unit' types as single family
attached, duplex, patio, cjuster attached, cjuster
detached, villa attached, villa detached, or
garden apartments, and zero lot lines are
~ permitted.
B. Accessory Uses:
(1) Customary accessory uses and structures, including
private garages and enclosed storage structures for
golf carts.
(2) Signs as permitted in Division 2.5 of the Land
Development Code.
~':~ ~.4Jl. DesiGn A~Droval
~?~ To permit flexibility in the design of the
residential cjusters in conformance with the
?i~' intent of this district, minimum lot and setback
~ dimensional standards shall be approved in
' accordance with the Collier County Site
.~! Development Plan review process for each proposed
!~ development. A site plan indicating general
building envelopes, lot or parcel configuration,
parking .and landscaping areas, and minimum
~. setbacks shall be submitted for staff review and
[~. approval.
~'~'"r.~ 5.4 .2. Off-Street Parking Re~uirem~D~s
As required by Collier County Regulations in
effect at the time permits are sought.
5.4.3. Maximum Heiqh~
m~ : Thirty (30) feet above finished grade of lot or
from the minimum base flood elevation required by
the Flood. Elevation Ordinance whichever is higher.
5-2
SECTION VI
TRACT D:
MASTER WASTEWATER PUMP STATION AND EFFLUENT
STORAGE TANK SITE
6.1. pURPOSE
The purpose of this Section is to provide standards for the
development of a wastewater pump station and effluent storage
tank site within the boundaries of the proposed site.
6.2. GE~RAL
Collier County acquired 1.25 + acres, located in the extreme
northeastern portion of the project site, by eminent domain
proceedings for the purposes of establishing a master waste-
water pump station and effluent storage tank site to be
included as part of the South County Regional Wastewater
System which will be constructed with federal funding
assistance. The proposed Master Wastewater Pump Station and
Effluent Storage Tank site is ilIustrated by Exhibit "A".
6.3. USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or used in whole or part, for other than the
following:
A. Principal Uses:
(1) Master Pump Station
(2) Effluent Storage Tank
B. Accessory Uses ..
(1) Uses Customarily associated with master pump
i~., · stations.
(2) Uses customarily associated with effluent
storage tanks.
06l 104
~i ~00~, PAr-'[
6-1
6 · 4 · REGULATIONS
6.4.1. MINIMUM YARDS:
A. Front Yard -75 feet measured from the
south boundary of Radio Road right-of-way as
existing on January 1, 1985
B. Side Yard - 25 feet
C. Rear Yard - 25 feet
6.4.2. MAXIMUM HEIGHT:
.Thirty-three (33) feet above finished
grade of lot or from the minimum base flood
elevation required by the Flood Elevation
Ordinance whichever is higher.
"," SECTION FIVE:
Subsection 6.5, Development Commitments is hereby added as
follows:
",. 6.5. DEVELOPMENT COMMITMENTS
~ 6.5.1. STIPULATIONS
· 'i' a. Petitioner shall be subject to the tree/vegetation
removal ordinance in existence at the time of
permitting, requiring the acquisition of a tree removal
permit prior to any land clearing. A Site clearing
-~:~. : plan shall be submitted to Collier County Environmental
Services Department and the Community Development
Division for their review and approval prior to any
; substantial work on the site. The plan may be submitted
in phases to coincide with the development schedule. The
site clearing plan shall clearly depict how the final
~ site layout incorporates retained native vegetation to
~..,' the maximum extent possible and road, buildings, lakes,
parking lots, and other facilities have been oriented to
accommodate this goal.
: b. Native species shall be utilized, where available, to
· the maximum extent possible in the site landscaping
:/ design. A landscaping plan will be submitted to the
.... Collier County Environmental Services Department and the
"~ Community Development Division for their review and
" approval. This plan will depict the incorporation or
native species and their mix with other species, if any.
061 105
"" 600K~A~[
The goal of site landscaping shall be the re-creation of
native vegetation and habitat characteristics lost on the
~: i Site during,construction or due to past activities.
