HEX Agenda 12/14/2017AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, DECEMBER 14, 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 TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF
COUNTY COMMISSIONERS.
HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT,
PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING
EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A
COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS,
AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO
RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. ADVERTISED PUBLIC HEARINGS:
A. NOTE: This item has been continued from the November 9, 2017 HEX Meeting and the
November 30, 2017 HEX Meeting.
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]
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 mainte nance 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. CCSV-PL20170002036 - Rob Longwell and Pamela Gibson Longwell request
a variance from the Coastal Construction Setback Line (CCSL) to allow for the construction of a
new single family residence approximately 31 feet 10 inches seaward of the Coastal Construction
Setback Line to replace the existing single family residence, located at 10073 Gulf Shore Drive and
described as Lot 33, Block A, Re-subdivision of Part of Unit No. 1 Conner’s Vanderbilt Beach
Estates in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator:
Summer Araque, Principal Environmental Specialist]
4. OTHER BUSINESS
5. PUBLIC COMMENTS
6. ADJOURN
Cofr County
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
PLANNING & ZONING DIVISION
DATE: REVISED FOR DECEMBER 14, 2017
SUBJECT: BD-PL20170000541, BAUTSCH BOAT DOCK
PROPERTY OWNERIAGENT:
Owner:
Bautsch Family Trust
297 Yd Street
Bonita Springs, FL 34134
REQUESTED ACTION:
AGENDA ITEM 3-A
Agent:
Orick Marine Construction
1035 Collier Center Way, Suite 1
Naples, FL 34110
The petitioner seeks approval to allow construction of a boat dock facility, including a boathouse,
that protrudes 36.46 feet over the permitted maximum protrusion of 20 feet, for a total of 56.46
feet.
GEOGRAPHIC LOCATION:
The subject site is located at 297 Third Street and is further described as Replat Little Hickory
Shores Replat of unit No. 3, Block F, Lot 9. The folio number is 56000360008 (please see
location map on thefollowingpage).
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is requesting approval to construct a boat dock facility which extends 36.46 feet
beyond the maximum 20 -foot protrusion and approval of a boathouse, which is a proposed
replacement of an existing dock.
This petition was originally scheduled for the September 14, 2017 Hearing Examiner (HEX)
meeting, but was rescheduled for November 30" after the hurricane and a meeting between the
HEX and the Applicant.
BD-PL20170000541 Pagel of 8
297 V Street; Bonita Springs
December 14, 2017 HEX
I
PROJECT
LOCATION
_ BONITA BEACH RD
p
0
n
L
C
c
Location Map
I
SITE
LOCATION
PUD
Petition Number: PL20170000541
RSH
Zoning Map
0
PUD
SURROUNDING LAND USE & ZONING,
SUBJECT PARCEL: Single family house with an existing dock, zoned RSF4
SURROUNDING:
North: 3`" Street West ROW and a single family house with a dock, protrudinginto Snook
Bay, across which are single-family homes zoned RSF4
East: A single family house, zoned RSF4; and Little Hickory Bay
South: Little Hickory Bay
West: A single family house with a boat dock, zoned RSF4
Aerial of subject property
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. Section 5.03.06(E)(11) of the Land Development Code (LDC), Manatee Protection,
is applicable to multi -slip docking facilities with 10 or more slips. The proposed boathouse
consists of one boat slip and is therefore not subject to the provisions of this section of the LDC.
A submerged resources survey did not indicate any seagmsses.
BD-PL20170000541 Page 3 of 8
297 3' Street; Bonita Springs
December 14, 2017 HEX
STAFF COMMENTS:
The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a
dock facility extension request based on certain criteria. In order for the HEX to approve this
request, it must find that under LDC 3.03.06.H, at least four of the five primary criteria and four
of the six secondary criteria have been met.
Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the
following findings to the HEX:
Primary Criteria
Whether the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use and zoning of the subject
property. Consideration should be made of property on unbridged barrier islands,
where vessels are the primary means of transportation to and from the property.
(The number should be appropriate; typical single-family use should be no more than
two slips; typical multi -family use should be one slip per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate.)
Criterion met. The proposed single dock facility is deemed appropriate in relation to the
approximately 225 linear feet of water frontage of the subject lot.
2. Whether the water depth at the proposed site is so shallow that a vessel of the general
length, type and draft as that described in the petitioner's application is unable to
launch or moor at mean low tide (MLT). (The petitioner's application and survey
should establish that the water depth is too shallow to allow launching and mooring of
the vessel(s) described without an extension.)
Criterion met. According to the applicant, the average water depth at mean low tide is less
than 3 feet, insufficient to moor the applicant's vessel. The Army Corps of Engineers limits
boats to a 3 -foot draft in this waterway.
3. Whether the proposed dock facility may have an adverse impact on navigation within
an adjacent marked or charted navigable channel. (The facility should not intrude
into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
Criterion met. The subject portion of Little Hickory Bay measures between 260 and 675
feet across. The proposed dock facility protrudes 56.46 feet, less than 25 percent (22%) of
the narrowest portion of the water body.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width of
the waterway, and whether a minimum of 50 percent of the waterway width between
dock facilities on either side is maintained for navigability. (The facility should
maintain the required percentages.)
BD-PL20170000541 Page 4 of 8
297 3' Street; Bonita Springs
December 14, 2017 HEX
Criterion met. The dock is proposed to protrude 22 percent of the canal, leaving over 200
feet of the canal as navigable. There will be no additional impact to navigation.
5. Whether the proposed location and design of the dock facility is such that the facility
would not interfere with the use of neighboring docks. (The facility should not
interfere with the use of legally permitted neighboring docks.)
Criterion met. The dock is proposed to maintain setbacks which are a minimum of 15 -feet
from the riparian lines, allowing navigation of adjacent docked boats. The subject setbacks
exceed 15 feet.
Secondary Criteria
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
Criterion met. The water frontage abuts Little Hickory Bay with a seawall and mangroves.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck area
not directly related to these functions. (The facility should not use excessive deck
area.)
Criterion met. This petition is provides a slip for a single vessel. This provides reasonable,
safe access without excessive deck area.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property's
linear waterfront footage. (The applicable maximum percentage should be
maintained.)
Criterion met. The dock is proposed to moor a 30 -vessel, less than 50 -percent of the 225 -
foot linear shoreline. No additional dock area is proposed.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the
view of a neighboring property owner.)
Criterion met. The view shed of neighboring properties will not be impacted.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06(I) of the LDC must be
demonstrated.)
BD-PL20170000541 Page 5 of S
297 3`a Street; Bonita Springs
December 14, 2017 HEX
Criterion met. The Submerged Resources Survey indicates no seagrass beds within 200
feet; therefore, there will be no impact to seagrass beds.
6. Whether the proposed dock facility is subject to the manatee protection requirements
of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.)
Criterion not applicable. The petitioner's property is a single-family lot and is not subject
to the provisions of the Manatee Protection Plan.
Staff analysis indicates that this request meets five of the five primary criteria. Regarding the six
secondary criteria, criterion 6 is not applicable, and the request meets five of the remaining five
secondary criteria.
Standards for boathouses (LDC Section 5.03.06.F). Boathouses, including any roofed
structure built on a dock, shall be reviewed by the Hearing Examiner according to the
following criteria, all of which must be met in order for the Hearing Examiner to approve the
request:
L Minimum side setback requirement: 15 feet.
Side setbacks are met, as shown on Site Plan Survey 3 of 4.
2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20
feet, whichever is less. The roof alone may overhang no more than 3 feet into the
waterway beyond the maximum protrusion and/or side setbacks.
Maximum protrusion into the 260 -foot waterway and overhang are not exceeded.
3. Maximum height: Fifteen feet as measured from the top of the seawall or bank,
whichever is more restrictive, to the peak or highest elevation of the roof.
Maximum height of 15 feet from top of seawall to peak of roof is not exceeded.
4. Maximum number of boathouses or covered structures per site: One.
Maximum number (one) of boathouses is not exceeded.
5. All boathouses and covered structures shall be completely open on all 4 sides.
Proposed boat house will be open on four sides.
6. Roofing material and roof color shall be the same as materials and colors used
on the principal structure or may be of a palm frond "chickee" style. A single-
family dwelling unit must be constructed on the subject lot prior to, or
simultaneously with, the construction of any boathouse or covered dock
structure.
BD-PL20170000541 Page 6 of 8
297 3' Street; Bonita Springs
December 14, 2017 HEX
The proposed roof color and material are the same as the principal structure.
7. The boathouse or covered structure must be so located as to minimize the
impact on the view of the adjacent neighbors to the greatest extent practical.
The side setbacks are met, causing no impact to the neighbor's view shed.
Staff analysis indicates that this request meets the boat house criteria.
APPEAL OF BOAT DOCK FACILITY TO THE BOARD OF COUNTY
COMMISSIONERS:
As to any boat dock facility extension or boathouse petition upon which the HEX takes action, an
aggrieved petitioner, or adversely affected property owner, may appeal such final action to the
Board. Such appeal shall be filed with the Growth Management Department Head within 30 days
of the action by the HEX. In the event that the petition has been approved by the HEX, the
applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30 -
day period.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's office originally reviewed this Staff Report on August 31, 2017.
STAFF RECOMMENDATION:
Based on the above findings, Staff recommends that the HEX approve Petition BD-
PL20170000541.
BD-PL20170000541 Page 7 of 8
297 3' Street; Bonita Springs
December 14, 2017 HEX
PREPARED Y:
11-17-17
F ISCHL, AICP, PRINCIPAL PLANNER
DATE
ZONING DIVISION
REVIEWED BY:
11- le- 17
RAYM . ELLOWS, ZONING MANAGER
DATE
ZONI DIVISION
APPROVED BY:
MIKE BOSI, AICP, DIRECTOR DATE
PLANNING & ZONING DIVISION
BD-PL20170000541 Page 8 of 8
297 3"' Street; Bonita Springs
December 14, 2017 HEX
• David Bautsch BDE
PL20170000541
Addressing Approved
C�
Greg Orick II Marine Construction Inc.
