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HEX Agenda 10/26/2017 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, OCTOBER 26, 2017 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 T O 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 was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma and further continued from the October 12, 2017 HEX Meeting and the October 26, 2017 HEX Meeting to the November 9, 2017 HEX Meeting. A. PETITION NO. BD-PL20170000541– David Bautsch requests a 36.46-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 56.46 feet, to accommodate a new docking facility, including a new boathouse, for the benefit of Lot 9, Block F, Replat of Unit No. 3 Little Hickory Shores, also described as 297 3rd Street, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, Principal Planner] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma and further continued from the October 12, 2017 HEX Meeting. B. PETITION NO. PDI-PL20160003062 – Foxfire Community Association of Collier County, Inc. requests an insubstantial change to Ordinance No. 93-31, the Foxfire Planned Unit Development which amends and supercedes Ordinance Nos. 75-10 and 80-10, the prior Foxfire Planned Unit Development, to show on the Master Plan the parcel lines to the maintenance building parcel known as platted Tract 9 of the Foxfire Unit Three Subdivision at the northwest corner of the project in Tract B Low Intensity Multi-family Residential Development and establish setbacks and clarify the height limitations for the maintenance building. The subject property, consisting of 385+/- acres, is 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. [Coordinator: Fred Reischl, Principal Planner] C. PETITION NO. NUA-PL20170002192 - Petitioner, RS Management Corp. of Livonia, Inc. requests a non-conforming use alteration pursuant to LDC Section 9.03.03.B. to allow the removal of 2 duplexes and replacement with 2 duplexes in the existing building footprints on Lots 45 and 46, Block 68, in the Naples Park Unit 5 subdivision. The subject property consists of .31 +/- acres of land located on the south side of 100th Avenue North in Section 28, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-B Coll%r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION —ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 26, 2017 SUBJECT: PDI -PL -20160003062; FOXFIRE PDI PROPERTY OWNERIAGENT: Owner: Foxfire Community Association of Collier County, Inc. 1030 Kings Way Naples, FL 34104 Agent(s): Frederick E. Hood, AICP Davidson Engineering, Inc. 4365 Radio Road; Suite 201 Naples, FL 34104 PLEASE NOTE: Foxfire Community Association of Collier County owns the subject tract of the Foxfire Planned Unit Development (PUD). Other owners that are not participating in the process include more than 900 private owners. The petitioner requests that the Hearing Examiner approve an insubstantial change to the Foxfire PUD to show on the Master Plan the parcel lines to the maintenance building parcel, known as platted Tract 9, which is a portion of the Foxfire Unit Three Subdivision, located at the northwest comer of the project in Tract B Low Intensity Multi -family Residential Development, and for the Hearing Examiner to approve the new development standards for the maintenance building parcel establishing setbacks and building height limitations in the PUD Development Standards for Tract B identified as Golf Course Maintenance Facility. GEOGRAPHIC LOCATION: The subject PUD is located between Radio Road and Davis Boulevard, one mile east of Airport -Pulling Road in Section 1, Range 25 East, and Section 6, Range 26 East, both in Township 50 South, Collier County, Florida. (See location map on following page.) PDI-PL20160003062 Foxfire PUD Page 1 of 11 October 26, 2017 PURPOSE AND DESCRIPTION OF PROJECT: In a previous PUD Amendment, the golf course maintenance facility was inadvertently depicted in Tract B, not Tract E, creating a nonconforming use. In order to expand the facility, the subject PDI will make the facility conforming. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the maintenance building on the subject property: North: Radio Road ROW, across from which is a vacant parcel, currently under review for multi- family residential, with the density of the PUD at 4.4 DU/A, with a zoning designation of PUD (Briarwood PUD) East: Buffer along Radio Road, with the density of the PUD at 2.43 DU/A, with a zoning designation of PUD (Foxfire PUD) South: Foxtail Court ROW, across from which are recreation facilities, with the density of the PUD at 2.43 DU/A with a zoning designation of PUD (Foxfire PUD) West: A car wash and storage buildings, (no density associated with commercial zoning) with a zoning designation of Heavy Commercial (C-5) PDI-PL20160003062 FoAre PUD Page 3 of 11 October 26, 2017 STAFF ANALYSIS: It should be noted that the location of the existing golf maintenance facility was designated fire station within the Master Plan contained within Ordinance #81-68; however, that same location was designated golf course maintenance area within the Master Plan contained within Ordinance #84-49. The location was designated golf course maintenance area again within Ordinance #84-50. In Ordinance# 93-31 the area was called out as a golf course maintenance location, but was included within a residential development area, with no text provision to recognize the golf course maintenance use. The proposed PDI is designed to correct this specific inconsistency. Review of the past versions of the PUD shows the location was always contemplated as a nonresidential use, first as a fire station, then to a golf maintenance facility, as the current use represents. Within the changes provided for in the 1993 update, the golf course facility was identified at its current location, but included within the residential designation area without providing for text to authorize that use or dimensional standards that would apply. The PDI will provide text for the use authorization at the current location and standards for development compliance. PDI-PL20160003062 FoAre PUD Page 4 of 11 October 26, 2017 Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Foxfire PUD, it is consistent with the Future Land Use Element (FLUE) of the GMP. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents. There is no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Documents. Therefore, there is no issue with consistency. Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each criterion of 10.02.13.E.1 have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, the proposed amendment is to increase the size of the golf maintenance structure while keeping the same acreage. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. PDI-PL20160003062 Foxfire PUD Page 5 of 11 October 26, 2017 f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers, which were not anticipated when the principal uses were originally adopted. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19) will not be required. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s)10.02.13 E.? Based upon the analysis provide above, the proposed change is not deemed to be substantial. PDI-PL20160003062 Foxfire PUD Page 6 of 11 October 26, 2017 Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed changes do not affect the original analysis and findings for the original application (see Findings of Fact, below). FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. PUD Findings: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD Amendment and believes that the increase in size of the Golf Maintenance Facility is compatible within the PUD. The addition will not have an effect on traffic and other infrastructure. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Unified control was established at the time of rezoning and continues through the present ownership. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has determined that this amendment to add a larger Golf Maintenance facility does not affect the PUD's consistency with the GMP, therefore, staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility ofproposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed change permits the increase of the Golf Maintenance Facility. Staff believes that the approval of this amendment will not cause any compatibility issues, since the facility already exists. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The Applicant proposes an increase in the size of an existing Golf Maintenance Facility without PDI-PL20160003062 FoAre PUD Page 7 of 11 October 26, 2017 increasing the parcel. Required open space of the PUD will not be affected. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. It is staffs opinion that the increase in size of the maintenance facility will not affect public or private facilities beyond what was approved in the existing PUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The current PUD was found consistent with the GMP and compatible with the neighborhood. The addition of the proposed permitted uses is compatible with the existing uses. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed amendment, if the change is approved, will be consistent with the PUD regulations. Rezone Findings: LDC Subsection 10.02.08.F. states, "When pertaining to the rezoning of land, the report and recommendations from the Planning Commission to the Board of County Commissioners ... shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. The proposed use (a golf maintenance facility with an increased size) is consistent with the uses in the Future Land Use Element. Staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern. The existing land use pattern was reviewed and approved at the time of the original rezone. The proposed amendment will not substantially alter that pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. No isolated districts will be created through this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This amendment will not affect existing district boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The applicant states that increased golf course maintenance make the larger facility necessary. PDI-PL20160003062 Foxfire PUD Page 8 of 11 October 26, 2017 6. Whether the proposed change will adversely influence living conditions in the neighborhood. A golf course, and maintenance facility, is generally compatible with the residential uses in the PUD. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traff c deemed incompatible with surrounding land uses, because ofpeak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Transportation staff reviewed the PUD and found the Level of Service acceptable. 8. Whether the proposed change will create a drainage problem. The PUD is required to meet South Florida Water Management District standards and therefore, will not create a drainage issue. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The site planning process, PUD dimensional standards, and LDC requirements will ensure that light and air circulation are not seriously affected. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by many factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Since the Briarwood PUD is existing, including residential uses, the proposed amendment should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The remainder of the PUD has been developed within the parameters of the existing allowable land uses; however, the addition of institutional uses to the current permitted uses will be consistent with the uses in the Future Land Use Element. PDI-PL20160003062 Foxfire PUD Page 9 of 11 October 26, 2017 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density, and intensity of land uses deemed to be acceptable throughout the urban -designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are other parcels in the County suitable for maintenance uses. However, the existing golf course for Foxfire requires maintenance. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project requires minimum site alteration, since the facility already exists. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County staff who is responsible for jurisdictional elements of the GMP as part of the PUD process and staff has concluded that the Level of Service will not be adversely impacted with the commitments contained in the PUD Document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (Board) shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM)• The applicant conducted a NIM on July 11, 2017 at Foxfire Golf & Country Club, 1030 Kings Way, Naples, Florida 34104. A NIM summary is attached. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on October 11, 2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20160003062 and forward the petition to the Board (BCC) for affirmation. PDI-PL20160003062 Foxfire PUD Page 10 of 11 October 26, 2017 PREPARED BY: od//'' _ 57 FRED CHL, NCP, PRINCIPAL PLANNER DATE ZONIl�(G DIVISION REVIEWED BY: /o-IZ-i7 RA D V. BELLOWS, ZONING MANAGER DATE ZONI DIVISION APPROVED BY: MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION PDI-PL20160003062 Fore PUD October 26, 2017 CAr County • COLLIER COUNTY GOVERNMENT 28M NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252.6353 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E & Code of Laws section 243-2-90 Ch. 3 63 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 To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION lo Name of Applicant(s): FOxflre Community Association Of Collier County, Inc. Address: 1030 Kings Way city, Naples State: FL ZIP: 34104 Telephone: 239.643.3139 Cell: Fax: 239.643.6282 E -Mail Address: dshea@foxfirecc.com NameofAgent: Frederick E. Hood, AICP Folio p:"'esa.oaH.xnssaawm.ssmsaoros Section:6 Twp: 50 Range: 26 Firm: Davidson Engineering, Inc. Address: 4365 Radio Road, Suite 201 city. Naples state: FL ZIP: 34104 Telephone: 239.434.6060 cell: Fax: 239.434.6084 E -Mail Address: fred@davidsonengineering.com 6/17/2015 Page 1 of 5 Comer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE . GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? X Yes ❑ No ❑ 1. If applicant Is a land trust, so indicate and name the beneficiaries below. Q 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ S. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ 6. If applicant is a contract purchaser, attach copy of contract, and Indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) See Attachment "A" for the Disclosure of Interest information. 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.I. See Attachment "B" for the Project Narrative & Detail of Request. PROPERTY INFORMATION PUD NAME: FOXFIRE ORDINANCE NUMBER: 83-31 FOLIO NUMBER(S): 33830040003,33885880007,33885840005,33885760008,337854400D4,33786400002,33885840009 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. See Attachment "C" for the Legal Description. Attach on a separate sheet, a written description of the map or text change. 0 Does amendment comply with the Growth Management Plan? N Yes ❑ No 6/17/2015 Page 2 of 5 .54'r County • COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.ne[ (239) 252-2400 FAX: (239) 252-6358 If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes ❑E No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or ❑E DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes ❑d] No If yes, please describe on an attached separate sheet. • 1] 6/17/2015 Page 3 of 5 CoCuy COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier¢ov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252.6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 6.3 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 NOT REQUIRED REQUIRE Completed Application (download current form from County website) 16 x Pre -Application Meeting notes 1 x Project Narrative, including a detailed description of proposed changes and why amendment is necessary 16 x❑ ❑ Detail of request x Current Master Plan & 1 Reduced Copy 1-1 1XI ❑ Revised Master Plan & 1 Reduced Copy Li x U Revised Text and any exhibits xLi I PUD document with changes crossed through & underlined x El I PUD document as revised with amended Title Page with Ordinance M x Warranty Deed x Li I Legal Description - Attachment"C' x Ll I if bounds of original PUD is amended Boundary survey, boundary x If PUD is platted, include plat book pages x ❑ List identifying Owner & all parties of corporation 2 x Affidavit of Authorization signed & notarized 2 x Completed Addressing Checklist 1 x Copy of 8 K in. x 11 in. graphic location map of site 1 x 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. LI x❑ ❑ '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. a • • 6/17/2015 Page 4 of 5 Cot Y County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director Utils Engineerin : Kris VanLengen Parks and Recreation: Vick Ahmad Emergency Management: Dan Summers Naples Air ort Autharl : Ted Solida Conservanc ofSWFL: Nichole Ryan Other: LJ I City of Naples: Robin Singer, Planning Director O[her: FEE REQUIREMENTS PUD Amendment Insubstantial (PDI): $1,500.00 Pre -Application Meeting: $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $926.99 $1,125 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Planning and Regulation • ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 0 L--1 -" - Applicant/Owner Signature Frederick Hood, AICP, Davidson Engineering, Inc. Applicant/Owner Name (please print) 11/1/2018 Date 6/17/2015 Page 5 of 5 AFFIDAVIT OF AUTHORIZATION I, Anne Marchetti (print name), as President. (title, if applicable) of Foxfire Community Association of Collier Counri Inc., (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner,_ applicant_ contract purchaser _ and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the refererls property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, Conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Weill authorize Davidson Engineering. Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether Computer generated or County printed, shall not be altered. Applicant further understands that it Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. "Notes: • • If the applicant is a corporation, then it is usually executed by the corp. pre$. or v. pres. • If the applicant is a Limited Liability Company (L.L.C) or Limited Company (L.C), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format far that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In It are true. l Signature STATE OF did COUNTY OF n., ll,'e 2 Anne- /"I /"tJPVAe /7 Printed Name The foregoing instrument was sworn to (or affirmed) and subscribed before me on '-k+hLx o7U rL (date) by A_m fn MCW,rJ, � ` (name of person providing oath affirmation) asJL"rca ; -sr [ who is personally known to me or who has produced (type o identification) as identification. PAMELA JEAN CANNON NOTARY PUBLIC STATE OF FLORIDA STAMP/SEAL ESI 0118=19 Ignatureof Not ryPublic DE Dnv E • ATTACHMENT "C" Legal Descriptions Cl ALL OF FOXFURE UNIT TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 97-1DO, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (FOXIFRE GOLF COURSE). FOUO NO.33885680007 ALL OF TRACT 9 OF FOXFIRE UNIT THREE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 101-103, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (MAINTENANCE SITE). FOLIO NO. 338856401305 ALL OF TRACT 8 OF FOXFIRE UNIT THREE, ACCORDING TO THE PLATTHERFOF AS RFCORDED IN PLAT BOOK 13, PAGES 101-103, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (COMMON AREA). FOLIO NO. 33885760008 PARCEL "A" FOXFIRE UNIT THREE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 101-103, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (RECREATION PARCEL). FOLIO NO. 33785440004 & 33785400002 LOTS 34 AND 35 BOCK "E" FOXFIRE UNIT ONE, ACCORDING OTTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 84-86, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (PARKING LOT PARCEL FOR OVERFLOW PARKING). PARCEL "C" OF FOXFIRE UNIT THREE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 101-103, PULIC RECORDS OF COLLIER COUNTY, FLORIDA (DRAINAGE EASEMENT). FOXFIRE: Attachment "C". Legal Deuription November 2016 www.davidsonengineering.com iwM.<C`'ti.t�. 1MiHwnRy, , .a S+it^ansv .�, .. i , i � ., ... , , ,. •- _ tcYq,: rw.,:.. ..• . �. � � RBCO . $+3:00. CONS $'.50 WARRANTY acro . t►ROM CORPORATION. RAMCO FORM e� 0 This Warranty Beed blade and executed ilio 14th day of May A. D: 1987 by U. S. Home Corporation. a Delaware corporation a corporation exislinti tinder the l"tes'of i and !Inning its principal place of inisiness of 1177 West Loop SCIA0110411$ton, TX 77001 " hereinafter called Ilia grantor, to Foxfiie Community Association of Collier County, Inc.. a Florida Ciuli/�sooARARN address is 1030 Kings Way, Naples, Florida 33942 hereinafter called Ilia granfee: (Wheeevrr uwd herein the lean. Tasman and " waw°" inelude all the -►anter t. MI. inurumenl and 16e heir, trial repr—nia0t. and mden, v(* imtirideat% and the turre.— .nd auie , of eotynwdom) Wintsseth: Thal the (frontier, for and int consideration of the sum of 510.00-=- and other valuable eoniticirmilons. receipt whereof is hereby acknowledged, by these presents does great, bargain, sell, alien, ramiee, release, convey and confirm unto Ile granter, all that certain land situate in Collier County. Florida. vi:: All those Parcels described on Exhibit "A" attached hereto and made a part hereof. TOGETHER with all of the grantor's interest in and to those certain Golf Cart Path Easements as described on Exhibit "B" attached hereto and made a part hereof. Together with all the wise appertaining. To Vaut and to And the grantor hares y simple; that iI has good rt ti 1 rants the #file to said land and that Bald land Is (coo December 31. 1986, (CORPORATE SEAL) ATTEST:.._.. St. sealed Received $ e ��-Documentary Stamp Tax Received $ Class "C" Intangible C.L#r -Personal Property Tax COLLIER AZNTY CLERIC OECOIMS thereto belonging or in any, is yawitilly aolsed of said hind in foe lay fd land; that it hereby fully war - 64 l claims of all persons whomsoever; a ex t t accruing subsequent to 1A ante, rest i d reservat:,i`on®•'.of";jrecor In rNE trtof the grantor has ootiRod' Ihes� prams b be executed In Its name, and Its corporvita soul to be AenwnJo afflxed,'&)F,h* proper officers Iheraunlo duly authorised, she day and year fint•oboue wriflere. of: AT$ FLORIDA LINTY COLLIER v 1 TIER Y CERTIFY that an thfe day, belore me, a afrcer duly au1h.,Imd 1. the State and County 0onmld w Sake eehnowledamrnu, .