~i. c. All exotic plants as defined in the County Code shall
~.. ~ ,
~;.' be removed during each phase of construction from
'~?~ development areas, open space areas, and preserve
'~!' areas. Following site development a maintenance program
shall be implemented to prevent reinvasion of the site
by such exotic species. This plan, which will describe
control techniques and inspection intervals, shall be
~.~ filed with and approved by Collier County Environmental
~!~' Services Department and the Community Development
:.~ Division.
d. If during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Collier County Environmental
j Services Department notified. Development will be
suspended for a sufficient length of time to enable the
Collier County Environmental Services Department or a
· designated consultant to assess the find and determine
? the proper course action in regard to its salvageability.
The Collier County Environmental Services Department will
respond to~ any such notification in a timely and
· efficient manner so as to provide only a minimal
· ~ interruption to any constructional activities.
e. Detailed site drainage plans of the parcel showing
corn~ection to th~ Foxfire stormwater collection system
~ shall be submitted to the~Development Services Director
~. for review. No construction permits shall be issued
· unless and until approval of the proposed construction in
accordance with the submitted plans is granted by the
County Engineer.
f. All access to public right-of-way shall be subject to
Ordinance 82-91 and/or revisions thereof.
g. The parcel (Tract 10 Plat Book 13, Page 102) is subject
to public right-of-way on the north of 35 feet and a
drainage easement on the east of 10 feet.
';.~" h Access to Radio Road under the future four lane
~' condition shall be restricted to a right-turn in/
right-turn out: no provision of a median opening
A,' shall be approved.
6-3
~:- i. Access to Radio Road under the existing two lane
t condition shall incorporate a right-turn entrance
i radius of no less than 30 feet, and preferably 50 feet,
to assure safe access from Radio Road.
'~ j. All of the project area is to be served by central
~' water and sewer systems.
k. The petitioner shall comply with all Florida Department
~ Environmental Regulation (DER) regulations in the
?. construction and use of the proposed pump station and
.~.. effluent holding tank.
1. · The pump station site is to be visited by County
.:.~ personnel every day and the effluent storage tank
Ii~,~i~ 'is to be monitored on a weekly or semi-weekly basis.
~'.~ m. A landscape buffer, in accordance with Div. 2.4 of
~.: the Collier County Land Development Code, shall be
'-~ . provided around the storage tank.
n. Broadleaf trees shall be planted around the storage
· ~: tank. These trees shall be planted at 20 feet on
.~ center or closer and be of a type that reaches a
<' minimum height of 30 feet %t maturity. (Trees such as
slash pine would not provide an adequate visual
~ buffer).
~ o. Trees shall be left and/or replanted (as a part of the
?' developmen~ of the site) along all property boundaries
,~ so as to aid in providing a visual buffer.
p. Prior to' obtaining a building permit, a detailed Site
~i' Development Plan shall be submitted for review and
!" approval by the County.
q. Collier County shall provide a six foot tall wooden
fence or equivalent vegetative screen at the discretion
iii~.: of the Foxfire Community Association around the subject
parcel where it abutts residential properties.
SECTION VII
i :
TRACT E & TRACT F: COMMONS AREA/GOLF COURSE
7.1.~
The purpose of this Section is to set forth the development
plan and regulations for the areas designated as Tract E,
Commons Areas/Golf Course on the PUD Master Development
Plan, Exhibit "A".
7.2. DEVELOPMENT PLAN
A. The primary function and purpose of this Tract will be
to provide aesthetically pleasing open areas, golf
L' course and recreational facilities. Further, these
areas shall provide for the flood relief and drainage
of the total project.
'..i~ B. Except in areas to be used for water impoundment and
:. principal or accessory use areas, all natural trees and
!.i"i other vegetation as practicable shall be protected and
- . preserved. All landscaping and earthwork to be
:~ performed in the Common areas shall be of high quality
and in keeping with the primary goals set for this
development and in accord with the Landscape Plan.