0
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www.colliereov.net
ConiConT-maCounty
ADDRESSING CHECKLIST
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please complete the following and email to GMD_Addmssing@colliergov.net or fax to the Operations
Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must
be sioned by Addressing personnel Prior to g_e gplication meeting Please allow 3 days for orocessin .
Not all items will apply to every project Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing
Department.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each petition 4W)
❑BL(Blasting Permit)
�D (Boat Dock Extension)
❑ Carnival/Circus Permit
❑ CU (Conditional Use)
❑ EXP (Excavation Permit)
❑ FP (Final Plat
❑ LLA (Lot Line Adjustment)
❑ PNC (Project Name Change)
❑ PPL (Plans & Plat Review)
❑ PSP (Preliminary Subdivision Plat)
❑ PUD Rezone
❑ RZ (Standard Rezone)
❑ SDP (Site Development Plan)
❑ SOPA (SOP Amendment)
❑ SON (insubstantial Change to SDP)
❑ SIP (Site Improvement Plan)
❑ SIP] (Insubstantial Change to SIP)
❑ SNR (Street Name Change)
❑ SNC (Street Name Change —Unplatted)
❑ TDR (Transfer of Development Rights)
❑ VA (Variance)
❑ VRP (Vegetation Removal Permit)
❑ VRSFP (Vegetation Removal & Site FII Permit)
❑ OTHER
LEGAL DESCRIPTION of subject property or properties (copy oflengthy description may be attached)
LIT -IL 6 HICKORY 5HORE5 UMI -r REALAT 13LK F LATS
FOLIO (Property ID) NUMBER(s) of above (attach to, orassociam with, legal description if more than one)
.S-fLnnttc.,rv,r�g 55 T48 R25
STREET ADDRESS or ADDRESSES (as applicable, ffalready assigned)
• LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road night -
of -way
• SURVEY(copy - needed only for unplatted properties)
PROPOSED PROJECT NAME (#applicable)
PROPOSED STREET NAMES (ffapplicable)
SITE DEVELOPMENT PLAN NUMBER (for existing pmlectsrs@es only)
10
•
SDP_ _orARor PL# 0
• COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www,collierxov net
con-�ity
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-24DO FAX (239)252-5724
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
Please Return Approved Checklist By: [[ mail ❑ Fax ❑ personally picked up
Applicant Name: .�i>xl 75'C/7
Phone: 9y9 Email/Fax: � `2l ( 9( riCA qMa4P. Com,
Signature on Addressing Checklist does not constitute Project and/or Street Name
• approval and is subject to further review by the Operations Department.
FOR STAFF USE ONLY
Folio Number 56000360008
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved
Updated b
IF OLDER THAN 6 MONTHS, FORM MUST BE
• UPDATED OR NEW FORM SUBMITTED
Print Map
hup://maps.wUimppmiser.com/webmaphnapprint.Bspx?titie Bautsc...
•
•
•
1 of 1 282017 11:15 AM
. David Bautsch BDE
PL20170000541
BDE Application
9
Greg Orick II Marine Construction Inc.
•
COQ y
COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE •
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34106
www.colRergov.net (239) 252-2400 FAX: (239) 252-6358
DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION
APPLICATION AND SUBMITTAL INSTRUCTIONS
LDC Section 5.03.06
Chapter 3 B. of the Administrative Code
The following information is intended to guide the applicant through the application and public
hearing process for a Dock Facility Extension or Boathouse Establishment Petition.
Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application,
the applicant shall attend a pre -application meeting to determine if a dock facility extension or
boathouse establishment is available and to discuss the location, length/protrusion, and
configuration of the proposed boat dock facility. The pre -application fee is $500.00 and will be
credited toward application fee upon submittal. If the application is not submitted within 9
months of the pre -application meeting the pre -app fee will be forfeited and will not be credited
toward the application fee.
In order for the application to be processed, all accompanying materials (see attached submittal
checklist) shall be completed and submitted with the application. The application fee for a Dock •
Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal
advertising.
After submission of the completed application packet, accompanied with the required fees, the
applicant will receive a response notifying that the petition is being processed. Accompanying
that response will be a receipt for the payment and the tracking number (i.e., BDE-
PL20120000000) assigned to the petition. This petition tracking number should be noted on all
future correspondence regarding the petition.
Pursuant to the LDC and the Administrative Code, several public notice requirements shall be
completed within the required time frames. The Planning and Zoning Department will provide,
at the cost of the applicant, legal notification to surrounding property owners within 500 feet of
the subject property and newspaper advertisement (required 15 days prior to the advertised
Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and
will receive a copy of the Staff Report. It is recommended, but not required, that the applicant
or the agent attend the Hearing Examiner hearing.
Please contact the Growth Management Division at 252-2400 forfurther assistance completing
this application.
E
6/3/2014 Page 1 of 7
C,o1li� y
• COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION
LDC Section 5.03.06
Ch. 3 B. of the Administrative Code
THIS PETITION IS FOR (check one): X DOCK EXTENSION X BOATHOUSE
PROJECT NUMBER
PROJECT NAME Tobecompletedbystoff
DATE PROCESSED
•
APPLICANT INFORMATION
Applicant(s): David Bautsch
Address: 297 3rd St W City: Bonita Springs state: FL ZIP: 34134
Telephone: Cell: Fax:
E -Mail Address: bagger@Bautsch.coln
Name of Agent: Holly Lindsly/Bill Nelson
Firm: Greg Orick II Marine Construction Inc
Address: 27171 Driftwood DR it.: Bonita Spdngs State: FL ZIP: 34135
Telephone: 239-949-5588 Cell: 239-289-0792 _Fax: 239-301-2238
E -Mail Address: info@Orickmadne.com
PROPERTY LOCATION
Section/Township/Range: �4� 25 Property I.D. Number: 56000360008
Subdivision: Little Hickory Shores Unit 3 Replat unit: 3 Lot: 9 Block: F
Address/ General Location of Subject Property:
297 3rd ST W Bonita Springs, FL 34134
Current Zoning and Land use of Subject Property:
RSF-4 Single Family Residental
BEAWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
6/3/2014
Page 2 of 7
Co er County
COLLIER COUNTY GOVERNMENT
2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION
NAPLES, FLORIDA 34104
www.colliergov.net
(239) 252-2400 FAX: (239) 252-6358
ADJACENT ZONING AND LAND USE
DESCRIPTION OF PROJECT
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing
facility, any other pertinent information):
Rertrove and dispose eusung pennMed (907814) 275 N ft ddd: aM 312 sp It OoaM0use(92-2881). Req�sl a 33.16 faotextension
beywM Me need... 20 feet M ii.inedek new, open sided, boaewuae, dock and 1 IM for 37 vessel. Total over Me warm
envctvres are 530 w It dock arM IM w proposed720 Wft twelha,ss maf mvereg. See drawkgs.
SITE INFORMATION
1. Waterway Width:
leo. ft. Measurement from ❑ plat K survey ❑ visual estimate
❑ other (specify) _
2. Total Property Water Frontage:
225.19 ft.
3. Setbacks:
Provided: •" "m^ ft.
Required: 15 ft.
4. Total Protrusion of Proposed Facility into Water:
$3.16 ft.
S. Number and Length of Vessels to use Facility:
1. 32 ft.
2. ft.
3. ft.
6. List any additional dock facilities in close proximity to the subject property and indicate
the total protrusion Into the waterway of each:
295 3rd ST W49.Tf, 293 3N ST W-62 8'. 2716M ST W49 03', 2913rd ST W41.82', 283 3rd Sr W49.96'
262 6M ST W40.16' and M 6N ST W4T.16
7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in
size, the applicant shall be responsible for erecting the required sign. What is the size of
the petitioned property? 04 Acres
8. Official Interpretations or Zoning Verifications:
To your knowledge, has there been an official interpretation or zoning verification rendered on
this property within the last year? ❑ yes X No If yes, please provide copies.
6/3/2014 Page 3 of 7
L
•
L
Zoning
land Use
N
3rd St W(ROWIRSF4
Single Family Residence
S
WaterwaylA
Little Hickory Bay
E
RSF-4
Single Family Residence
W
RSF-4
Single Family Residence
DESCRIPTION OF PROJECT
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing
facility, any other pertinent information):
Rertrove and dispose eusung pennMed (907814) 275 N ft ddd: aM 312 sp It OoaM0use(92-2881). Req�sl a 33.16 faotextension
beywM Me need... 20 feet M ii.inedek new, open sided, boaewuae, dock and 1 IM for 37 vessel. Total over Me warm
envctvres are 530 w It dock arM IM w proposed720 Wft twelha,ss maf mvereg. See drawkgs.
SITE INFORMATION
1. Waterway Width:
leo. ft. Measurement from ❑ plat K survey ❑ visual estimate
❑ other (specify) _
2. Total Property Water Frontage:
225.19 ft.
3. Setbacks:
Provided: •" "m^ ft.
Required: 15 ft.
4. Total Protrusion of Proposed Facility into Water:
$3.16 ft.
S. Number and Length of Vessels to use Facility:
1. 32 ft.
2. ft.
3. ft.
6. List any additional dock facilities in close proximity to the subject property and indicate
the total protrusion Into the waterway of each:
295 3rd ST W49.Tf, 293 3N ST W-62 8'. 2716M ST W49 03', 2913rd ST W41.82', 283 3rd Sr W49.96'
262 6M ST W40.16' and M 6N ST W4T.16
7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in
size, the applicant shall be responsible for erecting the required sign. What is the size of
the petitioned property? 04 Acres
8. Official Interpretations or Zoning Verifications:
To your knowledge, has there been an official interpretation or zoning verification rendered on
this property within the last year? ❑ yes X No If yes, please provide copies.