-L JAMS E. TACKETT-, D.IV. VICE PRESIDENT DIV %vH known w me In be Ih.VI CE Pmident ad" "Wedeele, of the w immi m named ate grantor In the Impina deed, and that they eeveraay 4kt(q�j(edRed:eareutigif the male In the Pwtenre of two rula"ItAnel WImatR, freely and "IemiullY under authadly, duly vexed In them by. uWeorAmdon ane Uut the !&Iaffimd thereto 1, the Inn eerporate ted m mid mrlarsdon. WITNESS my hand and WfIrfal vd' in! the Counlyand'Smu feet stanmld this 14th d,y.i ay , A. D. 19 87 ",. 1OTAS•Y FORIC`fTAFE OF FLIMIDA RY CORS2SS1011 UP JOLY 22.1989 L�j -P My Commission Expire miff TMIm GER "I IRs. 1110. !lits iminitnetil pxpnrrd Ly, Notary Public W NAL ) Aiiika R. M. Vogel. Esquire, 3936 Tamiami Trall North, Suite A. Naples. Florida 33940 PREPARATION ONLY WITHOUT OPINION. O cz 0 0 N cc • 0 ,s . � 1 _ WILBON • MILLER • BARTON • BOLL 6 PEEK, INC. ov ENGINEERS PLANNERS SURVEYORS ) 1363 AIRPORT -PULLING ROAD NORTH, NAPLES. PLOPIDA 33948.9966 Ie131643.4545 Foxfire Community Homeowners Association Common Area Item No. 1) outlots A and B of Foxfire Unit one as shown on (P.B. 13, pages 84-86) Public Records of Collier County, Florida (Drainage Easements). 2) Ali of'Foxfire Unit Two according to the plat thereof as recorded in Plat Book 13, pages 97-100, Public Records of Collier County, Florida (Foxfire Golf Course). 3) Parcels B a C of Foxfire Unit Three as shown on (P.O. 13, pages 101-103) Public Records of Collier County, Florida (Drainage Easements). 4) Lot 18,,Block "G" Foxfire Unit Three according to the plat thereof as recorded in P.B. 13, pages 101-103, Public Records of Collier County, Florida (Park Site). 5) Drainage Easement Lake "L" of Foxfire Unit Three according to the plat thereof as recorded in P.B. 13, pages 101-103, Public Records of Collier County, Florida (Drainage Easement). 6) Lot 60, Block "F" Foxfire Unit Three according to the c plat thereof as t�P.B. 13, pages 101-103, C� c Public Record "A' y, Florida (Common Area) . GQ G rn 7) All of Tr t re nit h e according to the ;Kcc plat their of a or d P. 1 , pages 101-103, Public R o orida (Common Area). 8) All of T r Un t T e according to the plat the r n , pages 101-103, Public Re ' s of Collier ou t a,lorida (Maintenance site). Q 9) All of Lots , 22, 23 G d 25 of Block "F" of Foxfire Unit the plat thereof as recorded in P.B. 1-103, Public Records of c� Collier County, Flor a Sewage Treatment Plant). G1 o X3 CM 18) 84-86)Parking Lot 4Block ParcelFoxfire overflowone (P.B. 13, pages 19) Parcel "A" Foxfire Unit Three (P..B. 13, pages 101-103) Recreation Parcel. " "t! _. :'� a.+„ , �=�'��1;3ro'.°.�::4s;.v,ra� . ; � `t'i fl/si;;�. l4R1M�.5tr• rM1 r.. ' Golf Cart Path Easements as follows: 10) Part of Tract'3 of Foxfire Unit Three (P.O. 13, pages 101-103) Public Records of Collier County, Florida. Exhibit I, Legal Description and shown on WMBS&P Inc. drawing #2C=47.7 enclosed herewith. 11) Part of Tract 6 of Foxfire Unit Three (P.B. 13, pages 101-103) Public Records of Collier County, Florida. Exhibit 2, Legal Description and shown on WMBS&P Inc. drawing #4C-440 enclosed herewith. 12) Part of Tract6 of Foxfire Unit Three (P.B. 13, pages 101-103) Public Records of Collier County, Florida. Exhibit 3, Legal Description and shown on WMBS&P Inc. drawing #4C-440 enclosed herewith. 13) Part of Tract 6 of Foxfire Unit Three (P.B. 13, pages 101-103) Public Records of Collier County, Florida. Exhibit 5, Legal Description and shown on WMBS&P Inc. drawing #4C-401 sheet l.enclosed herewith. 14) Part of Tract 7 of Foxfire Unit Three (P.B. 13, pages 101-103) Public Re Collier County, Florida. Exhibit 4, Lega i nd shown on WMBS&P Inc. drawing #,C-3 closed herewith. ocoM PC cc �C o NE CLR c � eS EXHIBIT "B"Z' C co 0 M w 0 J • • 0 • • K] JN1"•�'I'�Rs4+F?. '',y.};xo: 2�;•;;�m,'oin,•: WILSON . MILLER " BARTON . BOLL IS, PEEK, INC. ENGINEERSPLANNERS SURVEYORS team.RP -P"U4 . R.0 NO NPPLM F'r A 3i9aG9eea Isial ea3ieLe EXHIBIT 1 Legal description of proposed cart path easement located in part of Tract 31 Foxfire Unit 3, (P.Bi13, pages 101-103) Cal ler County, Florida All that part of Tract 3, Foxfire Unit 3, according to the plat thereof as recorded in Plat Book 13, pages 101-103, Collier County Public Records, Collier County, Florida being more particularly. described as follows, Commencing at the southwest corner of said Tract 3, thence along the west line of said Tract 3, North 0"-42'-44" West 720.00 feet to the POINT Of BEGINNING of the parcel herein described, C e thence continue along said west line North 0°-42'-44" West o 300.00 feet, _ thence North 89"-17'-16" East 10.00 feet, O "� thence South 06-42'-44" East 60.00 feat, m thence North 89'-17'-16" East 10.00 feet, -{Sit, _ thence South 0P-42'-44" East 80.00 thence South 89'-17'-16" West 10.00 feet, thence South 0"-42'-44" East 160.00 feet, thence South 89"-17'-16" West 10.00 feet to the Point of Beginning of the parcel herein described, subject to easements and hof record. WD6-�SIid .un le sa e W.0., 26830 :Ref: 2C-477 (LE gates January 90 e seal. WILSON, MILLER, BARTON, SOLL & PEEK, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS EXHIBIT 2 Description of part of Tract 6 of FOXFIRE UNIT THREE, (Plat Book 13, pages 101-103) Collier County, Florida (Cart path easement located in Fox Club Condo and Foxwood Condo 1) Commencing at the northeasterlymost corner of Tract 6 of FOXFIRE UNIT THREE according to the plat thereof as recorded in Plat book 13, pages 101-103 inclusive, Collier County Public Records, Collier County, Florida; thence along the easterly line of said Tract 6, South.050-29'-28" West 248.92 feet; thence continue along said easterly line in the following seven (7) described courses; 1. South 138-53'-19" East 329.67 feet; 2. southeasterly, southerly and southwesterly 163.24 feet along the arc of a circular curve concave to the' northwest, having a radius of 111.95 feet; through a central angle of 830-32'-52" and being subtended by a chord which bears South 278-53'-07" .West 149.16 feet; 3. South 690-39'-33" West 281.91 feet; 4. southwesterly 273.22 fe arc of a circular curve concave to the south ius of 245.00 feel, through a central 630-5 and being subtended by a chord which bea uth 378-42'-4 t 259.28 feet; — 5. South 058-45'-48" W fe ; 6. South 070-05'-03 s fe ; 7. South 160-51'-5 " e INT OF BEGINNING of the parcel herei d s r a thence continue s a d 1 e po th 168-51'-58" West 132.00 feet; thence North 038- 21" West 43. f e thence North 168- 8" East 70. thence North 530-4 " East 25.0 o the Point of Beginning of the pa erein des ; being a part of Tract 6 0 0 THREE; subject to easements and res. 18 du scord; containing 1552 square feet more or ess; the bearings used herein are based on said FOXFIRE UNIT THREE recorded plat, WILSONr"MILLER, BARTON, BOLL 6 PEEK, INC - Reg., n NC.Reg.,En naers and Land Surveyors o ;.,128outwe11,P.L.S. #3934 96t••vali4:-1unless embossed with the W. 0. 24076 Ref: 4C-440 (LS:kjd cart -2) DATE/1, AM4 IF Professional's seal.. O c C2 � N CD Ito RAYMONO W. MILLER. Pd.. WILLIAM L BARTON. Pt.. THOMAS R. PEEK, P.E. P.L.S.. W ILBUR M. CHRIST/ANSEN, F.L.S.. CLIFFORD H. SCHNE/0ER. 1.L / BENJAMIN C. PAATT, 0.E.. P.L3..CARL M. SOLL. FJ.i.. FERMIN A. DIAZ. F.E.. JOHN E. RDUTWLLL, P.L.S.. GARY L DANCA. GPA.. ALAN O. REYNOLALAJ..MK P--� • to WILSON, MILLER, BARTON, SOLL & PEEK, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS EXHIBIT 3 Description of part of Tract 6 of FOXFIRE UNIT THREE, (Plat Book 13, pages 101-103) Collier County, Florida (Cart path easement located in Foxwood Condo 1 and Foxwood Condo 2) Commencing at the northeasterlymost corner of Tract 6 of FOXFIRE UNIT THREE according to the plat thereof as recorded in Plat book 13, pages 101-103 inclusive, Collier County Public Records, Collier County, Florida] thence along the easterly line of said Tract 6, South 050-29'-28" West 248.92 feet; thence continue along said easterly line in the following seven (7) described courses; 1. South 130-53'-19" East.329.67 feet; 2. southeasterly, southerly and southwesterly 163:24 feet along .the arc of a circular curve concave to the northwest, having a radius of 111.95 feet, through a central angle of 830-32'-52" and being subtended by a chord which bears South 270-53'-07" West 149.16 feet; 3. South 690-391-33" Wes 4. southwesterly 27.3.2 .al c of a circular curve concave to the sou , having a of 245.00 feet, _ through a central a o 630-53'-4 a d being subtended by a chord which be rs S 40" 259.28 feet; 5. South 050-45'-4 at 1 fee 6. South 07"-05'-0 " 7. South 160-51'-5 " e t311.12 f t e INT OF BEGINNING of the parcel herein �J H thence continue said see a ne th 160-51'-58" West 100.00 feet; •J thence North 050- 0" West 26: thence North 160-5 " East 50.50 thence North 390-00' t 26 to the Point of Beginning of the parce ed; being a part of Tract 6 of sa UNIT THREE; subject to easements and restrictions of record; containing 752 sgaure feet more or less; the bearings used herein are based on said FOXFIRE UNIT THREE recorded plat: WILSON, MILLER, BARTON, SOLL'& PEEK, INC. Reg."'Engineers and Land Surveyors By z —.' jaoutwell, P.L.S. 93934 Not val,idivi?less embossed with the W.O:. 24676 Ref: `4C-440 (LS.kjd cart -path) DATE 49p,7, & /W4 4 Professional's seal'. O c � o W N C3 oa X m J RAYMOND W. MILLLR. P.C.. WILLIAM L. CARTON, P.C.. THOMAS R. PCOM. P.C.. P.L.S. . W ILBYR M. CHRISTIANSEN. P.L.S.. CLIFFORD". SCHNCIDCR. P.L. LCN,AMIN C. PRATT. At.. P.L.S.. CARL H. BOLL. P.Li.. VERMIN A. OIAZ. P.C.. JOMN L. CONTWCLL. P.L.S.. OARV L. DANCA. C.P.A.. ALAN D. RCVNOLD% A.ILP. ..."'."'."'�bAtT.LW1'rISCJY"kiAi+a►Y+nf+.say,;c4ilurnisi✓moi','fiilrX,.'fi•'.istiJ>...^s:I.�..,,.�..._...'-+a...F+�r.tillur,u..IhSIrM^".. ... _...._...,..__.. ....., ,.. .� •_, ,�;s,�.� WILSON MILLER • BARTON • BOLL 6 PEEK, INC. s ENGINEERS PLANNERS SURVEYORS 9383 AIRPORT_PLLLV4G FIDAD NORTK NAPLES. FLORIDA 3384E-8988 18131 843-4545 EXHIBIT 4 Description of part of Tract 7 of FOXFIRE UNIT THREE (Plat Book 13, pages 101 through 103) Collier County, Florida Golf Cart Path Easement Commencing at the northeast corner of undivided Tract 7 of FOXFIRE UNIT THREE according to the plat thereof as recorded in Plat Book 13, pages 101 through 103 inclusive, Collier County Public Records, Collier County, Florida; thence along the west right -of -ray line of Foxtail Court and along the east line of said Tract 71 southwesterly, 84.55 feet along the arc of a circular curve concave to the southeast, having a radius of 50.00 feet, subtended by a chord which bears South 390-21'-04" West 74.83 feet to that point on said west right-of-way line of Foxtail Court which lies 56.00 feet southerly of (as measured at right angle to) the north line of said undivided Tract 7; thence parallel with the north line of said undivided Tract 7, South 879-47'-50" West 428.39 feet; thence South 780-42'-04" Was 6 fee thence the POINT OF thence South 49°-54'-05" i BEGINNING•of the easem J thence South 480 0" East 1 set to the boundary of said Tract 7; thence along s i b a 49 5'-05" West 20.23 .feet; thence leavin o - 3'-50" West 154.28 CD ?c CD feet; North ' 57 f to the boundary of CD 'Said Tract 7l t't thence along s boundary No ° -OS" East 20.00 feet; thence leaving i oundary Sou -05'-55" East 56.00 feet to the Point nni easement herein described; NF 1Z subject to' easements and re ` a of record; containing 0.10 acres more or less; the bearings used herein are based on said plat of Foxfire Unit Three. WILSON, MILLER, BARTON, BOLL 6 PEER, INC. Aegt Engineers and Land Surveyors -.J-, DATETdtC.