7.3. USES PERMITTED
No building or structure, 6r part thereof, shall be'erected,
altered or used, or land'used, in whole or in part, for
: other than the following:
~.'~ A. Principal Uses:
1. Golf Courses
2. Open spaces and outdoor recreation facilities.
3. Lakes and other functional facilities or uses to
serve for the flood relief and drainage of project
'.~. improved areas.
4. Pedestrian and bicycle paths or other similar
facilities constructed for purposes of access to or
~: passage through the Common areas.
5. Small buildings, enclosures or other struc=ures
constructed for purposes of maintenance, storage,
recreation or shelter with appropriate screening and
landscaping.
6. Small docks, piers or other such facilities
constructed for purposes of lake recreation for
project occupants or members.
7. Shuffleboard courts, tennis courts, swimming pools,
and other types of facilities intended for outdoor
recreation.
B. Accessory Uses:
1. Clubhouse, pro-shop, practice driving range and
other customary accessory uses of golf courses, or
other recreational facilities.
2. Small establishments, including but not necessarily
limited to, gift shops, golf equipment sales,
restaurants, cocktail lounges, and administrative
services and management offices, intended to
exclusively serve or be a service beneficial
exclusively to the members of the Association,
patrons of the golf course or other permitted
recreational facilities subject to the provisions of
Div 2.2.1 of the Collier County Land Development
Code.
3. Signs as permitted in Div. 2.5 of the Collier County
Land Development Code.
4. A caretakers unit in conjunction with the operation
of the golf course as determined to be compatible
with the adjacent zoning by the Developmen= Services
Director.
Plans for the golf course and all other uses shall be
submitted to the Director who will review these plans and
approve their construction in compliance with Division 3.3 of
the Collier County LDC. Ail construction shall be in
accordance with the approved plans and specifications.
The perimeter boundaries of such plans shall be recorded in
the same manner as a subdivision plat.
1.09
7-2
?.5. GENERAL REOUIREMENTS
1~) Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of
access streets and parking areas and location and
treatment of buffer areas.
2) Buildings shall be set back a minimum of fifty (50)
feet abutting residential districts and an
appropriately landscaped and maintained buffer shall be
provided.
3) Lighting facilities shall be arranged in a manner which
Will protect roadways and neighbooring properties from
direct glare or other interference.
7.6. ~AXIMUM HEIGHT
Thirty-five (35) feet within 150 feet of any Tract
restricted to thirty (30) feet or less in height, and
forty-five (45) feet elsewhere within the Tract as measured
from the finished grade of site or from the minimum base
flood elevation required by the Flood Elevation Ordinance
whichever is greater. Structures located within Section 1,
Township 50 S, Range 25 E shall be limited to one (1) building
s~ory o'
7.7. MINIMUM OFF-STREET PARKING
As required by Division 2.3 of the Land Development Code, or
Collier County regulations in effect at the time of permit
application.
7.8.1~ Buffer Zone along Davis Boulevard:
Vehicular access to rear of lots across the buffer
zone along Davis Boulevard is prohibited.
Landscape buffer materials shall be installed by
the Project Sponsor as a part of the required
improvements construction.
7-3
7.8.2. Future Right-of-Way Requirements for that part of
Foxfire PUD within Section 6, Township 50, Range
26:
A parcel of land parallel to Davis Boulevard and 65
feet in width shall be designated as Tract
and retained as open space and as a buffer zone. The
southerly 40 feet of this parcel shall remain
unused, except 'for landscaping, so that it may
become a par~ of any future frontage road system
constructed along Davis Boulevard. Costs for
construction shall be paid on the basis established
by the appropriate governmental agency at the time
of construction of the frontage road.
A parcel of land parallel to Radio Road and 35
feet in width shall be designated as Tract "F" so
that it may become a part of any future expansion of
Radio Road.