6/3/2014 Page 3 of 7
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Cone y
• COLLIER COUNTY GOVERNMENT
2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION
NAPLES, FLORIDA 34104
www.colliergov.net
(239) 252-2400 FAX: (239) 252-6358
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing
Examiner will utilize the following criteria as a guide in the decision to approve or deny a
particular Dock Extension request. In order for the Hearing Examiner to approve the request,
it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6
secondary criteria, must be met. On separate sheets, please provide a narrative response to
the listed criteria and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to
the waterfront length, location, upland land use, and zoning of the subject property; consideration
should be made of property on unbridged barrier islands, where vessels are the primary means of
transportation to and from the property. (The number should be appropriate; typical, single-family
use should be no more than two slips; typical multi -family use should be one slip per dwelling unit;
in the use of unbridged barrier island docks, additional slips may be appropriate.)
2. Whether or not the water depth at the proposed site Is so shallow that a vessel of the general
length, type, and draft as that described in the petitioners application is unable to launch or moor
at mean low tide (MLT). (The petitioners application and survey should show that the water depth
. is too shallow to allow launch and mooring of the vessel (s) described without an extension.)
3. Whether or not the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any marked or
charted navigable channel thus impeding vessel traffic in the channel.)
4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the
waterway, and whether or not a minimum of 50 percent of the waterway width between dock
facilities on either side of the waterway is maintained for navigability. (The facility should maintain
the required percentages.)
5. Whether or not the proposed location and design of the dock facility is such that the facility would
not interfere with the use of neighboring docks. (The facility should not interfere with the use of
legally permitted neighboring docks.)
6/3/2014 Page 4 of 7
Co er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE •
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
SECONDARY CRITERIA
1. Whether or not there are special conditions, not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed dock
facility. (There must be at least one special condition related to the property; these may include
type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.)
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loadinglunloading and routine maintenance, without the use of excessive deck area not directly
related to these functions. (The facility should not use excessive deck area.)
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination,
described by the petitioner exceeds 50 percent of the subject propertys linear waterfront footage.
(The applicable maximum percentage should be maintained.)
4. Whether or not the proposed facility would have a major impact on the waterfront view of
neighboring waterfront property owners. (The facility should not have a major impact on the view
of either property owner.)
S. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass
beds are present, compliance with LDC subsection 5.03.061 must be demonstrated.)
6. Whether or not the proposed dock facility is subject to the manatee protection requirements of •
LDC subsection 5.03.06 E.11. (if applicable, compliance with subsection 5.03.06.E.11 must be
demonstrated.)
6/3/2014 Page 5 of 7
CO eY Ciounty
• COLLIER COUNTY GOVERNMENT
2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION
NAPLES, FLORIDA 34104
www.colliergov.net
(239) 252-2400 FAX: (239) 252-6358
•
•
Pre -Application Meeting and Final Submittal Requirement Checklist for:
X Dock Extension
Q Boathouse
Chapter 3 B. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and
time of application submittal. At time of 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
IES
COOPF
REQUIRED
NOT
REQUIRED
Completed Application (download current form from County website)
6
❑
Signed and Sealed Survey
❑
❑
❑
Chart of Site Waterway
She Plan Illustration with the following:
• Lot dimensions;
• Required setbacks for the dock facility;
• Cross section showing relation to MHW/MLW and shoreline
(bank, seawall, or rip -rap revetment);
• Configuration, location, and dimensions of existing and proposed
6
❑
❑
facility;
• Water depth where proposed dock facility is to be located;
• Distance of navigable channel;
• Illustration of the contour of the property; and
• Illustration of dock facility from both an aerial and side view.
Affidavit of Authorization. signed and notarized
1
❑
❑
Completed Addressing Checklist
1
❑
❑
Electronic copy of all required documents
*Please advise: The Office ofthe Hearing Examiner requires all materials
1
❑
❑
to be submitted electronically in PDF format.
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.
6/3/2014
Page 6 of 7
_5ACT County
COLLIER COUNTY GOVERNMENT
2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION
NAPLES, FLORIDA 34104
www.colliergov.net
(239( 252-2400 FAX: (239) 252-6358
PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
❑Bayshore/Gateway
Triangle Redevelopment:ElEnvironmental
Executive Director
Review: See Pre -Application
Meeting Sign -In Sheet
Addressing: Annis Moxam
Graphics: Mariam Ochekree
❑
City of Naples: Robin Singer, Planning Director
❑
Historical Review
❑
Comprehensive Planning: See Pre -Application
Meeting Sign -In Sheet
❑
Immokalee Water/Sewer District:
servancy of SWFL: Nichole Ryan
17
Parks and Recreation: Vicky Ahmad
County Attorney's Office: Heidi Ashtonrcko
Lj
Transportation Pathways: Stacey Revay
Emergency Management: Dan Summers; and/or
EMS: Artie Bay
❑
School District (Residential Components): Amy
Heartlock
Engineering: Alison Bradford
❑
Transportation Planning. John Podczerwins
101
Other:
❑
Utilities Engineering: Kris VanLengen
FEE REQUIREMENTS:
❑ Boat Dock Extension Petition: $1,500.00
❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00
❑ An additional fee for property owner notifications will be billed to the applicant prior to the
Hearing Examiner hearing date.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this
checklist is included in this submittal package. I understand that failure to include all necessary submittal
informtion may result in the delay of processing this petition.
ly-I
Signature of Petitioner or Agent Date
6/3/2014 Page 7 of 7
•
•
• David Bautsch BDE
PL20170000541
Affidavit of Authorization
Greg Orick II Marine Construction Inc.
•
AFFIDAVIT OF AUTHORIZATION
FOR PETITIONANUMBERS(S) 9La01700005y I (B DE� •
a, cL,.uMI d pn••i ye}l (�pponnt name), as '}r ustee (He, If
pplipble) of }cch u Trwi (company, if usable). swear a li firm
under oath, Mat I am Me (choose one)) n erQs"HoantOwntract purcheser�and get:
1, 1 have full authority to secure Me approvals) requeated and to impose covenants antl restrictions on
Me referenced property as a result of any action approved by IS County in accoldanlH with this
application and Me Land Development Code;
2. All answers to the questions in Mis eppllcalion and any sketche, data or other suppiementhry matter
attached hereto and made a part MMIS application are honest and true;
3. 1 have authorized Me staff of Collier County to enter upon Me property doling normal worung boors
for Me purpose of investigating and evaluating Me request made through this application; and Met
4. The property will be transferred, oonveyed, sold or subsubject M divided subjeMe contlitions and
restrictions imposed QQyy the apA1¢p—o J action,
5. Wen authorize L'Sill 1S M not as ourhny repasenbtive
in any mundane ragarding MIS petition including 1 through 2 above.
'Notes:
. If Me applicant u a separation, then itis usually executed by the corp. pas. or, prey
• gifre apPikaFd Is a IJmdad Llsbllny Company, (L L. C.) w Ll nflaof Company (LC), Man the documents o old
typically br, sgned by the Comworys'WrogMg Mamber.'
• ffMa applicant is aparmaralvp, Man lypicaly a partner can sign on behan offhe parmoving,.
. If the applicanl Is a Anuf ed partromehip. Men the general pwMer mu& ago and be former d as the 'general
penner of Ma named partnership,
• it the applicant k aWst, Man May must include the f natee's name and the YrwCa'SS hualael
• In Bach Mstance, flrst determine the omukard's status, e.g., individual ouvocvol, fma, partnership, and then
use Me and o ham format for Mat aenerahlp.
Under penalties of perjury, I declare that 1 have read the foregoing Affidavit of Author¢atlpn and Mat
Me facts stated in k are true.
signature Day •
STATE OF FLORIDA
COUNTY OF COLLIER
Th4 f9/��� ns/��Lu_ ant was swam to (or eMrmed) and subscribed before the on ,� • )Y'/% (data) by
—�"'y� """' � (name of PinionProvidingoath or aMrmatlon), as
/45f¢i oohs i9 Par9Melly k s p odwxM `
(type of itlentification)as itlentiacation.
aTAMASEJLL filming. N blit
LYUNMLY
"'Y"'k .,tale d Flanea
`- S Commi r n rF 9a9
MY Comm, Erpres Jun 29, 20 PO}9
SonMiAmryn NaY.W Nauvxnn
CM-tbha95
RCV MYIi
0
AFFIDAVIT OF AUTHORIZATION
•FOR PETITION NUMBERS(S) RLx-01.7 Om[) 614i (6DE�
1. 1.I �l (Pdnr name). as '�'Yus}Ce (tMa.d
epplimbb)of L T s? (mmmnY�ttapplimble). swear or Infirm oaf, Met l am Me(choose one)ovma apptimnt Farbadf purshaser"md Met:
t. I have full auHwdty to secure Me approva(s) requested and to impose covenants and restrictions on
the re marded property as a msub pf 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 hareto antl made a pad 4thlo application are honest and We;
3. I have authoread Me staff of Coliier County M enter upas the property dudng Formai war ing hours
for Me purpose of investigating and evaWating Me request made through this applicailm: and Met
d. The property will be transferred, conveyed sold or subdivided subject to the conditions and
resMcdons imposer} byth approv@� rsh
5. Wan au horde I'fn Ilu 1_ ri.lq({. to act as ourhny representative
IF] any matters renaming Iussiong 1 through 2 above.
'Notes:
• orMe applicant IS a cwpommor, Men it is Fission, exaculed by Me chi pass w v. pars.