•l�.. ` 0 jP . 40owill, NotYvAhd.lunless embossed with the Professional's seal. Ref:6-388 - 4C-398 (D-398) t7EB:kjd cart -path Gate t ..March 19, 19.87 0 0 rt CD co 0 0 C 0 w 421 RAYNgND W. ML"A R".' W"IAM L. °AAMN. R!. • "CM" R. PEEN. AE. RLS. • % ABUA M. CIRGr ANWN' P18. • CLPFCRD K "CI "VNR. P.C. IW BEAH.N 6 PRATE RE. RL& • 80U_RL N. 80. RLS. • FWAMN A. 01AZ. PC • JOHN E. "OUTWELL PLS. ' DAR• Y L. CANCA CAA • ALAN C? AEYNCLO°. A tCR Fore NAym. ftmd• 18131337-0811 y� •.. n—`•°,W.�i.Yitll�d`?•`� ._. .. ...._� , di..\rL.:.u:.>'Yt::1n.:Nriw.. :il51Yi7���rUd��..� .. ......, r+....... ._v.,. -.. .....,,,N �l If' • L' • • ,r "wry gF^:1.'l.•. 'yE J• �i . ..�nfp �?"61 i.' .. WILSON, MILLER, BARTON, SOLL & PEEK, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS EXHIBIT 5 Description of part of Tract 6, FOXFIRE UNIT THREE, (Plat Book 13, pages 101 through 103) Collier County,,Florida (CART PATH EASEMENT) Commencing at the northeasterly most corner of Tract 6, FOXFIRE UNIT THREE according to the plat thereof as recorded in Plat Book 13, pages 101 through 103 inclusive, Collier County Public Records, Collier County, Florida; thence along the easterly line of said Tract 6 South 050-291-28" West 248:92 feet to the POINT OF BEGINNING of the parcel herein described; thence leaving said easterly line South 83"-30'-00" West 46.07 feet; thence South 870-471-50" West 176.94 feet; thence .North 890-00'-00" West 119.03 feet; thence North 680-00'-00" West 18.96 feet; thence North 450-00'-00" West 24.04 feet; thence North 230-001-00" West 13.09 feet to the westerly line of said Tract 6 ���q�' thence along said we- 020-121-100 02°-12'-10" West 42.25 feet; r thence leaving sa sterly line 230-00'-00" East 49.67 feet; thence South 450 0 - a 7 f t; thence South 68 -0 ' " tf o thence South 89 - ' 5 t; o thence North 87 - ' 5 E s e ; — thence North 83 .6 e o the easterly line W N of said Tract 6 ® C" thence along sai sterly line 29'-28" West 15.33 :Keo feet to the Poin Beginning o cel herein described; being a part of Tract aid FOXFIRE THREE; subject to easements and cords containing 0.14 acres more �L the bearings used herein are b d said FOXFIRE UNIT THREE recorded plat. WILSON, MILLER, BARTON, SOLL & PEEK, INC. Reg,i,;iE gineers and Land Surveyors o aY DATE Q� Z3 /%�.r G o 'i HfjOtwell, P.L.S. #3934 M w cJn less embossed with the Professional's seal. Refs'' .. r.- 401 ( LS: kd cart -path) •�� ���1rR, K.'IIIr �A� EOVN/T�w ' RAVMONDW.MILLER.P,E. 0WILLIAM L{ARTON, Pd. . THOMAS IL PEEN. P.E., P.L.S- •W/LSURM.CHRISTIANSEN, PAAS..CLIFFORDN.SCNNEIOEII.P.E. OENJAMIN & PRATT. Pd.. P.LA. • CARL M. SOLA. PA,3.. PCAM/N A. DME. PSE. P JON" L. SOUTWELL. PALS. . "ARV L. DANCA. C.P.A. *ALA" D.REYNOLDS, M.V. ,x:F•tsr,,,_......•A••.-e..J.asu..a+..w.-..r........ e.. ....__ _ _ ...—_..... .. .. .,..�.. ., _ .4 SECTION IV TRACT B: LOW INTENSITY • MULTI -FAMILY RESIDENTIAL DEVELOPMENT 4.4.5 Golf Course Maintenance Facilities: A. Setbacks from the north and west PUD boundaries = 30 feet. Buildings shall be setback a minimum of 50 feet from the eastern and southern boundaries, adiacent to Foxtail Court (from the northern edge of pavement). All existing structures shall remain in their current location and be considered consistent with the setback requirements of the PUD. All new development or redevelopment of the maintenance facility parcel shall meet the minimum setback requirements. B. A 10 -foot Type "A" landscape buffer shall be provided for the Golf Course Maintenance Facility on all property lines with the exception of the 15 -foot Type "D" landscape buffer required along Radio Road. Existing and planted vegetation (consistent with LDC approved vegetative materials) may be utilized in the provision of landscaping in said buffers. C. Maximum Height: Thirty-five (35) feet within 150 feet of any Tract A: Low Density Single Family Residential Development or Tract C: Low Density Residential Development, 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 Floodplain Management Ordinance formerly known as Flood Elevation Ordinance, whichever is greater. r Words underlined are added and words ctm,akthru are deleted. FOXFIRE CObfNUNIIY ASSOGAIION OF COLLIER CDUPd1Y �.j j:� ii�Wa40 CSt�tC] E ..PLWa --ir 60 001 is T— or - t --- tvILSO\ _ 'MILLER BARTON & PEEK INC. aaoo _ �. 15tai EXHIBIT "A' ez.xit 0 0 0 Planning - a Z &Landscape _ I. —•W N Ir Arcnilect.re w m o Division z _ t LAND USE SUMMARY ^ Tract 'A': Low density single-family w: residential 80.7 acres Tract 'B': Low density multi -family I resldentlal t 68.8 acres Tract 'C': Low density residential t 9.7 acres Tract -0-: Mester Waste Water - V " Pump Station z t.3 acres ! - ^,•, TaclF''E': Commons Areas/ C �1 I-� 6 ' Golf Course t 223.7 acres =_ TOTAL: 384.1 acres Y — -1 l — a.c a W C-. Y ,r_ Y Q J — _ N O J a _ — r = .a sN f; • sGLLE aaoo _ �. 15tai EXHIBIT "A' ez.xit 0 0 0 AOA r FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY 1030 KINGS WAY NAPLES, FLORIDA 34104 (239) 643-3139 FAX(239)643.6282 ATTACHMENT "A' DISCLOSURE OF INTEREST BOARD OF DIRECTORS (2016 — 2017) Anne Marchetti- President ownership 1/931 Bill Wright — Vice President ownership 1/931 Linda Bryden —Treasurer ownership 1/931 Bruce Cole — Secretary ownership 1/931 Ken Bills — Director ownership 1/931 Jim Dettman — Director ownership 1/931 Charlie Hart — Director ownership 1/931 n K] DE DAVIDSON ENGINEERING Civil Engineering • Planning • Permitting www.davidsonengineering.com MEMORANDUM July 11, 2017 TO: Fred Reischl, FROM: Frederick Hood, Senior Planner Jessica Harrelson, Senior Project Coordinator RE: FOXFIRE PDI - PL20160003062 The Neighborhood Information Meeting for the FoxfJre PDI (PL20160003062) was held on Tuesday, July 110, 2017. The meeting began at 5:30p.m. and was held at the Foxfire Clubhouse, located at 1030 Kings Way, Naples, Florida, 34104. LIST OF ATTENDEES ASSOCIATED WITH THE PDI APPLICATION: • Fred Hood, Davidson Engineering • Jenna Woodward, Davidson Engineering • Jessica Harrelson, Davidson Engineering • Fred Reischl, Collier County • Donald Shea, General Manger, Foxfire Community Association of Collier County, Inc. PRESENTATION: o Good evening. My name is Frederick Hood with Davidson Engineering and I am the land development consultant representing the applicant, Foxfire Community Association of Collier County, Inc. for the Planned Unit Development Insubstantial Change (PDI) submitted to Collier County. o Per the land development code, tonight's meeting will be recorded. At the end of my presentation I will be happy to answer any questions you may have about the PDI. 4365 Radlo Road suite 201 • Naples, FL 341N - P: (239) 434.6060 - F: (239) 434-6084 199OMaln Street Suxe750 Saresots,FL34236 P:(941)3093180 D�E o Here with me tonight are Jenna Woodward and Jessica Harrelson with Davidson Engineering (our project engineers and project coordinator) and Donald Shea, Foxfire's General Manager. o Fred Reischl with the Collier County Growth Management Department is also in attendance tonight and is the reviewing planner for Collier County. o The foxf re development is approximately 384.21 acres and is situated between Radio Road to the north and Davis Boulevard to the south just east of the intersection of Livingston and Radio Roads. o The specific property that is the subject of the PDI application is the Maintenance Facility platted parcel that is located at the northwest corner of the property; along Radio Road. o The Foxfire development is zoned as a Planned Unit Development (PUD) pursuant to Ordinance 84- 49, as amended by Ordinance 93-31. o The development is approved for a maximum of 935 residential units, which Includes single-family • and multi -family uses, golf courses, common areas and the associated infrastructure. o The intent of this PDI request is to revise the Master Concept Plan to re -identify the existing Golf Course Maintenance Facility platted parcel that was removed from the master concept plan within the 1993 PUD ordinance and to add development standards for that specific parcel within Section IV of the Foxfire Planned Unit Development (PUD). o The addition of these development standards is to establish setbacks and height limitations that were never added from the beginning of Foxfire's development of the existing Golf Course Maintenance Facility platted parcel. o This PDI request, put simply, is to rectify and memorialize an already constructed land use's location within the PUD and provide the necessary development standards that will govern this specific parcel for any future redevelopment. 0 DAVIDSON ENGINkENING Oo Because this PDI is not affecting the density of the PUD, there are no proposed changes in traffic or any other adverse effects to the residents of the Foxfire or the local community at all. o The Maintenance Facility parcel will continue to be developed in accordance with the PUD Ordinance and the Collier County Land Development Code. o Upon adoption of the PD1 by the Board of Commissioners, a Site Development Plan for the maintenance facility parcel will move forward to update and modernize the existing maintenance facilities. QUESTIONS: 1. Is the cost of the maintenance parcel improvements in the reserved funds? Donald Shea Replied: The funds for the improvements have already been paid for. 2. Fred Relschl asked that Fred Hood explain the Hearing Examiner Process. • - Fred Hood explained the HEX and BCC processes to the attendees. 3. Will we continue to be updated on the progress? Donald Shea replied: Yes, information will be sent via email if you are on the email list. E Co er Cour,.ty Growth Management Department Zoning Division Comprehensive Planning Section To: Nancy Gundlach, AICP, PLA # 1244, Principal Planner, Zoning Services From: Sue Faulkner, Principal Planner, Comprehensive Planning Date: May 17, 2017 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PDI -PL -2016-3062 PETITION NAME: Foxfire Residential Planned Unit Development (RPUD) Rev.I (submission 3) REQUEST: To amend the 384.21 -acre Fox Fire RPUD to add new text under Section N, Tract B: Low Intensity Multi -Family Residential Development titled, "4.4.5 Golf Course Maintenance Facilities." The purpose of the . new Section N text is to add the existing golf course facility as a principal use in Tract W along with development standards that address setbacks, a landscape buffer, and the maximum height. This amendment is to also amend the master concept plan to designate the pool end overflow parking area situated in Tract 'A' as Tract 'E'; and the 40 -foot wide drainage easement that is identified as Parcel 'C' within Tract 'A' as Tract W. The applicant is proposing to designate the portion of Tract 'C' along Radio Road as Tract 'E' and update the master concept plan to show the existing and approved preserve area. LOCATION: The ±384.21 -acre site is located between the south side of Radio Road (CR 856) and the north side of Davis Blvd (SR 84), approximately one mile east of Airport -Pulling Road (CR 31), in Section 6, Township 50 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban, Urban Mixed -Use District, Urban Residential Subdistrict as depicted on the Future Land Use Map of the Growth Management Plan. This District is intended to accommodate a variety of residential and non-residential uses, including Plumed Unit Developments. According to the FLUE, the purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Foxfire PUD was approved for a maximum density of 935 multi -family and single-family dwelling units (2.43 DUTA gross density). The PUD Monitoring List currently shows Foxfire RPUD as built -out with 704 multi -family and 227 single-family units for a total of 931 dwelling units. This petition is for Insubstantial changes to the Planned Unit Development (PDI) to add new text under Section IV 4.4.5. to add the existing golf facility as a principal use with its development standards in Tract 'B' and update the master concept plan to relate changes to Tract'A', Tract 'C', and Tract 'E'. No changes to the PUD boundary, or in permitted uses, densities, or intensities we being requested. 