The additional right-Of-way reserved as Tract "F"
(40 feet along Davis Boulevard and 35 feet along
Radio Road) will be dedicated to the appropriate
governmental agency at the time of construction of
the Davis Boulevard frontage road and the
expansion of Radio Road. Such dedication ocurring
after the effective date of this ordinance shall be
eligible for Road Impact Fee Credit pursuant to
Ordinance 92-22.
7.8.3. Right-of-Way reservation for that part of
Foxfire PUD within Section 1 Township 50 South,
Range 25 East.
Any properties which are required to be reserved
for right-of-way expansion for Davis Boulevard
shall be subject to either Road Impact Fee Credit
pursuant to Ordinance 92-22 or shall be acquired
at fair market value from the property owner.
7.9 ENVIRONMENTAL
A minimum of 16.41 acres of pine flatwoods (25% of
the golf course expansion area) shall be retained in
its natural state.
Ail Collier County wellfield protection zones
overlaying the site (as identified in Collier County
Ordinance No. 91-103, as amended) shall remain in
effect unless otherwise modified by Collier County.
7-4
SECTION VIII
DEVELOPMENT STA3gDARDS
8.1. PURPOSE
The purpose of this Section is to set forth the standards
for the development of the project.
All facilities shall be constructed in strict accordance
with the Final Development Plan and all applicable State and
Local laws, codes, and regulations. Except where
specifically noted or stated otherwise, the standards and
specifications of Article 3, Division 3.2 of the Land
Development Code shall apply to this project.
Water distribution, sewage collection and transmission and
interim water and/or s'ewage treatment facilities to serve the
project are to be designed, constructed, conveyed, owned and
maintained in accordance with Collier County Ordinance No. 88-
76, as amended, and other applicable County rules and
regulations.
All customers connecting to the water distribution and sewage
collection facilities to be constructed will be customers of.
th~ County and will be billed by the County in accordance with
the County, s established rates.
8.3. PUD.MASTER'~DEV~LOPMENT PLAN
A. Exhibit "A", PUD Master Development Plan, iljustrates
the.proposed development.
B. The design criteria and system design iljustrated on
Exhibit "A" and stated herein shall be understood as
flexible so that the final design may best satisfy the
project, the neighborhood and the general local
environment. Minor site alternations may be permitted
subject to planning staff and administrative approval.
C. All necessary easements, dedications, or other
instruments shall be .granted to insure the continued
operation and maintenance of all service utilities and
all areas in the project.
D. To Protect the integrity of the multi-family
residential neighborhood, access roads to multi-family
development tracts are intended to be private roads
while all other roads may be public roads.
8-1
8.4. PROJECT DEVELOPMENT ~ND RECREATIONAL FACILITIES
~ i The proposedide~elopment is iljustrated by Exhibit "A". The
proposed construction shall comply with the standards set
forth and the resulting complete project shall adequately
serve its Dccupants and members and will not cause a general
public problem. Such measures as the construction of cul-
de-sacs at street ends, screens, signs, landscaping, erosion
control and other similar-in-function facilities shall be
taken to accomplish the above set forth objectives.
Any additional recreational facilities, as may be needed by
the future residents of this project, shall be funded through
a system of revenues collected by the Foxfire Community
Association. The Community Association By-Laws shall include
a provision that the creation of:a capital improvement fund is
mandatory, and every property owner in the development shall
become a member of the Association.
8.5. CLEARING; GRADING. EARTHWORK,.AND SITE DRAINAGE
All clearing, grading, earthwork and site drainage work
shall be performed in accordance with all applicable State
and local codes.
The cypress head in the west central portion of the project
and the large clumps of palmettos in the unexcavated common
areas will .be protected during construction with the fencing
and posting. The haul roads will be identified, and the
contractor will adhere to these roads, which will be
stabilized if sand traps occur.
8.6. STREET CONSTRUCTION
All public street design and construction shall meet the
Collier County standards that are in effect at the time of
approval.
8.7. ~ASEMENTS FOR UNDERGROUND UTILITIES
Easements for underground utilities such as power,
telephone, TV cable, wastewater collection and transport,
water distribution lines and other similar utilities necessary
for the service of the project shall be located as required
and granted for those purposes. Clearing of the easements for
installation of underground utilities shall be selective so as
to protect the maximum number of trees and natural vegetation.