. M the applicard is a Umfied Uetaft Company (LLC) or Umffed Company (L C), Men the documents should
Whinny be signed by the Company''.'Maneging Member'
•
IF the applicant is a partnership, Men typiralty, a partner can sign gn behaff of the pannersidd
• ff Me i"oidnt is a limbed pannership, Men the general par Mer most sign aM be ideadised as the general
panhae of Me named yannwship.
• IF Me appfimnt Is a Ws(, Man May must Indude Me busfee's came son Me words "as Mases,
• In each instance, first defamers' fire applimnle sfafus, e.g., individual. WrWa s, bosf, partnership, and Men
use Me appmwiale format for that manershlp.
Under penahas of padury, I declare that 1 have read the foragoing Affidavit of A henxation and Mat
the facts fed In it are true.
9 -/ N -/-J
Sittrature
oaf
STATE OF FLORIDA
COUNTY OF COLLIER
The fw,ggpng ipslrymant� s yvmm m MI affirmed) ad subacdbe i before me on 3—/� / 7(dend by
L�.ard Ca•uI' e% (name of parson providing oaf or affnmaton), as
wfm is oasonallY krwvm
to meoryind has prod
(type of dardifimgon) as Identifimbon.
araMwsau. Signature of Robert, Public
Marcn pa. 301V
Q'0{WAprILLS
x
IfCVYIVI[
0
David Bautsch BDE •
PL20170000541
Proof of Trust Requested by County,
Attorney
Greg Orick 11 Marine Construction Inc.
•
171
•
DAVID J. BAUTSCH
PERSONAL RESIDENCE TRUST
0
Prepared by
MYERS KRAUSE & STEVENS, CHARTERED
5811 Pelican Bay Boulevard
Suite 600
Naples, Florida 33963
.7
TABLE OF CONTENTS 0
FOR
DAVID J. BAUTSCH PERSONAL RESIDENCE TRUST
ARTICLE I IDENTIFICATION ................................. 1
1.1 Name of Trust . ...................................... 1
1.2 Family ............................................ 1
,ARITCLE II - DAVID'S RETAINED INTERESTS ...................... 1
2.1 During 20 Year Retained Term.............................1
2.1.1 Residential Property Use . .......................... 1
2.1.2 Distribution of Income; Cash . ....................... 2
2.1.3 Trust Property; Cash . ............................ 2
2.1.4 Commutation; Trust Payments ........................ 3
2.1.5 Cessation of Use as a Personal Residence ................. 3
2.1.6 Distribution; Conversion to Annuity Trust . ............... 3
2.2 Termination ......................................... 3
2.2.1 Early Termination . .............................. 3
2.2.2 Term Termination . .............................. 4
2.3 Trust Purpose . ...................................... 4 •
ARTICLE III - ANNUITY TRUST ................................ 5
3.1 Trust ............................................. 5
3.2 Annuity Amount ...................................... 5
3.2.1 Entire Trust Ceases to be a Qualified Personal Residence Trust. .. 5
3.2.2 Portion of Trust Continues as Qualified Personal Residence
Trust....................................... 6
3.3 Valuation . ......................................... 6
3.4 Short Years ......................................... 6
3.5 Commutation; Trust Payments; Additions . ..................... 6
3.6 Termination; Power of Appointment; Default . ................... 6
3.7 Trust Purpose . ...................................... 7
ARTICLE IV - BAUTSCH FAMILY TRUST ......................... 7
4.1 Income ............................................ 7
4.2 Power of Appointment . ................................. 7
4.3 Termination ......................................... 7
AR'T'ICLE V TRUSTEE............I......................... 8
5.1 Trustee Resignation .................................... 8
5.2 Trustee Succession . ................................... 8
5.3 Successor Trustee Powers . ............................... 8
0
• ARTICLE VI - MISCELLANEOUS ................................ 8
6.1 Definitions . ........................................ 8
6.2 Irrevocable and Unamendable. ............................. 8
6.3 Administrative Provisions . ............................... 9
ADMUMTR.ATIVE PROVISIONS
1.
Residential Property ...................................
A-1
2.
Powers of Trustee .....................................
A-1
3.
Facility of Payment ....................................
A-3
4.
Donee's Will ........................................
A-4
5.
Common Funds . .....................................
A-4
6.
Accrued Income ......................................
A-4
7.
Spendthrift Provision ...................................
A-4
8.
Limited Independent Power to Amend and Terminate ...............
A-4
9.
Perpetuities Savings ....................................
A-5
10.
Trustee's Actions . ...................................
A-5
11.
Administration of Trust Independent of Court ...................
A-5
12.
Inability to Act ......................................
A-5
13.
Compensation and Accountings ............................
A-5
14.
Special Trustee ......................................
A-5
15.
Legal Obligations . ...................................
A-5
16.
Adviser Provisions.
A_6
17.
Estate Tax Liability.
18.
............
......................
Construction
A-6
. ......................................
A-7
19.
Additions . ........................................
A-7
20.
DiscIaimer
........................................
A-7
21.
Trustee's Certificate ...................................
A-7
22.
Internal Revenue Code .................................
A-7
23.
Florida Law
. ......................................
A-7
24.
Counterparts . ......................................
A-7
0
DAVID J. BAUTSCH
PERSONAL RESIDENCE TRUST
I, DAVID J. BAUTSCH, transfer the property described in the attached Schedule
A to myself as trustee. That property and all investments, reinvestments and additions shall be
held subject to the provisions of this instrument.
ARTICLE I
IDENTIFICATION
1.1 Name of Trust. This trust instrument and the trusts hereby evidenced may
be designated the "DAVID J. BAUTSCH PERSONAL RESIDENCE TRUST."
1.2 Family. I am married to DIANE E. BAUTSCH and she is herein referred
to as my wife. I have three (3) children now living, whose names and birthdates are reflected
below: •
NAMES BIRTHDATE
MICHAEL BAUTSCH February 16, 1969
MARNE BAUTSCH GLEASON July 5, 1970
MEGGAN BAUTSCH June 2, 1972
ARTICLE II
DAVID'S RETAINED INTERESTS
2.1 During 20 Year Retained Term. Until the first to occur of 20 years after
the date of this instrument and my death (the "termination date"), the trustee shall hold and
administer the trust as follows:
2.1.1 Residential Property Use. At all times prior to the termination date,
I shall be entitled to the use of the trust property without rent or other charge; provided,
however, I shall pay all expenses of the trust, except as otherwise provided below. Additionally,
at all times prior to the termination date, I shall have and enjoy a present possessory interest in
any residential property for as long as the residential property is a part of the trust.
U
•
2.1.2 Distribution of Income; Cash. The trustee shall distribute to me
the income from the trust in installments, not less frequently than annually. In addition, the
trustee shall determine, not less frequently than quarterly, the amounts held by the trust for the
payment of expenses in excess of the amount permitted to be held by the trustee pursuant to
section 2.1.3.1, below, and shall distribute those amounts to me immediately thereafter. If upon
the termination date I am alive, the trustee shall distribute within 30 days of the termination date
to me any cash held in the trust pursuant to section 2.1.3.1, below, not used to pay trust
expenses due and payable on the termination date (including any expenses directly related to the
trust termination) and any undistributed net income on the termination date.
2.1.3 Trust Property; Cash. Except as otherwise provided in this Article,
prior to the termination date, the trustee is prohibited from holding any asset in the trust other
than one residence (or an undivided fractional interest in one residence) to be used as a personal
residence by me. To the extent permitted by the regulation (as defined in section 2.3, below):
2.1.3.1 The trustee may receive additions of cash to the trust and
may hold the cash in a separate account, in an amount which, when added to the cash already
held in the trust (or in a separate account) for such purposes, does not exceed the amount
required: (i) for the payment of trust expenses (including mortgage payments) already incurred
• or reasonably expected to be paid by the trust within six months of the receipt of the cash by
the trustee; (ii) for improvements to the personal residence to be paid by the trust within six
months of the receipt of the cash by the trustee; and (iii) for purchase of the initial personal
residence within three months of the creation of the trust or for the purchase of a replacement
residence within three months of the receipt of the cash by the trustee, if the trustee has
previously entered into a contract to purchase the initial or replacement personal residence.
2.1.3.2 The trustee may receive improvements to the residence and
may hold such improvements as a part of the trust, provided that the residence, as improved,
qualifies as my personal residence pursuant to the regulation.
2.1.3.3 The trustee may hold the proceeds of the sale of the
personal residence (hereinafter "sale proceeds") in a separate account for the purchase of another
residence to be used as my personal residence. In addition, the trustee may hold the proceeds
of insurance paid to the trustee as a result of damage or destruction of the personal residence
or proceeds received as a result of involuntary conversion (within the meaning of Internal
Revenue Code Section 1033) (hereinafter proceeds of insurance and proceeds received as a result
of involuntary conversion being referred to as "insurance proceeds") in a separate account for
the repair, improvement or replacement of the personal residence.
2.1.3.4 The trustee may receive or acquire one or more policies of
insurance on the residence and hold such policies as a part of the trust.
is
•
2.1.4 Commutation; Trust Payments. My interest shall not be subject
to commutation. Prior to the termination date, no payment shall be made to any person other
than me; provided, however, that this sentence shall not be construed to prevent the payment
by the trustee of expenses properly chargeable to the trust.