0 2800 North Horseshoe Drive, Naples, FL 34104 Page 1 of 2 • • Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis (in bold). FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). (Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition.) FLUE Objective 7 and Relevant Policies Due to the minor changes proposed (no changes in permitted uses, densities, or intensities), and since the Foxfire RPUD was previously approved and is considered to be built -out, staff is of the opinion that an evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary. Based upon the above analysis, the proposed PDI may be deemed consistent with the Future Land Use Element of the Growth Management Plan. PETITION ON CITYVIEW cc: Mike Bosi, AICP, Director, Zoning Division David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Ray Bellows, Manager, Zoning Services Section PDI-PL2016-3062 Fox Fire R1 (submission 3).docx 2800 North Horseshoe Drive, Naples, FL 34104 Page 2 of 2 0 0 0 ,w. FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY E. MyAyS a10o,4E9Qi001 LAND USE SUMMARY ,Tract •A^: Low density single-family residential ± 60.7 acres ' Tract -8-: Low density multi -family residential t 66.B acres Tract 'C`. Low density residential ± 9.7 acres Tract "D': Master Waste Water Pump Station ± t3 acres 'Watt 'E': Commons Areas/ & 'P Go" Course 3 223.7 acres As— 304.2 acre, I EXHIBIT "A" wusoN MILLER BARTON & PEED, INC. Planning & landscape Afchitecl re Division rp... s...�r t.r.a..,wa ca.wwr, wan. Uawp �oycy co. -nm We�pe`r � N � ONvda owx TLH Dray ADR ha..n 1/2e/2] ear "1000 1 �102f13p�� EIVf� v ; m ORDINANCE 9�- 31 4►trtr/ 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 05015, 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. 4& S�CA�TARY '9i� Ole SIAM WHEREAS, Timothy L. Hancock of Wilson, Miller, Barton, Soll i Peek, Inc., representing the Foxfira 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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA; F " " � 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 Naps) Numbered 0501S, 0606N and 0606S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. 190K 061 PACE - 88' -1- SVCTIo� TWO, �.! Ordinance Number 81-68, as amended, known as the «Foxtire" PUD, adopted on November 10, 1961, by the Board of County Commissioners of Collier County is hereby repealed in •F its entirety. SECTION TEME: 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. ? PASSED AND DULY ADOPTED by the Board of County -a Commiauioners of Collier County, Florida, this day of 1993. ATTEST:BOARD OF COUNTY COMMISSIONERS q=dHT Z''- , CLERK COLLIER COUNTY, FLORIDA • `� •i e BY: Kill .�• : ` BURT L. SAUNDERS, CHAIRMAN AP• •r �jj`'i'�• FORM AND ,Sm CIENCY This ordinance filed with the Secretary of States Of flee the ' . �.��. 7i1'= .QG.Id.C.(,t:f._ aZ_ day of, Li�,�. K. - STWBNT and ocknow.ed9ement athat ' ASSISTANT COUNTY ATTORNEY fill recahrod this sal_ day PUD -93-5 nb/ 1 " 500K 061 PAGE 89 -2- DATE REVIEWED BY CCPC May 20. 1923 DATE APPROVED BY BCC -_ June 8. .1993 -ORIGINAL ORDINANCE. 081-68 ORDINANCE NUMBER BOOK 061 PAGE go FOXFIRE A PLANNED UNIT DEVELOPMENT BY U.S. HOME CORPORATION 6314 WHISKEY CREEK DRIVE SUITE D FORT MYERS, FLORIDA 33907 kk PREPARED FOR FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC. 1030 Kings Way Naples, Florida 33942 DATE REVIEWED BY CCPC May 20. 1923 DATE APPROVED BY BCC -_ June 8. .1993 -ORIGINAL ORDINANCE. 081-68 ORDINANCE NUMBER BOOK 061 PAGE go 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 Project 1. The subject property is within the Urban Residential land use designation as identified on the Future Land Use Map as required. in Objective 1, 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. S. 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 Uc2 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 dwelling units per acre and is in compliance with the Future Land Use Element of the Growth Management Plan. S. 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 TITLE This Ordinance shall be known and cited as the Foxfire Planned Unit Development Ordinance. i SOCK 061 i4E 91 INDEX 600K 061 PAGE 92 ii 1 t 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": f PUD MASTER DEVELOPMENT PLAN EXHIBIT "B": LOCATION MAP EXHIBIT "C": LOTS SUBJECT TO SECTION13.5 OF 771IS DOCUMENT; SPECIAL USE EXHIBIT "D": PROPOSED GOLF CART CROSSING 600K 061 PAGE 92 ii SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PSMPOSE 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. MPER O RSHIP 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. 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 500K C61 PKE 93 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 project is planned to be the lake retention type. Elevations within the project site range from 6.8 to io.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. ROOK 061 PAGE 94 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 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 shall be the same as the definitions set forth in the "Collier County Land Development Code". 2.3. PROJECT PLAN AND LAND USE TRACTS A. The project plot plan, including layout of streets and land use of the various tracts, is illustrated graphically. by Exhibit "A", PUD Master Development Plan. There shall be four (4) land use tracts, plus necessary ' street rights-of-way., the general configuration of which is also illustrated by Exhibit "A". 1. Tract A: Low density single-family residential (t) 80.7 Acres 2. Tract 8: Low density multi -family residential (t) 68.8 Acres 3. Tract C: Low density residential (t) 9.7 Acres 4. Tract D: Master Waste Water Pump Station (t) 1.3 Acres S. Tract E: Commons Areas/Golf Course & Tract F: (t) 223.7 Acres TOTAL (t) 384.2 Acres BOOK Qf 1 PAGE 95 2-1 B. Areas illustrated as Lakes by Exhibit "A" constructed prior to the effective date of this ordinance shall continue to function as constructed. Areas illustrated 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 DENSITY 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 APPROVAL RE UI EMMS Prior to the recording of the Record Plat, final plans of Che 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. OOOK 061 PAG: 96 2-2 " SECTION III TRACT A: LOW DENSITY SINGLE FAMILY RESIDENTIAL DEVELOPMENT 3.1. PURPOSEe 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. US99 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 (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 LOT AREA: Tract A-1 10,000 square feet Tract A-2 6,500 square feet 600K 061 PAGE 97 3-1 3.4.3. MINIMUM LAT 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. MINIMjM.YARD$: A. Front yard - 30 feet (Tract A-1) 25 feet (Tract A-2) B. Side Yard - 7.5 feet (Tract A-1) 5.5 feet (Tract A-2 C. Rear Yard - 30 feet. In the case of residential pools which are screen enclosed or unenclosed, rear yard setbacks may be reduced to 10 feet. D. All yards abutting a street shall be front yards. Four-aided corner lots shall have two front and two side yards. Five-sided corner lots shall have two front, two side, and one rear yard, with the rear yard being farthest from the abutting streets. BOOK QU1 1JE 98 f 3.4.5. MINIMUM FLOOR AREA: A. Onestory - 1,200 square feet of living area exclusive of patio and garage. B. Two story - 1,600 square feet of living area exclusive of patio and garage. 3.4.6. QFF-STREET PARKING REQUIREMENT$ As required by Collier County Regulations in effect at the time permits are sought. s 3.4.7. MAXrMUM HEIGHT Thirty (30) feet above finished grade of lot or from the minimum base flood elevation required by the Flood elevation Ordinance, whichever is higher. 3.5. SPECIAL USE Tract "A" Lot 18 of Block "G", and Lot 60, of Block "PO-' of unit #3 (Exhibit "C") shall be utilized for park, or open space only. SOCK Q61 PUE 99 3-3 ' SECTION IV TRACT B: LOW DENSITY MULTI -FAMILY RESIDENTIAL DEVELOPMENT The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Tract S, Low Density Multi -Family Residential. 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 and the PUD document prior to the issuance of any construction permit. A maximum number of 704 dwelling units may be constructed on Tracts B and C. 4.3. 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) Multi -Family Residences. B. Accessory 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. (3) Signs as permitted in division 2.5 of the Land Development Code. 4-1 800K C61 PAGE 100 4.4. REGM IONS 4.4.1. GENERAL: All 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 a 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. IWIMUM HEIGHT Four (4) floors of living area, with option of having one (1) floor of parking beneath the living area. 4.5. OFF-STREET PARKING REQUIREMENTS: As required by Collier County Regulations in effect at the time permits are sought. BOOK 061 PAGE 101 4-2 SECTION V tRACT C: LOW DFNSITY RESIDENTIAL DEVELOPMENT 5.1. 12URPOSE 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_ LLING UNITS Atmaximum number of 704 dwelling units may be constructed on Tiacts S 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, cluster attached, cluster 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. BOOK 061 PAGE 1.02 5-1 5.4. REGULAMMS i .411. Design Amroval To permit flexibility in the design of the residential clusters in conformance with the 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 cite plan indicating general building envelopes, lot or parcel configuration, parking and landscaping areas, and minimum setbacks shall be submitted for staff review and approval. 5.4.2. Off -Street Parking Requirements As required by Collier County Regulations in effect at the time permits are sought. 5.4.3. Maximum Height Thirty (30) feet above finished grade of lot or from the minimum base flood elevation required by the Flood Elevation Ordinance whichever is higher. BOOK 061 PAGE 103 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. 6.3. 2MWkJLQ 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 illustrated 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 stations. (2) Uses customarily associated with effluent storage tanks. HOK 061 PACE 104 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, 1965 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 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. 