BOOK PAt
8-2
8.8. WASTE"WATER COLLECTION, TRANSPORT AND DISPOSAL
All project areas shall be served by a central wastewateY
collection system.
All applicable water and sewer connection charges must be
paid to the County Water-Sewer District prior to the
issuance of any building permits.
The projects Developer(s) his assigns or sucessors shall
comply with the current County ordinances regarding use of
treated sewage effluent for irrigation purposes.
The existing off-site sewage transmission facilities of the
District must be evaluated for hydraulic, capacity to serve
this project and improved as required outside the projects
boundary to provide adequate capacity to transport the
additional wastewater generated without adverse impact to the
existing'transmission facilities.
8.9. WATER SUPPLY
A central water supply system shall be made available to all
areas of the project. The water supply source for the
project shall be the City of Naples system or other area
wide systems made available to the project site via Collier
County Water-Sewer District.
8.10. SOLID WASTE DISPOSAL
Arrangements and agreements shall be made with the approved
solid waste disposal service to provide for solid waste
col'lection service to all areas of the project.
8.11 .OTHER UTILITIES
Telephone, power, and TV cable service shall be made
available to all residential areas. All such utility lines
shall be installed underground.
Any above ground antennas which will be external to a
building shall require the approval of the Association.
8.12.]~JlFFIC SIGNAL
The development agrees to pay his proportionate share of the
costs of a traffic signal system at the intersection of
Davis Boulevard and the entrance to Foxfire and at the
intersection of Radio Road and the entrance to Foxfire at
the time such system is constructed. At the time of
8-3
beginning of land development, additional pavement will be
constructed along Davis Boulevard and along Radio' Road at
the entrance to Foxfire to provide left iturn storage iand
right turn deceleration lanes for traffic entering Foxf~re.
Costs associated with this paragraph shall be included in
the bonded improvements when the Plat is recorded.
13 .ARCHITECTURAL REVIEW
Ail buildings constructed within Foxfire must comply with
the architectural review standards which shall be specified
by the recorded covenants and deed restrictions that go
with the properties.
8.14.ACCESSORY STRUCTURES
Accessory structures must be constructed simultaneously
with or. following the construction of the principal
~tructure and shall conform with the following setbacks and
building separations.
Structure to
Accessory Front Rear Side Structure
structures - Single Family 30' 10' 10' 10'
Area (Only)
15. SIGNS
Ail signs shall be in accordance with the appropriate
County Ordinances.
8.16.LANDSCAPING FOR OFF-STREET PARKING AREAS
Ail landscaping for off-street parking areas shall be in
accordance with the appropriate Collier County Ordinances.
8.17.~ARKING. STORAGE, QR USE OF MAJQR RECREATIONAL EQUIPMENT
Major recreational equipment is hereby defined as including
boats and boat trailers, travel trailers, pickup campers or
coaches (designed to be mounted on motorized vehicles),
motorized dwellings or motor homes, tent trailers, popout
campers, houseboats, and the like, and cases or boxes used
for transporting recreational equipment, whether occupied by
such equipment or not. No major recreational equipment
shall be used for living, sleeping, or housekeeping purposes
when parked or stored on a residentially zoned lot or in any
location not approved for such use, and no such equipment may
be parked anywhere on residential or recreational premises for
a period not to exceed twenty-four (24) hours during loading
and unloading without permission of the Foxfire Community
Association.
8.IS.PARKING OF COMMERCIAL VEHICLES..IN RESIDENTIAL AREAS
A.= i It shall be ~nl~wful to park a commercial vehicle on
any lot in a residentially zoned district unless one of the
following conditions exist:
1) The vehicle is engaged in a construction service
operation on the site where it is parked. The
vehicle must be removed as soon as the construction or
service activity has been completed.