2.1.5 Cessation of Use as a Personal Residence. The trust shall cease
to be a qualified personal residence trust (as defined pursuant to the regulation) if the residence
ceases to be used or held for use as a personal residence of mine; provided, however, any
cessation of use as a personal residence shall be deemed to occur only if and when it is deemed
to occur under the regulation. The trust shall cease to be a qualified personal residence trust
with respect to all sale proceeds or insurance proceeds held by the trust upon the first to occur
of: (i) the termination date; (ii) if sale proceeds have then been received, the date that is 2 years
after the date the personal residence is sold; (iii) if insurance proceeds have then been received,
the date that is 2 years after the date of the event giving rise to the insurance proceeds; and
(iv) the date on which a replacement residence is acquired by the trust. For clarification
purposes, if the trust acquires a replacement residence with sale proceeds within 2 years after
the date the personal residence is sold or acquires a replacement residence with insurance
proceeds within 2 years after the date giving rise to the insurance proceeds, the trust shall
continue to be a qualified personal residence trust with respect to the replacement residence so
acquired. If any sale or insurance proceeds are not deposited and held by the trustee in a
separate account to be used for the purchase of another residence as my personal residence, the .
trust shall be deemed to have ceased to be a qualified personal residence trust with respect to
such proceeds at the time such proceeds are received. In addition, if damage or destruction
renders the residence unusable as a residence, the trust shall be deemed to have ceased to be a
qualified personal residence trust on the date that is 2 years after the date of damage or
destruction (or the termination date, if earlier) unless, prior to such date (i) replacement of or
repairs to the residence are completed or (ii) a replacement residence is acquired by the trust.
For clarification purposes, one or more occasions may occur prior to the termination date when
a portion of the trust ceases to be a qualified personal residence trust.
2.1.5 Distribution; Conversion to Annuity Trust. Within 30 days of the
trust or a portion of the trust ceasing to be a qualified personal residence trust prior to the
termination date, the principal of the trust that has ceased to be a qualified personal residence
trust shall be held by the trustee pursuant to the terms and conditions of Article 111.
2.2 Termination. Upon the termination date all property held under this Article
shall be distributed as follows:
2.2.1 Early Termination. If the termination date is the date of my death,
the trustee shall pay all property then belonging to the principal of the trust held under this
Article (other than any amount distributable to me or my personal representatives pursuant to
3 0
•
this Article) to such persons including the creditors of my estate in such shares and on such
terms as I may appoint by specific reference to this power in my will. If I fail to fully or
effectively exercise this power to designate the beneficiaries of the then remaining principal of
the trust, the trustee shall hold and administer such portion of the trust that I have not effectively
appointed (other than any amount distributable to me or my personal representatives pursuant
to this Article) pursuant to the terms and conditions of Article IV below.
2.2.2 Term Termination. If upon the termination date I am alive, my
interests shall terminate and the trustee shall hold and administer all property then belonging to
the principal of the trust (other than any amount distributable to me pursuant to this Article)
pursuant to the terms and conditions of Article IV below.
2.3 Trust Purpose. I intend to create a qualified personal residence trust within
the meaning of section 2702(a)(3)(A)(ii) of the Internal Revenue Code and section 25.2702-5(c)
of the regulation. Accordingly, the provisions of this instrument shall be construed and the
trusts created hereunder shall be administered solely in accordance with said intention and in a
manner consistent with that section of the Internal Revenue Code and the regulation and with
any successor section or regulation and any revenue rulings, revenue procedures, notices or
other administrative pronouncements that may be issued thereunder by the Internal Revenue
Service. Should the provisions of this instrument be inconsistent or in conflict with such section,
• regulation, any successor section or regulation, or any revenue rulings, notices or other
administrative pronouncements, in effect or issued from time to time, then such section,
regulation, successor section or regulation, or rulings, notices or administrative pronouncements
shall be deemed to override and supersede the provisions which are set forth herein. If such
section or regulation, or any successor section or regulation, or any ruling, notice or other
administrative pronouncement issued thereunder, at any time requires that instruments creating
a trust to hold a personal residence contain provisions that are not expressly set forth herein,
such provisions shall be incorporated into this instrument by reference and shall be deemed to
be a part of this instrument to the same extent as though they had been expressly set forth
herein. All references in this instrument to "the regulation" shall mean Treas. Reg. §25.2702-5
and shall be deemed to refer to any successor regulations and any rulings, notices or other
administrative pronouncements that may be issued thereunder. The term "personal residence"
as used in this instrument shall mean a personal residence within the meaning of Internal
Revenue Code section 2702(a)(3)(A)(ii) and the regulation.
• 4
ARTICLE IIT
ANNUITY TRUST
3.1 Trust. Each time property is directed to be held under this Article it shall be
administered in a separate trust (i.e., if property is directed to be held under this Article on two
separate occasions, two separate trusts shall be created) for the following uses and purposes: to
manage, invest and reinvest the same, to collect the income thereof, and to pay to me in each
taxable year of the trust the amount (the "annuity amount") set forth below. My right to receive
the annuity amount hereunder shall begin on the date the residence is sold, the date of damage
or destruction of the residence, or the date on which the residence ceases to be used or held for
use as my personal residence, as the case may be (the "beginning date"). The first taxable year
of the trust shall commence on the date that the property for which the beginning date relates
is converted to a qualified annuity interest and thereafter shall operate on a calendar year basis.
The annuity amount shall be paid in equal quarterly installments, from trust income, and, to the
extent that the income is not sufficient, from trust principal. Any trust income for a taxable year
in excess of the annuity amount shall be added to the trust principal. Notwithstanding the above,
the trustee may defer payment of the annuity amount otherwise payable after the beginning date
until the date that is 30 days after the property for which the beginning date relates is converted
to a qualified annuity interest (hereinafter the "conversion date"); provided that any deferred
payment must bear interest from the beginning date at a rate not less than the rate in effect under
Internal Revenue Code Section 7520 for the beginning date. However, the trustee may reduce
the aggregate deferred annuity payments by the amount of income actually distributed by the
trust to me during the deferral period.
3.2 Annuity Amount. The annuity amount shall be no less than:
3.2.1 Entire Trust Ceases to be a Qualified Personal Residence
Trust. If, on the conversion date, the assets of the original trust do not include a residence used
or held for use as my personal residence, the annuity may not be less than an amount determined
by dividing the lesser of the value of all interests retained by me (as of the date of the original
transfer or transfers) or the value of all the trust assets held under this instrument (as of the
conversion date) by an annuity factor determined (i) for my original 20 year term, (ii) using the
rate determined under Internal Revenue Code Section 7520 (as of the date of the original
transfer), and (iii) assuming the annuity percentage equals the rate determined in (ii) of this
sentence. If, on the conversion date, one or more separate trusts are being held under this
Article III, the annuity amount determined pursuant to the preceding sentence shall be adjusted
down by the amount of the annuity amount(s) determined for the other separate trust(s) held
under this Article III.
0
3.2.2 Portion of Trust Continues as Qualified Personal Residence
Trust. If, on the conversion date, the assets of the original trust include a residence used or
held for use as my personal residence, the annuity must not be less than the amount determined
under the first sentence of section 3.2.1, above, multiplied by a fraction. The numerator of the
fraction is the excess of the fair market value of all trust assets held under this instrument on the
conversion date over the amount (including acquisition costs) reinvested in the replacement
residence or expended for repairs of the existing residence, and the denominator of the fraction
is the fair market value of all trust assets held under this instrument on the conversion date. If,
on the conversion date, one or more separate trusts are being held under this Article III, the
annuity amount determined pursuant to the preceding sentences shall be adjusted down by the
amount of the annuity amount(s) determined for the other separate trust(s) held under this Article
III.
3.3 Valuation. For purposes of determining the annuity amount, the value of
property transferred by me to the trustee shall be its fair market value for federal gift tax
purposes_ If the fair market value of the property is incorrectly determined, then within a
reasonable period after the value is finally determined for federal gift tax purposes, the trustee
shall pay to me (in the case of an undervaluation) or shall receive from me (in the case of an
overvaluation) an amount equal to the difference between the annuity amounts properly payable
and the annuity amounts actually paid.
• 3.4 Short Years. In determining the annuity amount, the trustee shallP rorate the
same on a daily basis for a short taxable year and the taxable year in which my interest
terminates.
3.5 Commutation; Trust Payments; Additions. My interest shall not be subject
to commutation. Prior to the termination date, no payment shall be made to any person other
than me; provided, however, that this sentence shall not be construed to prevent the payment
by the trustee of expenses properly chargeable to this trust. No additional contributions shall
be made to a separate trust created under this Article after the initial funding.
3.6 Termination; Power of Appointment; Default. Upon the termination date
all property held under this Article shall be distributed as follows:
3.6.1 If the termination date is the date of my death, the trustee shall pay
a fractional share of any separate trust held under this Article to such persons including the
creditors of my estate in such shares and on such terms as I may appoint by specific reference
to this power in my will. The fractional share shall have a numerator equal to the amount of
the property held under this Article (in all separate trusts) which is includible in my gross estate
for federal estate tax purposes and a denominator equal to the value of all trust property held
under this Article (in all separate trusts) as determined in my federal estate tax proceeding. If
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I fail to fully or effectively exercise this power to designate the beneficiaries of such fractional
share, such unappointed trust property shall be held and administered pursuant to the terms and
conditions of Article IV below.
3.6.2 The balance, if any, of any separate trust held under this Article, or,
if upon the termination date I am alive, all property of any separate trust held under this Article
shall be held and administered pursuant to the terms and conditions of Article IV below.
3.7 Trust Purpose. If any property is directed to be held pursuant to this Article
III, I intend to create in such property a qualified annuity interest pursuant to Internal Revenue
Code Section 2702(b)(1) and Treas. Reg. §25.2702-3 (or any successor regulations) and this
instrument shall be so interpreted.
ARTICLE IV
BAUTSCH FAMILY TRUST
Any property directed to be held under this Article shall be administered in a
separate trust known as the BAUTSCH FAMILY TRUST and disposed of as follows:
4.1 Income. The trustee shall pay to my wife during her lifetime the income from •
the BAUTSCH FAMILY TRUST in quarterly or monthly installments, as she may prefer.