6-2 600K 061 PAGE 105 The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the Bite during -construction or due to past activities. 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 couroe of Oita 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 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 connection to t1* 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 shall be approved. 6-3 BOOK 061 PAGE 106 i. Access to Radio Road under the existing two lane condition shall incorporate a right -turn entrance 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 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 'at 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 development 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 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 of the Foxfire Community Association around the subject parcel where it abutts residential properties. BOOK U0 PAGE O7 6-4 SECTION VII TRACT E & TRACT F: COMMONS AREA/GOLF C06RSE 7.1. $URPOSA 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 nw. . 7.2. DEVELOPMENT A. The primary function and purpose of this Tract will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Further, these areas shall provide for the flood relief and drainage of the total project. B. Except in areae to be used for water impoundment and principal or accessory use areas, all natural trees and 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, br part thereof, shall be'erected, altered or used, or land'used, in whole or in part, for 1 -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. mx 061 PAGr. 108' 7-1 S. Small buildings, enclosures or other structures 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. H. 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.S 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 Development 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. All 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. BOOK 061 PAGE 109 7-2 7.5. U 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. ICWT Thirty-five (35) feet within iSo feet of any Tract restricted to thirty (30) feet or less in height, and forty-five (4S) 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 2S E shall be limited to one (1) building story: 7.7. MINIM[7M OFF-S�TR88T PAR&ING As required by Division 2.3 of the Land Development Code, or Collier County regulations in effect at the time of permit applidiation. 7.8. $gSCIAL USB 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. 6D0K Gf 1 PAGE 110 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 "F° 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 part 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 -df -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 5o 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. �+i►��' � 3tv1��M A minimum of 16.41 acres of pine flatwoods (25% of the golf course expansion area) shall be retained in its natural state. All 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 BOOK G`'1PAGEJJJ SECTION VIII DEVELOPMENT gTANDARDS 8.1. PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 8.2. 9 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 eewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88- 96, 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. the County and will be billed by the County in accordance with the County's established rates. A. Exhibit "A", PUD Master Development Plan,' illustrates the.proposed development. B. The design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may beat 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 600K 061 PAGE 112 8.4 . PROJECT nE MLQ M NT AND RAMEATIONAL FACILITIES The proposeddevelopment is illustrated by Exhibit "A". The proposed construction shall comply with the standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of cul - do -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. 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 palMettoe 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. All public street design and construction shall meet the Collier County standards that are in effect at the time of approval. 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 061 Past 113 8-2 8.8. MOTEMATER COLLECTION TRANSPORT LAND DISPQa�►t All project areas shall be served by a central wastewatet 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 Developers? 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. HATER 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.SOLI12 WASTE DISPOSAL Arrangements and agreements shall be made with the approved i solid waste disposal service to provide for solid waste collection service to all areas of the project. 8.11.OTH'ER UTTLTTTES Telephone, power, and TV cable service shall be made available to all residential areae. 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. PIC 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 000h i(PiwU1i4 beginning of land development, additional pavement will be constructed along Davis Boulevard and along Radio- Road at the entrance to Foxfire to provide leftiturn storage ;and right turn deceleration lanes for traffic entering Foxfire. Costs associated with this paragraph shall be included in the bonded improvements when the Plat is recorded. All 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. Accessory structures must be constructed simultaneously with or, following the construction of the principal structure and shall conform with the following setbacks and building separations. Structure to Accessory int, $l.RZ ` i" Structure structures - Single Family 301 10, 10, 10, Area (Only) 8.15.SIGNS All signs shall be in accordance with the appropriate ai111� County Ordinances. 8.16.;: NDSChR NCS FOR OFF-87"ftRER PARKINGI ARE_M All landscaping for off-street parking areas shall be in accordance with the appropriate Collier County Ordinances. 8.17. -PURIM, STORAGE OR USE OF MAJOR RECREATIONAL EOUIP-MSNL 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. BOOR G'618A15 K. - 8.18 -PARKING -OP COMMERCIAL VEHICLES IN RESIDENTIAL nRE&c A.- t it shall beunlawful to park a commercial vehicle on any lot in a residentially zoned district unless one of the following conditions exist: I ) 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. 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. B. MMUNITY 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 (xeric) . 8-5 600K 061 PAGE 116 Pine Flatwoods effectively cover the entire site. This classification has a canopy dominated by Slash Pine (Pinus elliottii var. densa), a typically sparse to absent midstory, and a ground cover of wiregrass (Artistida spp.), saw palmetto (Serena repens), or muscadine grape (Vitas 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 surras (Rhus copallina), fox grape (Vitis labrusca), dogfennel (Eupatorium capillifolium) and yellow -eyed grass (Xyris app.). 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 ariy area. Melaleuca (Melaleuca quinquenervia) is beginning to invade the site, but is not dominant in any extensive area,. C. NATIVE VEGETATION BUFFER AREAS Fux ION- Provide visual and noise buffer between building sites, roadways and adjoining properties. Tgg,M=s. 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. i• y*• 0 ",: FUNCTION* Preservation of an resource community. Retention rainy season, and a ground water as a water quality improvement unique recreation and aesthetic pleasure of project residents. 8-6 GOOK 061 PAGE 117 attractive natural of water during the recharge area as well facility. Provide experience for the TRS&=NT;. 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. B. PREARRY&TION ARRAS 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. 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 exception of maintenance 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. F. MOUND_ AND MUWATIONBUFF .R ALONG DAVIS BO MUM FUNCTION: Provide noise and visual buffer from traffic and adjacent properties. MUMEM! 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. FUNCTION: Location for structures. TRS&7H mt Retain maximum amount of vegetation with the exception of small areas for stockpiling fill. 8-7 600K 061 PAGE 118 FONCTION: Establishment ;of a pleasant; environment by the use of trees and vegetation that require a minimum amount of maintenance. TREATMENT: 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 clusters. Cluster 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. I. TJ%XE AREAS FUN_ CT19I Provide .water storage, recreation and aesthetically pleasing quality for the community. TRrATmmut on completion of construction, lake banks, will be revegetated with durable grasses to control erosion. J. a TENNUA/laTKEWAYs Sidewalks and bikeways shall be provided and constructed according to local County code and ordinances. E, n:xur�kaT. POLICIES FOND„:. Provide an' aesthetically pleasing' as well as functional environmental in general. i F Four classification fall into this category. 1. Faroe 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. eoox 061 PAGr 119 8-8 3. Disturbed areas: Upon completion of construction, ,all disturbed soils located within the =Commons/Golf Course Area shall be revegetated with i durable grasses to eliminate water and wind erosion. 4. Obnoxious exotica 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. 1.14 WATER H&H&QjMM 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 timd 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 Developers expense. This does not Vxclude 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 1, Township 50 S Range 25 E from Section 6, Township 50 8 Range 26 E, crossing 8stey Avenue as indicated on Exhibit E. BOOK 061 PAGE 120 8-9 T �. L mill --•r 11e""�111[1� • r» '- t. PROJECT LOCATION MAP t:. BOVA SPRINGS �, t0•nta KaCN NO LEVY EAt1lfpOT EEAOM •� •otau�� Was . oro TO FT. DYERS ' N jVINDERSU .rrc�rA< B CH ow+L u�Ecc PAL 0Nct+ !• E .woven wo TO IMUOKALEE r PAGENTS PARK !ti ... 0 WEE ll LOLL ' .._�IOf11.00f1�e:AV !1.0P YWCA • i f�O�T fEKi Tme At 0 YWEYMOL' I j MAKE$ k S TENNM$ *Lug tflccN + t• NAPLES i « d Fw WILDOWSS w1n10EMt 8 • Y Y$ GOLDEN Doctor: Pan Samos GATE !KA ATE ttAt • u11E GLAM PAW t GeflrEe LowoEwu PAIR Orf1t:E ' Docs � w A "NWAL At1rOrtT TA gIMM Wct ty Of E NArLes mot T4 uR" ONSE G r0� u If TNaIAAftaNal�. N.AT sm"C I" a Na Of MexicoGon°0a PAU 41 BOOK 061 PA GE 122 EXHIBIT "B" a v 50 seeRIGHT-OF-WAY ""•' wn is Is . t t f u610 ' PARCEL • 8 r ?4. Its ri �, � M I 8 .�,�; e• ir' tstr � y ; ,�_�u���s •, y.�J r s s : � ; .s. ,'I. 8 di $ r+`tt.y"�µ a "�MZ•9 a' , % �p v �t+re+�• � ao tc,� sM y�,.�, .ssa' .1 • '= wWRrt�f�• a �*�3f �' far ••stir ri• ♦� tib � •••i ,. 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'�. ;. f Al �i • .,.- � 1 . ♦ � t `S .:r Y ' r ry �' .. f t r � �f. t • a 3 1.' � t [fr ,.py ,S � ,-h- • '► •�• •t. •• •y� •! •' Jt I� •'•t••'%1;• 'yA � 'J�atj� •.•fit ? • .lid 61 v � .r'•a : "i i '� ' ,��+•,t�:w i.: 2 ;j' �".:, { t1 itw� :', f 10 /• ai •rv,,;rA� • •.•rte L • - / =•L J! • ;�{r., part of: �'i • ;.`vJ,bvy, >' • a'J> 1 - ��`I .� :•i tit�rpf 4? PLAT 800K 13 PAGE 10,E '�� "'� ,• y #�,�'` �„�','j " �. "• p+ BHEFT t OF 3 ' 7► �•`� ..: r. N ti4 tt ,\ ;' `!i ;:� �'. 