2) The vehicle is parked in a garage, carport, or fully
screened area and cannot be seen from the exterior of
the lot or the adjacent multi-family structures.
8.19.GENERAL LANDSCAPE DEVELOPMENT CONCEPT
To provide an aesthetic environment for future
residents of this development and the community as a
whole, with minimum disruption of existing vegetation
patterns by:
1) Establishment of guidelines for maximum
utilization of existing natural features.
2) Re-establishment of acceptable vegetation on lands
previously used for agriculture purposes which now
lay fallow.
3) Maintain cypress head in a natural condition.
~ COMmUNiTY ANALYSIS
The total project acreage, +318.67 subject to
Ordinance #81-68 has been developed as indicated in
that Ordinance, including retention of the Cypress
Head and Preservation Areas described in Section
8.19,D & E of this document. The addition of the
Western +65.54 acres to be utilized for nine holes
of golf represents the only remaining plant
community to be significantly altered. The
following is an analysis of that plant community:
Land Classification Code No. 411, Pine Flatwoods
8-5
Pine Flatwoods effectively cover the entire site.
This classification has a canopy dominated by
Slas~ Pine (Pinus elliottii var. densa), a
typically sparse to absent midstory, and a ground
cover of wiregrass (Artistida spp.), saw palmetto
(Serenoa repens), or muscadine grape (Vitis
rotunditolia).
Various other species also occur, though less
commonly, including poison ivy (Toxicodendron
radicans), gallberry (Ilex glabra) wax myrtle
(Myrica ceritera, myrsine (Rapanea punctata),
staggerbush (Lyonia fruticosa), winged sumac (Rhus
copallina), fox grape (Vitis labrusca), dogfennel
(Eupatorium capillifolium) and yellow-eyed grass
(Xyris spp.).
Cabbage palms (Sabal palmetto) are scattered
througout this classification, but are not
dominant even in the midstory. Dwarf wax myrtle
(Myrica pusilla), gopher apple (Licania
michauzii), prickly pear (Optunia stricta) and
other species tolerant of xeric conditions also
occur in drier portions. Brazilian pepper (Schinus
terebinthifolius) occurs on small patches
throughout~ this classification but is not dominant
in any area. Melaleuca (Melaleuca quinquenervia)
is beginning to invade the site, but is not
dominant in any extensive areal
~ATIVE. VEGETATION BUFFER AREAS
FUNCTION[ Provide visual and noise buffer between
building sites, roadways and adjoining properties.
~ Vegetation to remain in an unmolested site.
All vehicles and construction equipment to be
prohibited from this area during and following
construction with the exception of maintenance
equipment. Specific maintenance program will be
established to maintain a healthy natural state.
CYPRESS HEAD AREA
FUNCTION: Preservation of an attractive natural
resource community. Retention of water during the
rainy season, and a ground water recharge area as well
as a water quality improvement facility. Provide
unique recreation and aesthetic experience for the
pleasure of project residents.
8-6
~ Preservation and protection of flora and
fauna, with the exception of introduction of a golf
course fairway as indicated on the' PUD Master~
Development Plan. Prohibit vehicles and construction
equipment with the exception of maintenance equipment.
Removal of obnoxious exotics, i.e. melaleuca
lecudendra, Schinus terebinthifolius and others.
Establishment of a maintenance program to insure a
healthy environment by directing water flow into the
head to provide optimum surface flooding depths.
Irrigation of the head during periods of drought to
protect from fire, premature cypress defoliation and
excessive plant stress. Final design and location of
the fairway to be approved by County Environmental
Consultant.
PRESERVATION AREAS
FUNCTION: In areas which have vegetative types which
we feel are valuable or unique to the environment of
this development. Some areas are composed of specimen
trees and others are a solid mass of saw palmetto.
TREATMENT: Vegetation to remain in an unmolested
state, except for development of pedestrian/cycle paths
and approved satellite recreation facility areas.
Vehicles and construction equipment to be prohibited
with the of maintenance
exception
equipment.