Underproductive property shall not be held as an asset of the BAUTSCH FAMILY TRUST for
more than a reasonable time during my wife's lifetime without my wife's written consent. The
trustee may also pay to my wife such sums from principal as shall be reasonably necessary from
time to time for my wife's health and maintenance in reasonable comfort. On the death of my
wife, if she predeceases me, the trustee shall pay the trust income, in convenient installments,
at least annually, equally to my then living children, Mer capita and not per stirpes.
4.2 Power of Appointment. On the death of my wife, if she survives me, the
principal of the BAUTSCH FAMILY TRUST shall be distributed to or for the benefit of such
one or more descendants of mine or charities in such proportions and subject to such trusts,
powers and conditions as my wife may provide and appoint by will specifically referring to this
power of appointment.
43 Termination. Upon the death of the latter to die of my wife and me, the
BAUTSCH FAMILY TRUST shall terminate and the trustee shall distribute the balance of the
trust equally to my then living children, Mer capita and not per stirpes, or if no such child shall
then be living, to the legal representatives of the estate of the last to die of such children.
•
ARTICLE V
TRUSTEE
5.1 Trustee Resignation. I may resign at any time by written notice to my wife,
if she is then living and able to act as trustee, otherwise to each beneficiary then entitled to
receive or have the benefit of the income from the trust. Any other trustee may resign at any
time by written notice to me, if then living, otherwise, to each beneficiary then entitled to
receive or have the benefit of the income from the trust,
5.2 Trustee Succession. Upon the earlier of the termination date and my
resignation, refusal or inability to act as trustee, I shall cease to act as trustee hereunder and my
wife, DIANE, shall be and become trustee, otherwise or upon her later death, resignation or
inability to act, my then living children, from time to time living and able to act, shall be and
become trustee. In the case of the resignation or refusal or inability to act of all trustees
appointed to act hereunder, I, if living and if prior to the termination date, otherwise, a majority
of my adult children shall appoint a successor trustee. In case of any further vacancy in the
office of trustee, 1, if living and if prior to the termination date, otherwise, a majority of my
adult children shall appoint a successor trustee. At no time shall I be a trustee of any trust after
the termination date.
5.3 Successor Trustee Powers. Every successor trustee shall have all the powers
given the originally named trustee. No successor trustee shall be personally liable for any act
or omission of any predecessor. With the approval of the beneficiary or a majority in interest
of the beneficiaries then entitled to receive or have the benefit of the income from the trust, a
successor trustee may accept the account rendered and the property received as a full and
complete discharge to the predecessor trustee without incurring any liability for so doing.
ARTICLE VI
MISCELLANEOUS
5.1 Definitions. Except as otherwise expressly provided, the terms "child" and
"children" mean all persons who are children of the person referred to for purposes of intestate
succession as determined under the laws of Florida as those laws exist on the date of this trust
instrument.
6.2 Irrevocable and Unamendable. I waive all right, power and authority to
alter, amend, modify, revoke or terminate this trust instrument and the trusts hereby evidenced.
0
6.3 Administrative Provisions. I incorporate by reference the Administrative
Provisions attached to this instrument on this date.
IN WITNESS WHEREOF I hereby execute this agreement dated this 3 1 day
of (�o 0 .,.,s-A�, 1992.
Wi esses.
/61:X, -Z! 9-�- -
DAViD Jj(4AUTSCH, Settlor
ACCEPTED.
0747JIMM-AUTSCH, as Trustee
This trust instrument is hereby acknowledged by the successor trustee and alternate successor
trustees appointed hereunder.
.a�/.
DIANE E. BAUTSCH, as Successor Trustee
MICHAELD, BAUTSCH, as Alternate Successor Trustee
MARNE BAUTSCH, as Alternate Successor Trustee
VfG—GAf PAUTSCH, as Alternate Successor Trustee
•
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STATE OF FLORIDA
COUNTY OF COLLIER
Before me, a Notary Public, the foregoing instrument was acknowledged this
�3 l day of () , 1992, by DAVID J. BAUTSCH, as Settlor, who 2' --is
personally known to me or who O has produced a driver license as identification, and who did
not take an oath.
- Q't— 01A
bKtqy Public
Statd of Florida at Large
My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA
MY COIMtISSION EXP. OCM5,1994
(� BONDED mRU GENERAL INS. UND.
(Printed, typed or stamped commissioned name of Notary Public)
STATE OF FLORIDA
COUNTY OF COLLIER
Before me, a Notary Public, the foregoing instrument was acknowledged this
day of o -P 1992, by DAVID J. BAUTSCH, as Trustee, who
personally known to me or who O has produced a driver license as identification, and who did
not take an oath.
o Public
Sta of Florida at Large
My Commission Expires: NOTARY PUBLICSION STATEP. OF FLORIDA
1994
BONDED THRU iENERAI. INS. UND.
SoA� ✓��_ i� os t=
(Printed, typed or stamped commissioned name of Notary Public)
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DAVID J. BAUTSCH
PERSONAL RESIDENCE TRUST
SCHEDULE "A"
Received from DAVID J. BAUTSCH the following assets for deposit to the
above -captioned trust:
Real property located at 297 Third Street West, Bonita Springs, Florida, 33923
and more particularly described as:
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Lot 9, Block F, Replat of Unit No. 3, LITTLE HICKORY SHORES, per plat
thereof recorded at Plat Book 6, Page 2, of the Public Records of Collier County,
Florida. 40
Dated: December 31, 1992
DAVID AUTSCH, as Trustee
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ADMINISTRATIVE PROVISIONS
101173
DAVID J. BAUTSCH PERSONAL RESIDENCE TRUST
1. Residential Property. This trust is created for the primary purpose of holding one residence
for my use prior to the termination date and after the termination date for the use and beneficial enjoyment of the
then trust beneficiaries. The trustee is expressly authorized to retain residential property transferred to the trust and
to invest and reinvest all of the trust principal in residential property even though such property may not have
significant appreciation potential and "use" value and even though such property may not be the type of property
traditionally considered appropriate for trust investments. In this regard the trustee is expressly relieved of (i) any
statutory (including Florida Statutes 737.302) or common law "prudent man" or prudent investment rule and (ii)
any statutory or common law duty of diversification.
2. Powers of Trustee. The trustee shall hold, manage, care for and protect the trust property and
shall have the following powers and, except to the extent inconsistent herewith, those now or hereafter conferred
by law:
2.1 To retain any property (including personal residence property) originally constituting
any trust or subsequently added thereto, although not of a type, quality or diversification considered proper for trust
investments;
2.2 To invest and reinvest any trust property in (including that of any corporate trustee
hereunder or a parent or affiliate company) personal residence property, bonds, stocks, mortgages, bank deposits,
options, futures contracts, limited partnership interests, shares of registered investment companies, notes or other
property of any kind, real or personal, domestic or foreign, suitable for the investment of trust funds, including any
participation in any common trust fund; to deposit or arrange for the deposit of securities in a central depository;
2.3 To cause any property, real or personal, belonging to any trust to be held or registered
in the trustee's name or in the name of a nominee or in such other form as the trustee deems best without disclosing
the trust relationship;
2.4 To vote in person or by general or Iimited proxy, or refrain from voting, any
corporate securities for any purpose, except that any security as to which the trustee's possession of voting discretion
would subject the issuing company or the trustee to any law, rule or regulation adversely affecting either the
company or the trustee's ability to retain or vote company securities, shall be voted as directed by the acting trustee
remover (or if none, by the oldest beneficiary able to act) to exercise or sell any subscription or conversion rights;
to consent to and join in or oppose any voting trusts, reorganizations, consolidations, mergers, foreclosures and
Iiquidations and in connection therewith to deposit securities and accept and hold other property received therefor;
2.5 To lease trust property for any period of time though commencing in the future or
extending beyond the term of any trust;
2.6 To borrow money from any lender, extend or renew any existing indebtedness and
mortgage or pledge any property in any trust;
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2.7 To sell at public or private sale, contract to sell, convey, exchange, transfer and
otherwise deal with the trust property and any reinvestments thereof, and to sell put and covered call options, from
time to time for such price and upon such terms as the trustee sees fit;
2.8 To employ agents, attorneys and proxies and to delegate to them such powers as the
trustee considers desirable;
2.9 To compromise, contest, prosecute or abandon claims in favor of or against any trust;
2.10 To distribute income and principal in cash or in kind, or partly in each, and to
allocate or distribute undivided interests or different assets or disproportionate interests in assets, and no adjustment
shall be made to compensate for a disproportionate allocation of unrealized gain for federal income tax purposes;
to value any trust property and to sell any part or all thereof in order to make allocation or distribution; no action
taken by the trustee pursuant to this section shall be subject to question by any beneficiary;
2.11 To deal with, purchase assets from, or make loans to, the fiduciary of any trust made
by me or any member of my family or a trust or estate in which any beneficiary under this instrument has an
interest, though a trustee hereunder is the fiduciary, and to retain any property so purchased; to deal with a
corporate trustee hereunder individually or a parent or affiliate company;
2.12 To establish out of income and credit to principal reasonable reserves for depletion,
but reserves for depreciation shall not be established except to the extent that the trustee determines that readily
marketable assets in the principal of any trust will be insufficient for any renovation, major repair, improvement
or replacement of trust property which the trustee deems advisable; •
2.13 To transfer the situs of any trust property to any other jurisdiction as often as the
trustee deems it advantageous to any trust, appointing a substitute trustee (except in no event shall I act as a trustee
after the termination date) to itself to act with respect thereto; and in connection therewith, to delegate to the
substitute trustee any or all of the powers given to the trustee, which may elect to act as advisor to the substitute
trustee and shall receive reasonable compensation for so acting; and to remove any acting substitute trustee and
appoint another, or reappoint itself, at will;
2.14 To elect, pursuant to the terms of any employee benefit plan, individual retirement
plan or insurance contract, the mode of distribution of the proceeds thereof, and no adjustment shall be made in the
interests of the beneficiaries to compensate for the effect of the election;
2.15 To buy, sell and trade in securities of any nature, to maintain and operate margin
accounts with brokers and pledge any securities held or purchased by them with such brokers as security for loans
and advances made to the trustee;
2.16 To perform other acts necessary or appropriate for the proper administration of any
trust, execute and deliver necessary instruments and give full receipts and discharges;
2.17 To employ and compensate as they deem appropriate, any brokers, advisors,
professional persons and other agents, whether or not an individual fiduciary hereunder performs the services or
has any pecuniary interest in the firm performing the services, without liability for payment of compensation at a
higher rate than might have been negotiated elsewhere and without diminution of any such individual's fiduciary
commissions hereunder;
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2.18 To periodically inspect, review and monitor, or require the inspection, review and
monitoring of any and all property held in any trust for the purpose of determining compliance with any law, rule
or regulation affecting such property, with all expenses of such inspection, review and monitoring to be paid from
the income or principal of such trust;
2.19 To take any and all action it shall reasonably deem necessary, in its sole discretion,
to prevent, abate, "clean-up", or otherwise respond to any actual or threatened violation of any federal, state or
local law, rule or ordinance affecting any trust property related to the generation, use, treatment, storage, disposal,
release, discharge, or contamination by any materials or substances that are prohibited or regulated by federal, state
or local law or that are known to pose a hazard to the environment or human health. Such actions may be taken
prior to the initiation of enforcement action by a federal, state or local agency. The trustee shall obtain an estimate
of the costs of such response to such violation or contamination and shall notify the beneficiaries of the trust of the
estimated costs of such response. Such beneficiaries shall have the right to pay for any such response costs or to
authorize payment of such costs by the trustee from the trust. If the beneficiaries of the trust for any reason fail
to pay for or authorize payment of such costs from the trust, the trustee shall nonetheless be entitled to use trust
assets to pay such costs, or in its sole discretion, to resign in accordance with the provisions provided in this trust
instrument regarding the resignation of the trustee;
2.20 To disclaim any power which, in its sole discretion, will or may rause the trustee
to be considered an "owner" or "operator" of property held in any trust, under the provisions of the Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) as amended from time to time, or which shall
otherwise cause the trustee to incur liability under CERCLA or any other federal, state or local rule, or regulation.