'R ~+ ~`t , i a ms s' ''I!r S a' • E UNIT THREE , .,; •' . - .m SION OF PART OF SECTION 6,� EXHIBIT u`+n il~, Y� yY •!`o ys `• M SOUTH , RANGE 26 EAST ' ;'� c+a:. •to S ' �' WVFR Cn1/Airy F'1 asamn a Lt, r' GOOK 061 PAGE 123 i' si Proposed Golf Cart Crossing TPA=W Sw ccum K 'TWO R ss [ "WrOiNiNA" TRACT 'A' ` QE ' Q O fM"W LAMS' M. RM TRACT "A" . Exhibit; 1[+�! D BOOK 061 PAGE 124 KAM r . 40 t TRACT I' (FOXMOW r•, t -j' STATE OF FLORIDA ) P;' 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 Collier County, Florida, this 16th day of June, 1993. DWIGHE. BROCK Clark Tof Courts and Cle Ex -officio to Board of•� •'�• County Commission rs �� •% r :. � BY: /s/Maureen Kenyon- Deputy enyonDeputy Clerko I �' 500K OU1 PAGt 125 AGENDA ITEM 3-C Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION — ZONING SERVICES SECTION DATE: OCTOBER26,2017 SUBJECT: NUA-PL20170002192, NAPLES PARK NUA OWNER/APPLICANT/AGENTS: Owner/Applicant: RS Management Corp of Livonia, Inc. 18995 Parklane Street Livonia, MI 48152 Agent: Nicholas LaGrasta LaGrasta Homes, Inc. 875 9e Avenue North Naples, FL 34108 REOUESTED ACTION: The petitioner requests a Non -Conforming Use Alteration (NUA) pursuant to LDC Section 9.03.03.B. to allow the removal of 2 duplexes and replacement with 2 duplexes in the existing building footprints on Lots 45 and 46, Block 68, in the Naples Park Unit 5 subdivision. GEOGRAPHIC LOCATION: The subject property consists of .31f acres of land located on the south side of 10(r Avenue North in Section 28, Township 48 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests a NUA approval to allow for the removal of old residential units and replacement with new units. According to the Property Appraiser, the duplexes were being taxed as multi -family houses as early as 1960. No building permits were found. In order to maintain the existing residences, the owner wishes to reconstruct them within the same footprint. NUA-Pt20170002192, Naples Park Page 1 of October 26, 2017 WDR 1110 AVE N 110th AVE N 19 104 AVE N 17 108th AVEN F U� 15 N SITE LOCATION 107th AVE Nma 18 17 16 106th AVE N 105th AVE N ® 104th AVE N 103rd AVE N 48 103rd AVE N m 101st AVEN 5 n 100th AVE N 48 99th AVE N 980 AVE N 19 971h AVE N 17 98th AVE N 15 c- 96th AVE N 21 940 AVE N 18 93rd AVE N 16 9hd AVE N 91s1AVEN Dft i w° Reef Pani CIR parNdn i - a N `o Crcaspoirde DR E E e Imma gla R 0 J m ag toe c (j AVE N M107 h AVEN CiaeksideW'ND �nryasa 46 PROJECT LOCATION A 0 h o BLS SParish .N. iRL 3 LNDG 0, ¢C N W m° Y 3 n wAY 0 h SU a� A� Location Map 69 21 20 19 18 17 16 15 14 SITE LOCATION 19 18 17 16 15 42 43 ® 47 48 2 43 68 44 47 48 49 21 20 19 18 17 16 15 c- 14 21 19 18 17 16 15 - — — 99TH AVE N - Petition Number: PL20170002192 Zoning Map SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently developed with multi -family homes; zoned Residential (RMF -6) SURROUNDING: North: Developed parcels; zoned RMF -6 East: Undeveloped parcels; zoned RMF -6 South: Undeveloped parcels; zoned RMF -6 West: Developed parcel; zoned RMF -6 Aerial GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: This use was established in the 1960s, predating today's Growth Management Plan. The replacement of the homes will have no impact on the GMP. NUA-PL201700021W, Naples Perk Page 3 of 6 October 26, 2017 ANALYSIS: Section 9.03.0313.4 of the LDC permits alterations of nonconforming uses with consideration of certain standards and criteria. • Prior to granting such alteration, expansion or replacement of a nonconforming single-family dwelling, duplex or mobile home, the Planning Commission and the BCC [now the HEX] shall consider and base its approval on the following standards and criteria: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located. The petitioner will rebuild the structures in the same footprint. A new building permit will be issued only with the same density. b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use. The maximum building height in the RMF -6 zoning district is 35 feet. The new dwellings shall be limited to a maximum of 35 feet in height. C. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback. The new structures will not encroach further upon any nonconforming setback. Staff requests a condition which would limit further encroachment. d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure. Since the homes are being replaced one-for-one, there will be no decrease in existing parking areas for the structures. e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties. The site is and has been zoned RMF -6 and is surrounded by RMF -6; therefore, future development will not be hindered, and it won't damage the character or quality of the neighborhood. f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. The subject nonconforming use has been in existence for over 50 years and will not pose a threat to health, safety of welfare. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM is not required for a Nonconforming Use Alteration. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed this staff report on October 13, 2017. NUA-PL20170002192, Naples Park Page 4 of 6 October 26, 2017 RECOMMENDATION: Staff recommends that the HEX approve Petition NUA-PL20170002192 subject to the following condition: 1) The replacement structures shall be built within the existing building footprints and shall not encroach further into setbacks. NUA-PL20170002192, Naples Park Page 5 of 6 October 26, 2017 PREPARED BY: oSL-- 140-15-17 FREMISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: / , .. /" • /p. /7 RAYMONDUV. BELLOWS, ZONING MANAGER DATE ZONING DIVISION APPROVED BY: IV -17 MICHAEL P. BOSI, AICP, DIRECTOR DATE ZONING DIVISION NUA-PL20170002192, Naples Park Page 6 of 6 October 26, 2017 Corr County COLLIER COUNTY GOVERNMENT 2600 NORTH HORSESHOE DRIVE . GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coliiereov.net (239( 252.2400 FAX: (2391252-6358 I* 1* NON -CONFORMING USE ALTERATION (NUA) PETITION LDC section 9.03.00 PROJECT NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): RS MANAGEMENT CORP OF LIVONIA, INC Address: 18995 PARKLANE ST qty: LIVONIA State: MI ZIP: 48152 Telephone: 248.410.0216 Cell: NA Fax: NA E -Mail Address: RSTANBAUGH@GMAIL.COM Name of Agent: NICHOLAS LaGRASTA Firm: LaGRASTA HOMES, INC. Address: 875 94TH AVE N. qty: NAPLES state: FL ZIP: 34108 Telephone: 239.597.8326 Cell: 239.825.0624 Fax: NA E -Mail Address: NICK@LAGRASTAHOMES.COM PROPERTY INFORMATION Property I.D. Number: 62781960009 Subdivision: NAPLES PARK section/Township/Range:2 Lj25 Unit: 5 Lot: 45/46 Block: 68 Metes & Bounds Description: NA # of Acres: •31 Address of Subject Property: 856 / 852 100TH AVE N. 6/3/2014 Page 1 of 3 '0ds 94TH AYR N NAPLK 11 34108 MIau A% FAX 2M9+M%' 'NW-WIACRASTAHOMMCOM "nWMOM:'MANAGEMENT- DOGN MPA A" .10j%7/ZDIO growth o Do,' g0l ggMeh ,2$M North .Rqt* Odyg. Naples, Flo] p.-41 Re-, Parcel.Jd#-WtI96'00G9 pies* 'h prop.", pF�W ib -Ad - e(Od 'int9tidw-bine tf w at IS,exitt.1% Those, Oroper'd 116640-t -foAIbje-to'reOq!rThe 2 existing; with I* • • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL201700MIB2 1, STANBAUGM, JR, RICHARD L (print name), as PRIES. OF (title, if applicable)of AS MANAGEMENT CORP. OFLIVONIA.ING (company,If8 licable),swearoraffirm under oath, that I am the (choose one) ownsr0applicant�conir"act purchaserLjand that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Colller County to enter upon the property during normal working hours for the purpose of Investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authoriZBµ04OLAsL&GRASTA to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes. • If the applicant is a corporation, then it is usually executed by the corp. pros. or v. pres. • it the applicant is a Limited liability Company (L.L.C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's 'Managing Member. • It the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • It the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words 'as trustee'. • In each instance, first determine the applicants status, e.g., individual, corporate, trust partnership, and then use the appropriate format for that ownership. Under pe edury, I declare that I have read the foregoing Affidavit of Authorization and that the f stated I true. gn Date STATE OF FLORIDA COUNTY OF COLUER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 17(date) by h naSahftlf6(name ofperson providing oath or affirmation), as v h rti ti who is personally known to me or who has produced (type of identification) as identification. az� J STAMPISEAL ANNA IANNELLO NOTARY PUBLIC, STATE OF tN COUNTY OF OAKLAND CEXPIRES ACTING IN COMMISSION ��� CP108•COA-0011SUM REV MOW Signature of Notary Public .INSTR ,4611037 OR 4722 PG 3093 RECORDED 9/28/2011 4:12 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC8.70 $1,288.00 REC $18.50 CONS $184,000.00 THIS 1NSTRUMENf PREPARED BY AND RETURN TO: Assure America Title Co. 600 Faitway Dr, Ste 109 Deerfield Beach. FL 33441 Our PUGNo.:11.683ZZ Property Appraisers Parcel Wentiticallon (Polio) Number: 62781960009 The aoteel parskese prim or odw vdsebM seeideretioa pdd Por des rest pr a o w burwt eonveyed by this io miame b S114,eDe . Fkrkla Dowmeaury Stanpe l4 eie smwot of5l,tad 0absve been t idherom. VACS AEOVE TSULDM FOR R900RUMDAT WARR "ff DEED TIUS WARRANTY DEED, mach tke of SIP! eeabcr, 2011 by David M dark sad Mdlada 8 Clark, kitsband and WRs, whoa post oi8ee is 3285 R"Road, Ltrn wft ICY 40213 betels called the Grantors, to AS Management Corp. of I.ivoda, Inc,, a Micklps corporation whose post office address is 18995 Pefklane Steect, Livonia. Mi 48152, heithw or called tete frontes: (Whaew nand heroin fie tensa 'GAWor" and 409aasfss" etehide aN Ae panfer to Ws ha omor and the loft !seat ropmarwafives and auVw ajhrdleG64 and Ike suceeswra o damieru ojeorpwtnNo W W I T N E S S E T Ht That the Orantom for and in eomidemilon of the sum of TSN AND 0011005 ($1400) Dollars and other vshrablo maddaadetn, receipt whereof b hereby hereby polus, bsrgstm„ sella, diens, rombes, - I - 4, . acuveys and coaiima unto the Grantee all that emrtais pad siWate In BROWARD Co", State of Florida, Vit:: Lots 4S and 46, Block Book3;Page I4, of the Subject to easements, thereartcr. TOGETHER, with all appartairtinS• TO HAVE AND TO HL AND, the Grantors herd simple: that the Grantors title to said land and will fru ofeli cncumbmnees, Fife Noz 11-da3ZZ to IM rat tkers:4o nesoded 1n Plat sad taxes for the year 2011 and beton" or in anywise seized of said land in foo A and hereby warrent the oaver, and that mW lard is • • • ,*** oR,4722 PG 3094 *** ui vaTHM Vnn=W. On mfA Omom bm /—v 0. d.WV 4..br- File No.: 11-61M N WILLIAM McALEAR LAND SURVEYING INC. P.O. Box 9732 Naples, FL 34101-9732 Telephone: (941) 597-7428 Fax: (941) 597-2803 iAb 0 AM 46, DlNkSh ofNAtL= a� to t6t �: ibtRO% p reeatrtled mm I I� • p Bwk3.Pap 14'ardwrei cm;4 IR��Y�. -naw.✓ of ROAD F'Uv- is ,w- N•A.y.D' /O A uzE — - 6o• /z/u/ _ 7 I! ba : (:SRTIPICATE ■ 7hbdeA(lfatfrotanvwryq(Ylrpropnry drerib.dhara tttrnade rdraq N=M TbwmWbeaddbbeWavW dm fttmtmmcm ed eatWsPbtOfSwM*mmrybodbtmdbmeFW cRe dof rv*rWwmtadthe) f"Atwy.tabme * tbb Cotmty. 