These
areas will be better defined when stake out of lakes
and building sites takes place, some areas may
increase or decrease in size as vegetative patterns are
established.
MOUND AND VEGETATION BUFFER ALQN~ D~VI$ ~OUL~VARD
FUNCTION: Provide noise and visual buffer from traffic
and adjacent properties.
~ Due to the small number of trees in this
area an earth mound will be constructed in such a
manner as not to destroy existing trees of value.
Establishment of ground cover and trees will take place
on completion of construction.
BUILDING SITES
FUNCTION: Location for structures.
~ Retain maximum amount of vegetation with
the exception of small areas for stockpiling fill.
8-7
STREET PLANTING
FUNCTION: Establishment iof a pleasantienvironment by
the use of trees and vegetation that require a minimum
amount of maintenance.
TREATM~ Street trees will be planted on basis of
.one tree per 50 lineal feet of roadway per side. Trees
may be planted as individuals or as cjusters. Cjuster
planting will be located on a maximum interval of
1,000 lineal feet. Any existing trees within right-of-
way may be counted as a part of the street tree
planting. Street slopes will be revegetated with
durable grasses to control erosion.
FUNCTION: Provide. water storage, recreation and
aesthetically pleasing quality for the community.
~ On completion of construction, lake banks,
will be revegetated with durable grasses to control
erosion.
SIDEWALK/BIKEWAY~ Sidewalks and bikeways shall be
provided and constructed according to local County code
and ordinances.
GENERAL POLICIES
FUNCTION: Provide an* aesthetically pleasingI as well
as functional environmental in general.
TREATMENT: Four classification fall into this category.
1. Farm land areas: Areas that have been previously
farmed that are planned for general open space as
well as certain parts of the Common Areas, to be
reforested on basis of management program
developed in conjunction with Forestry Department.
Re-establishment of ground cover by the use of
durable grasses to eliminate wind and water
erosion.
2. Select clearing areas: As a general policy and as
much as practicable selection clearing and
protection of valuable vegetation shall be
applied.
119
8-8
3. Disturbed areas: Upon completion of construction,
all disturbed soils located within the
Commons/Golf Course Area shall be revegetated with
durable grasses to eliminate water and wind
erosion.
4. Obnoxious exotics shall be destroyed in accordance
with the applicable County Ordinances~
L. POLLING PLACES
Rooms shall be provided within common areas for
the purpose of permitting residents within the PUD
to vote during all elections. The number and
location of needed rooms shall be determined by
the Collier County Supervisor of Elections.
8.20 WATER MANAGEMENT
A. An Excavation Permit will be required for the
proposed lake(s) in accordance with Division 3.5 of
Collier County Ordinance No. 92-73 and SFWMD rules.
B. A copy of SFWMD Permit or Early Work Permit is
required prior to final construction plan approval.
C. At the tim~ of final construction plans approval, it
must be demonstrated that the golf course discharge
will not exceed the capacity of the off-site ditch
or'proposed improvements. Any necessary improvements
to~ the ditch will be at the Developer's expense.
This does not ~xclude cost sharing by all parties
impacting discharge volumes.
8.21 GOLF CART CROSSINGS
If required by Collier County, petitioner shall
apply for and obtain a right-of-way permit to access
Section l, Township 50 S Range 25 E from Section 6,
Township 50 S Range 26 E, crossing ~stey Avenue as
indicated on Exhibit E.
""'PROJEC'T LOCATION MAP '
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I part of:
PLAT HOOK 1 3 PAGE I O~
UNIT THREE
Proposed Golf Cart Crossing
:
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 93-31
which was adopted by the Board of County Commissioners on
the 8th day of June, 1993, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Co/l/er County, Florida, this 16th
day of June, 1993. ..
.~.i"' - ;'tOo ' ': ....
DWIGHT E. BROCK .,..
Clerk of Courts and Cler~ '. ............ . '/~ .
Ex-officio to Board of':~ ."', "
County Commissioners
'
~' ,~ * . :'"~,.
[ By: /s/Maureen Kenyon' . ..