The power to disclaim, as contained in this section shall apply to any power whether actually set forth in the this
• trust instrument, incorporated by reference herein, or granted or implied by any statute or rule of law;
2.21 To make all repairs, alterations and improvements as it may deem advisable to any
residence held under this trust;
2.22 To comply with all building codes, zoning and licensing requirements, and other
federal, state and local requirements for any residence held under this trust;
2.23 To act on behalf of this trust in any eminent domain proceedings for the
condemnation of any residence held under this trust and, if it deems it advisable, to employ independent real estate
experts for appraisal and testimony in connection with any eminent domain proceedings;
2.24 For any residence held under this trust which is damaged or destroyed, whether by
fire, storm or otherwise, to repair or rebuild the residence in the manner that it may determine, using the proceeds
of any insurance which may become available as a result of the damage or destruction, or, to the extent that the
insurance is not sufficient, the principal held under this trust; and
2.25 To mortgage any residence held under this trust in the amount, on the conditions,
and at the rates of interest, that it deems advisable.
3. Facility of Payment. If income or principal becomes payable to a minor or to a person under
legal disability or to a person not adjudicated incompetent but who, by reason of illness or mental or physical
disability, is in the opinion of the trustee unable properly to manage his or her affairs, then that income or principal
shall be paid or expended only in such of the following ways as the trustee deems best: (i) to the beneficiary direct-
ly; (ii) to the legally appointed guardian of the beneficiary; (iii) to a custodian for the beneficiary under a Uniform
0
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Gifts to Minors Act or a Uniform Transfers to Minors Act; (iv) by the trustee directly for the benefit of the
beneficiary; or (v) to an adult relative or friend in reimbursement for amounts properly advanced for the benefit
of the beneficiary.
4. Donee's Will. The trustee may rely on a will admitted to probate in any jurisdiction as the last
will of a beneficiary, or may assume the beneficiary had no will in the absence of actual knowledge of a will within
three months after his or her death.
S. Common Funds. The trustee may consolidate and merge for all purposes any trust with any
other trust created by me or any other person at any time, which other trust contains substantially the same terms
for the same beneficiary or beneficiaries and is being administered by the same trustee or trustees, merging the trust
with the longer rule against perpetuities period into the trust with the shorter period without incurring any liability
therefore, and thereafter may administer such consolidated and merged trusts as one unit; but if such consolidation
and merger does not appear desirable or feasible, the trustee may consolidate the assets of such trusts for purposes
of investment and administration while retaining separate records and accounts for the separate trusts. For
convenience of administration or investment, the trustee may hold several trusts as a common fund, dividing the
income proportionately among them, assign undivided interests to the several trusts, and make joint investments of
the funds belonging to them.
6. Accrued Income. Except as otherwise provided, income accrued or undistributed at the
termination of any interest shall be treated as if it had accrued immediately after such termination. No statute with
respect to underproductive property shall apply to any trust under this instrument.
7. Spendthrift Provision. The interests of the beneficiaries in principal or income shall not be
subject to the claims of their creditors or others and may not be involuntarily transferred or encumbered. The
preceding sentence shall not be construed as restricting in any way the exercise of any power of withdrawal or
power of appointment granted by this instrument.
8. Limited Independent Power to Amend and Terminate. I recognize that there may be future
amendments and interpretations of the federal wealth transfer tax laws that could thwart the trust purposes, in which
case it may be in the best interests of the beneficiaries that the trust instrument be amended to comply with such
changes in law while achieving the same or substantially the same trust objectives. Furthermore, I recognize that
there may be circumstances in which it may not be in the best interests of my beneficiaries to continue such trust(s)
in existence in their present form or for the initial duration.Accordingly, during my lifetime DALE MILLER, if
living and able to act, otherwise ANDREW 1. KRAUSE, if living and able to act, otherwise, the then corporate
president of Myers Krause & Stevens Chartered or its successor in interest, shall be authorized, in his or her sole
discretion as a fiduciary and for any reasons stated herein, to amend this agreement to carry out the trust purpos5_.____'
After the termination date, this power of amendment may be exercised to terminate a trust. This power of
amendment shall not be exercised in any manner that would lessen my interest. Additionally, if the trust instrument
is amended, no beneficiary of the trust instrument as amended shall be a person other than a beneficiary under the
trust instrument as originally executed or a descendant of mine. If a trust is terminated, the trustee shall distribute
any remaining trust property per capita to my then living children unless otherwise provided in the termination
directive, provided it is consistent with the provisions for amendment under this section; provided, however, that
the person acting under this section shall consider the generation -skipping tax implications of a terminating
distribution to a nonskip person. No one shall have any responsibility for any failure to exercise any authority
granted in this section 8.
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9. Perpetuities Savings. Anything to the contrary notwithstanding, each trust that is created by
this instrument (or by exercise of any power of appointment or amendment granted in this instrument) and not
sooner terminated shall terminate upon the expiration of the period of any applicable rule against perpetuities
(determined without using as a measuring life any person who is neither me nor a beneficiary of any trust so
created). Any property still held in trust at the expiration of that period shall immediately be distributed to the
persons then entitled to receive or have the benefit of the income therefrom in the proportions in which they are
entitled thereto, or if their interests are indefinite, then in equal shares.
10. Trustee's Actions. The trustee's exercise or non -exercise of powers and discretion in good faith
shall be binding on all persons. No one need see to the application of money paid or property delivered to the
trustee. The trustee's certificate that the trustee is acting according to this instrument shall fully protect all persons
dealing with the trustee.
11. Administration of Trust Independent of Court. To the extent such requirements can be
waived, the trustee shall not be required (a) to file accounts or reports of the administration of the trusts, or to
register the trusts, in any court, (b) to furnish any bond or other security for the proper performance of the trustee's
duties, or (c) to obtain authority from a court for the exercise of any power conferred on the trustee by this
instrument.
12. Inability to Act. Any person acting or named to act in a fiduciary capacity hereunder or
required to be legally competent in order to act hereunder shall be unable to act hereunder if such person is or shall
become incapacitated. Such person shall be considered to have ceased or failed to act or to be legally incapacitated
when a physician whom such person has consulted within the prior three years has certified as to such consultation
and also as to the lack of the physical or mental capacity of such person to manage his or her financial affairs.
13. Compensation and Accountings. The trustee shall render an account of its receipts and
disbursements and a statement of assets at least annually to me, if living, otherwise to my wife, if living, otherwise
to each adult beneficiary. The trustee shall be reimbursed for all reasonable expenses incurred in the management
and protection of the trust. Any trustee shall be entitled to a reasonable compensation for services rendered, unless
waived. The trustee's regular compensation shall first be charged all against income during my lifetime and
thereafter half against income and half against principal, except that the trustee shall have full discretion at any time
or times to charge a larger portion or all against income without being limited to circumstances specified by state
law.
14. Special Trustee. If for any reason a trustee is unwilling or unable to act as to any property,
such person or qualified corporation as the trustee shall from time to time designate in writing shall act as special
trustee as to that property, except in no event shall I act as special trustee after the termination date. Any person
or corporation acting as special trustee may resign at any time by written notice to the trustee. Each special trustee
shall have the powers granted to the trustee by this trust instrument, to be exercised only with the approval of the
trustee, to which the net income and the proceeds from sale of any part or all of the property shall be remitted to
be administered under this trust instrument.
15. Legal Obligations. None of the provisions of this trust instrument shall operate or be construed
to satisfy or discharge (or to enable the satisfaction or discharge of), in whole or in part, any legal obligation of any
individual trustee to any beneficiary for whom a trust held hereunder is named or any descendant of any such
beneficiary, and the interests of all beneficiaries hereunder in income or principal are and shalt be in addition to
and not in substitution for any such obligation.