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WORK BOUNDARY Fi - S .2 O/JDATE: 6- t-17 ' Bea tabrr SECTION 8 TWP }B S. RGE Zs'E MELDBOOK ?Z3 PAngMn.ZC-2'71 ORDERED BY SHmMT / nP i r: • zo• WILLIAM McALEAR LAND SURVEYING INC. P.O. Box 9732 Naples, FL 34101-9732 Telephone: (941) 597-7428 Fax: (941) 597-2803 LA*4Sand 44lth kf%ofN;AFLE6F � In thelWthereof,nmarded InMM o IhrohSeFa�e Ute�tthoFoblk ikn taow,✓ of ROAD ELEf/• /o •�' n/•�9•VD• O "may �` 60' r�/r,✓ 'o M 20o.ir 200'Af R Z vc/� - 68 Loi 9'f GGT. Pj _ L0/✓L?S7f D.T: v6 /Op•or /g'AT 99. es .•76�s W t✓ � A k N B' P o FI Ir 0 v , ~ O NS,E �' 8SL L �, qs e, S. A o � 7 w O � f/SE r f/T6 b ZaT- A6 d-p,e1 r0, eo oy /9 I L oT- /B L o?- /7 �o M Iu Vi h� Lo7-f7 .//P✓.G- f6wKE C81 MMCAM ■: 7bl8w1yfudrtownvggf&PvPp0' dumbed humn tvumada wdereey N=Ca, nmmWb@v& *WtablNmetY mmv mMoo1W5PWOfftWyOtt=Wbvb ad in Me McRwordof svp&-wooeandlMfNaeurngwemthe ■ . ft(*"pmhaeaartrtertaduR.hkeue) mtnAmXMhnmal,rmdm*rrrfifbby ■ N0789: 1t•• ANFk ida8a4Qr i4kWona1land A. 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Vn!JAM•V. MAUZAR TYPE FS VEY • DATE FIELDWORK Wei, 67- .co At., BOUNDARY 6 - S- ZO/ DATE: 6-s i� RMSIM SECTION 2 B • f f S•'ROE 2 fE FIELDBOOK. 273 PAGENO-t 26.27 ORDERED BY /.d/G SHEET -- OF 00 " 0 M , 1 � b Q h� Lo7-f7 .//P✓.G- f6wKE C81 MMCAM ■: 7bl8w1yfudrtownvggf&PvPp0' dumbed humn tvumada wdereey N=Ca, nmmWb@v& *WtablNmetY mmv mMoo1W5PWOfftWyOtt=Wbvb ad in Me McRwordof svp&-wooeandlMfNaeurngwemthe ■ . ft(*"pmhaeaartrtertaduR.hkeue) mtnAmXMhnmal,rmdm*rrrfifbby ■ N0789: 1t•• ANFk ida8a4Qr i4kWona1land A. OF �PROP6RIY"WmdamdntvaeramGftoDrlwhwdm:..._.--•-• - AmVoroinQwW610174PtwMa ^Neaadtt}antdOuMwmBatigtgbattaq bve ben knmdwceeptr �wta •• Ad NabtratMCodt pnrnmtt b Setdbn ^No hmwhdmarie/totmnotbwebmWomdwwytrtlown•• 472.027,F7orldaSYomu.APA "do ■ ••Tbb SwMwudwa w9tbaabmebt of Deed. •• ■ ■ •'Tm down bmeoemwdie PWeedarDmWSmidryfLm skerrhharbn dwW#ndaoroo •r � . repr■reradontbengjbIA* bmrvfnty :r WD.. btowfadge mtiibdf�'b4lyedbnofu and • • Ar AON 8 dA:rwtvd CaAmn LP. ■LWdPole U8 :Ud*Smnmt notaffavtAownAaraa, m FwmdComVIONI tmt M ■FMKVdum DB-DmkWEremmt TMVD.■ Nn6mdGwdtd.Vm WDetum Ryw:tYmorWtrambpmt.tWwNrrrm T. T16116r ■ 0-FamAbm Pm B•OP.-Npoffv mm bm ■Mdow mBmom F,CP. ■Fdwum coodpomt vp r,me,w,dm„ y„y„a, w-&nboaPN T.O.B.-TapofBedt VO■Vdkyouft FLOOD PLANE CERTIFICATION ACCORDING TO THE I DRAWN m -W. I HEREBY CERTIFY to •F.LR.M. MAP, COMMUNITY- PANEL NUMBER: DATE' — /.zap/Ca -/a9 H DATED: CHECKED Sr DATE: if "Q7 rimTHE PROPERTYAPPEARS TO BE FLOOD ZONE 4./— N .D BEARMM ARE BASED ON THE ti` RLS. Vn!JAM•V. MAUZAR TYPE FS VEY • DATE FIELDWORK Wei, 67- .co At., BOUNDARY 6 - S- ZO/ DATE: 6-s i� RMSIM SECTION 2 B • f f S•'ROE 2 fE FIELDBOOK. 273 PAGENO-t 26.27 ORDERED BY /.d/G SHEET -- OF CoCuy COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliereov.net (239)252.2400 FAX: (2391252-6358 NON -CONFORMING USE ALTERATION (NUA) PETITION LDC section 9.03.00 PROJECT NO (PL) PROJECT NAME To be completH::] DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicantls): RS MANAGEMENT CORP OF LIVONIA, INC Address: 18995 PARKLANE ST City: LIVONIA State: MI ZIP: 48152 Telephone: 248.410.0216 Cell: NA Fax: NA E -Mail Address: RSTANBAUGH@GMAIL.COM Name of Agent: NICHOLAS LaGRASTA Firm: LaGRASTA HOMES, INC. • Address: 875 94TH AVE N. Cit: NAPLES State: FL ZIP: 34108 Telephone: 239.597.8326 cell: 239.825.0624 Fax: NA E -Mail Address: NICK@LAGRASTAHOMES.COM PROPERTY INFORMATION Property LD. Number: 62781960009 Section/Township/Range: 28/48/25 Subdivision. NAPLES PARK Unit: 5 Lot: 45/46 Block: 68 Metes & Bounds Description: NA # of Acres: -31 Address of Subject Property: 856 / 852 100TH AVE N. 1* 6/3/2014 Page 1 of 3 107 94TH.AV—E N NAPLES, 12 34t(38 .FAX 2W -9+M96 ,WWW-,I.AQRASrAHOMKCOM .4cococa-55l12. WwPamv, oam i NAG WM(4MQN-.-'MA , EMINT Orqw.th 104o"COM Plo pAg#lotloff P#gpo/ susl ,299 Nr-th Rcv�.e .,0,- jjiowPn'v!k Naples, Flo -0163341.04. These prcipt10 r^iere tkq �..9W.We 'hntw6h.-tb,r6 bu -at Is,exfisting, Thoso,oropwd M%4 Oo-Ofor'ateo',bVer. 0#, Vest, od..a(&.not',fet.Mble-tp'reoq!rd.,T he 2. Oullo.1n& W mbOilt an.,',t.Wb JO' .Each b d' 'x.:Wowoti dlft..�,o, , "b.L,ild,w 6t I 10 . i Ptle re h s OIW'vigi w ;,.hoA."jnqea'sin& the densj.t.y. IfthVIWO 0 0 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20170002192 1, STANBAUGH, JR, RICHARD L (print name), as PRES. OF (title, if applicable) of AS MANAGEMENT CORP. OFUVONIA.INC (company. ff $ IlCabl@), swear oraffirm under oath, that I am the (choose one) ownerOappllcantOcontract purchaser and that: 1, l have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Colller County to enter upon the property during normal working hours for the purpose of Investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. S. Well allthariMNICHOLAS WGRASTA to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • if the applicant is a corporation, then it is usually executed by the corp. pros. or v. pros. • if the applicant is a limited Liability Company (L L. C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's 'Managing Member.' • If the applicant Is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner" of the named partnership. • If the applicant Is a trust, then they must Include the trustee's name and the words 'as trustee". • In each instance, fust datennine the applicant's status, e.g., individual, corporate, trust. partnership, and then use the appropriate format for that ownership. Under pe erjury, I declare that I have read the foregoing Affidavit of Authorization and that the stated I true. gn Date STATE OF FLORIDA COUNTY OF COLUER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 7- I a"- 11 (date) by -L =94a h ,q n, a -1; &A e l 14 (name of person providing oath or affirmation), as Y'& 1— h who is personally known to me or who has produced (type of identification) as identification. STAMP/SEAL ANNA IANNELLO NOTARY PUBLIC, STATE OF to COUNTY ONUND SAY COMMISSION OWIRES Sep 26, 2021 ACTING ANr COUNTY OF cWLV—Jw^o CR08•COA-0011SIS3 REV 3124/14 0 Signature of Notary Public *INSTR 4611037 OR 4722 PG 3093 RECORDED 9/28/2011 4:12 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC9.70 $1,288.00' REC $18.50 CONS $184,000.00 THIS INS 1RUMENT PREPARED BY AND RRTURN TO: Assure America Title Co. 600 Faiiway Dr, Ste 109 Dcafield Beach, FL 33441 Our FiloNo.:11.68SU Property Appretsen Parcel tdenificatton (Follo) Number: 62781960009 The aaad paoioe price or adw aluble asaddamias paid Por the real p woty ar;atasa nom wed by this iostmment Is $lasAKM Florida Detwrawy Shoop Is the amount adSI MA bare been paidbstem. BrACRABOVE TMLINE FOR RO ACMDATA WAR&4NTYDEED TIIIS WARRANTY DEED, mads the L* of Sepkeaber. 29ll by DavM M dark aad MAWW 8 Clark, brobaad said wtfe, whose post office atkbrats is 3235 R" Road, Lotdsvft ICY 40213 bereio called ilte Gramm to RS Moungement Corp. of Lirookt. Inc, a N icMilas corpoodon wtwea post other address is 18995 Pafklarm Street, Livonia, MI 48152. hadnaller called the Grantee: ("trerer and Aereln rhe trams 'Cifar Oe and'ifJrwml btdads all At parrhar so Oils badnwor and fha Aria, )rgot neprea walims andaulps of kWh6hak and the saoaswrs and anoss of varporatiow) W I T N E S 8 E T Hr That the Grant^ for and in consideration of the sum of TBN AND 00/100") ($10.00) loiters ad other vahrablo considatgian, revels whereof Is hereby aekttttwle44 hereby 8anik bar8akus sells, liars, maslace, releases, oeaveys said eorArms tufo the Oranke 416d mttain hand skaste to WWWARD Comity, State of Florida, viz.; Lots 4S. aad 46, Block 68, of NAPLES Book3PageIts, ofethePoutilsors Subject to asemenn, a thereafter. n . TOGETIttER, with dl appertaining. TO HAVE AND TO Ht AND, rho Granton hefts simple: that the Greeters title to said land and will Gee of a8 encumbrances, File No.,11.USZZ to as no tbereet, as neorded M Me tests for the year 2011 sod and appurtessoA i d*to bekw4b g or in anywise asized of said Isad in flee ad. and hereby warrant the ower mid drat old lord is 0 • • 0 E ow 4722 PG 3094 *** 114 wrrmm WMMWdn am am" bm "QCM �bolro RIC No.: 11-6"= IN ft"Z WILLIAM McALEAR LAND SURVEYING INC. P.O. Box 9732 Naples, FL 34101-9732 Telephone: (941) 597-7428 Fax: (941) 597-2803 "7 Lob{! sad t6, �OCYN, o[irAll tl8! dM8 b f!e Pfaf, tflereof, m rewrdW Is Plat p anks.Pap I4,or*IPriceAaM�M^�R C Nib o'• taaw J of ROAD E[sv A0 .a- AI V -V -D• u .V CERIVICATE lab carwc rAor c eruvqo1'uM w�+Pm'b - daeakedAenan nwomde aredr mY N=CY! 9mMbosdddoo xWkIdmdw aootmcaI mtWsPleOfSh Wtbemrybe%WlnmePu WRo dor r4rvkiaNaMOmlf6mwWmwbrha mb Co WY. (Sabrb, ®mrim a mherXMWO (d) rnlnlmwn IwAnkdMwW" Mfxd by a a a NOTES:•�TbieSmwYleeu�Jeam.ny6.Ih..Wb.A dnf oeedb,.MudewereTUbS." dOPIM*fdSaOfFAOnb diad R.� "Ebwdm *Aft' &wvgww6rQgw6I0I7-6PIbWd ^No.md�aemd&mdtlomabodud(�arghwbee�batdmoepr�6oav" ,1QmMbhorMCodR toRaerbn ••Noaod.4.mdlrrlLtlauarbpmawaebevsbtababdmapcmdbwn" 472.627.Rrido4r6FotOw r n TWe 9mwywudooe vNhW ben.atofDed. •• • • aAriu4 Aaron It o lrwmdeomnoN '-TuadiornMemrr b tlu Plowed orDrm'b.d BowheyLaee. •� mprrmbNmrAnrgjbrbebar afry R.E/1aT W a.DP17Agl � C/A-CovacdAm LP.-LI*Pab UE-UdtyEmwm na Wlonawaad aAo+wihwwL r •Fomdek,mb(mmrd m-Fbe$rdrem DS-DmbwBrawo NAND.- N@daWGaddloVwWDoom awarrwrsu,rrreYrwarx«rdr 0 -Fm* mPm AOP.-BdaeafPaammr bm.mdmm Beffam P.C.P. •Fmmidc w lr w Cid rR-9. a-SdbmPb T.08-Tayommk VO-Vaawomw FLOOD PLANE CERTIFICATION ACCORDING TO THE DRAWN BY. !-" I HEREBY OERTIFY to Emu MAP, COMMUNITY • PANEL NUMBER: DATE �- Jy- /Z oz/Co -/B9 hI DATED: S - /�- 2 d /Z crcicED er. DATE: x'6.17 NOTE THE PROPERTYAPPEARS TO BE FLOOD ZONE 911ae ,, !iD BEARI%O ARE BABED ON THE _ P.L.S. 1ov y�✓ AY V. Nk ALEAR rymopsuRvEy DATE FIELD WORK _A'�f B9- s7- to w BOUNDARY 6 - S-• .2O/ DATE 6- s- /y aaa r aaar SECTION 21.9 TWP }8 S. RGE 2 f E FIELD BOOK 22L PAA9 NPI., 26.2 ORDERED BY CAG/19ST9 i5/a.rJ.�S /.✓G • SHEET / AF i 6 LJ • • azo• WILLIAM McALEAR LAND SURVEYING INC. P.O. Box 9732 Naples, FL 34101-9732 Telephone: (941) 597-7428 Fax: (941) 597-2803' tAlb 4S ud K, eaxtae, etPiA!'IriZB r t��q a tee PeK teercot, a tetorded to Pett .� taotii,lr�el�,a�tYsl�MleReeo:�".���li� , . ,;egowAl of ROAD ELek" Ao .W' n/.q•vD• 7 ..,e jFf1EZB00K2,;..'7 A6- S �7 -- - -- 80UNDARY 6-S--.201 asaeserr SECTION Z 6 • `>10 KROB 2-f E r ■ ORDEREDBY .ET ,' OF / CBR MCATS � M4owtfJ►erdwlomlWpflMpropsq '. .■ delplbedherronwarMadaeodemy '' ■ �••. • _ • a •. �. NMC& 7aaemgbv9M*MdaabNtfineeatwmtna.dodopWrAOfSmV6remlWbobiodlni6sMkR@Mdof 6kcamq Nmes » ••BbvadmAm bM QLMgq i bwW m:.—".��. •. •• No .No mdayoundiAW dmer' p-+mMbrabeotoamdweptrt6oro.'• q M 3onevwmdomwWwbcwMdDeeb •• '•7mdw#m*saaonmdimMMmDmrMBoudayL'nm mpm4lonwWAwdr$mw wmPWthe MlnhawRwdWfoddhaldm*sdf rAby dwFkMtBoard QrPq&WwaiAwd In CkWW 610176FkAk Admb4ao&vCakpywmt00Satan 472.027. Plorda SWmm.And"tin + hmadommon wWivtheb-Pf 1Vp1alNIQIIOa ehaogjblhlEwt Of My ■ �,e- OR ao. as Ce-Cowadelm Lp. -[,ION. tm -Ud t nw mmt nt eho bnofYard ■-Femdcma Mmwmmt F.B. -Mm Hyd" DB-DmhgeBMmmw xay.D.• HW=d0wdcdc Va"Dww 0-Famdkwft B.O.P.-Bdpditmmt DQE-MAMMmBM OMa P.02,-PmmrwCowdlbmt .N wbo.tdofelrra.h6eM rrlNuew.wted .-aetnmPk TA&-ToporBmk w-vwcyouwM • FLOOD PLANE CERTIRCA710N ACCORDING TO THE F.I.R.M. MAP, COMMUNITY- PANEL NUMBER: /K0_2/Ko -/e9 H DATED: DRAWN BY• W 12 `' f DATE'Ch DA VA 1 HBREBY CERTIFY to NOTE ^-.- THE PROPERTYAPPEARS TV BE FLOOD ZONE Qe A,,d BEARMSARE BASED ON THE_ � V AR P.L.S. NkAL 1YPEOFSURvEY DATE RELDWORK it/ B9• S7- .CD s� jFf1EZB00K2,;..'7 A6- S �7 -- - -- 80UNDARY 6-S--.201 asaeserr SECTION Z 6 • `>10 KROB 2-f E r ■ ORDEREDBY .ET ,' OF /