A-5
16. Adviser Provisions. From and after the termination date but only during such time that the
trustee is someone other than my wife, DALE MILLER, if then living and able to act, otherwise ANDREW J.
KRAUSE, if then living and able to act, shall be an adviser. An acting adviser, by writing signed by him or her
and filed with the acting trustee, may designate one or more co -advisers and successor advisers, may specify the
time during which and the order in which such co -advisers and successor advisers shall act and may provide for
the removal of such co -advisers and successor advisers and for the manner in which additional co -advisers and
successor advisers shall be selected or removed. If more than one such writing is filed with the trustee, the last
writing so filed by an acting adviser shall supersede all prior writings. Except as otherwise provided by the term
of his or her designation, each adviser shall act as long as he or she is legally competent and willing to act.
Despite the general powers of the trustee, while one or more advisers shall be acting hereunder,
the following provisions apply where the context admits:
16.1 The trustee shall make no sale or investment of trust assets without the written
approval of the adviser unless the adviser fails to indicate approval or disapproval of the trustee's proposal within
ten days after a written request to do so.
16.2 The trustee shall follow all written directions of the adviser as to the purchase, sale
or encumbrance of trust assets.
16.3 The trustee shall not be liable for a loss that results from following an express
disapproval or direction by the adviser or any delay in receiving approval or disapproval from the adviser under
this section 18.
16.4 The rights, powers and duties herein conferred on each adviser shall be exercisable S
only in a fiduciary capacity.
16.5 While more than two advisers are acting, any action or decision of the majority of
them shall be as effective as if taken or made by all advisers. If the acting advisers are evenly divided on any
matter, the trustee shall make the decision.
16.6 An adviser may resign at any time or from time to time may waive or delegate to any
person any or all of such adviser's rights, powers and duties by written notice to the trustee and the other adviser
or advisers, if any.
16.7 The words "adviser" and "advisers" mean the person or persons named or designated
in the manner provided above from time to time acting as adviser or advisers under this section 16.
17. Estate Tax Liability. In the event that some part of the trust property is includible in my gross
estate for federal estate tax purposes (referred to below as "includible trust property"), the trustee shall remit to the
personal representative of my estate out of such includible trust property an amount equal to that portion of the
federal estate tax imposed by reason of my death which the personal representative would be entitled to recover
under Internal Revenue Code Sections 2207 or 2207B, whichever is applicable, or successor provisions, irrespective
of any provision of my will. Any payment of such federal estate tax by the trustee pursuant to the provisions of
this section shall be charged against the principal of the includible trust property without apportionment or proration,
irrespective of any apportionment statute or similar rule of law of any jurisdiction otherwise applicable and
irrespective of any provision of my will, and the trustee shall not seek contribution or recovery of any such
payment.
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18. Construction. The table of contents and article and section headings used are for convenience
only and shall not be resorted to for interpretation of the trust. Wherever the context so requires, the masculine,
feminine or neuter gender shall include the other two genders, the singular shall include the plural and the plural
shall include the singular. No discretionary power to make principal distributions which is given a trustee who is
also a beneficiary shall be construed by the trustee or others as a power exercisable by such trustee in other than
a fiduciary capacity, however despite the conflict in interest the trustee's powers may be exercised without court
authorization or prior notice to the remainderman.
19. Additions. 1, or any other person, may transfer or devise additional property to the trustee to
be held under this trust instrument and may designate the trust to which the addition shall be added. If the addition
is made by will, the trustee shall accept the statement of the personal representative that the assets delivered to the
trustee constitute all of the property to which the trustee is entitled, without inquiring into the personal
representative's administration or accounting.
20. Disclaimer. Any beneficiary of any trust hereunder shall have the right to disclaim any part
or all of his or her interest in said trust. Said disclaimer may be effected through compliance with the requirements
of the laws of any jurisdiction in which this trust may be administered. Alternatively, the trustee may act upon any
written disclaimer of any interest, in whole or in part, in any trust created hereunder, provided any such written
disclaimer is in compliance with Sections 2046 and 2518 of the Internal Revenue Code (whichever applies) and the
valid regulations thereunder. In the event any beneficiary is legally incapacitated or otherwise unable to act in his
or her own behalf, the trustee may accept the disclaimer of the legal or natural guardian (or other authorized
representative) of said beneficiary without the necessity of court approval.
• 21. Trustee's Certificate. A certificate signed by any trustee under this trust instrument and
acknowledged by such trustee before a notary public shall be conclusive evidence upon all persons and for all
purposes of the facts stated in the certificate respecting the terms of this trust instrument and the identity of the
trustees who from time to time are serving under it.
22. Internal Revenue Code. References throughout this trust instrument to sections of the Internal
Revenue Code and regulations shall be deemed to include any corresponding amendments to those sections and
regulations and any corresponding statute hereinafter in effect. References throughout this trust instrument to the
Internal Revenue Code shall mean the Internal Revenue Code of 1986 and references to the Treasury regulations
shall mean the Treasury Regulations promulgated under the Internal Revenue Code.
23. Florida Law. The law of the State of Florida shall govern the interpretation and validity of
the provisions of this instrument and all questions relating to the management, administration, investment and
distribution of the trusts hereby created.
24. Counterparts. This trust instrument may be executed simultaneously in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same
trust instrument. This trust instrument shall be binding when one or more counterparts hereof, individually or taken
together, shall bear the signature of the parties reflected hereon as signatories.
MYERS KRAUSE & STEVENS, CHARTERED
0 A-7
David Bautsch BDE
PL20170000541
Primary Criteria &
Secondary Criteria
Greg Orick II Marine Construction Inc.
0
David Bautsch Dock Facility Extension
PL20170000541(BDE)
Primary Criteria
1. The upland property is a single-family residential zoned lot that per LDC is
allowed two slips. Proposed dock consists of 1 slip and lift with an open -
sided boathouse, which is appropriate for a single-family dwelling. We are
requesting a 33.16 extension from the allowed 20 -foot protrusion.
2. This area of Little Hickory Bay has become extremely shallow since the
existing dock was permitted in 1990 (90-7814). The water depths have
become insufficient to moor a motorized vessel within their riparian
rights without protruding greater than the allowed 20 -feet into
waterway. Water depths are too shallow for mooring at mean low tide as
shown in bathymetric survey, average water depth at mean low tide is
less than 3 -feet.
3. Proposed dock facility does not intrude into marked or charted navigable
channel, thus no adverse impact on navigation is expected. The proposed
dock, boathouse and lift have been designed not to impede navigation
and is congruent with the other existing docks along this shoreline.
4. Proposed dock facility protrudes a total of 53.16 -feet from property line
(most restrictive), the overall protrusion is 21.71% of 260' of waterway,
dock facility maintains more than 7590 of navigable waterway open.
S. Proposed dock facility location nor design interferes with neighboring
docks as shown in county appraiser's aerial view and in fact the proposed
facility is consistent with existing facilities along the shoreline.
r -I
LJ
David Bautsch Dock Facility Extension
PL20170000541(BDE)
Secondary Criteria
1. The proposed dock facility has old existing seawall, mangrove growth
along the shoreline, plus shallow water depths justifies proposed
extension of dock into deeper water.
2. Proposed dock facility allows reasonable and safe access to vessel without
excessive deck area as shown in site plan survey.
3. Length of vessel is 32' and is less than 50% of property's linear waterfront
of 225.19 as shown in site plan survey.
4. Proposed dock facility will not have a major impact on waterfront view of
neighboring property owners and will be consistent with existing facilities
along shoreline as shown in county appraiser's aerial view.
S. To our knowledge no sea grass beds are located near proposed dock
facility as shown in the results of submerged resource survey conducted
by Jeremy Sterk of Earth Tech Environmental, LLC and provided for
review.
6. Proposed dock facility consists of 1 boat slip and lift, an open -sided
boathouse, thus does not require Manatee Protection Plan as stated in
LDC subsection 5.03.06 E.11 or N/A.
•
0
0
David Bautsch BDE
PL20170000541
Boat House Criteria
Greg Orick II Marine Construction Inc.
David Bautsch Dock Facility Extension
PL20170000541(BDE)
Boathouse Criteria: 5.03.06.F
1. Side setbacks provided: 31.39 feet on the left (North East) and
13279 on the right (West).
2. Maximum protrusion into waterway is 53.16 feet or 21.71
percent of the most restricted area of 260 feet.
3. Maximum height of boathouse roof will be 15 feet above
existing seawall cap as provided on the engineering drawings.
4. The proposed boathouse will be the only structure on the
property besides the primary residence.
•
S. All sides will be left open as shown on the engineering drawing.
The boathouse overhang is 2' as also shown in engineering .
drawing.
6. The roof material will be plywood and hurricane straps to
specifications and the same color and material as the principal
upland structure.
7. The boathouse is located well within the setbacks of the uplands
property (as shown on survey) and has been moved slightly
north as to minimize the impact on the view of the adjacent
neighbors.
0
David Bautsch BDE
PL20170000541
Submerged Resource Survey
•
Greg Orick II Marine Construction Inc.
C]
MEMORANDUM
DATE: December 22, 2016
TO: Greg Orick Marine Construction
1035 Collier Center Way, Suite I
Naples, FL 34110
FROM. Jeremy Sterk
RE: 297 3b St W
An ecologist from Earth Tech Environmental (ETF) conducted a Submerged Resource Survey (SRS) at the referenced
property on December 21, 2016. The purpose of the survey was to evaluate the proposed dock area for the presence
of important submerged resources such as seagrass or hard bottom. The limits of the area surveyed are shown on
the attached aerial exhibit. The survey was conducted utilizing SCUBA and photographs were taken to document
observations. Visibility during the survey was I to 2 feet
Dense Scaevoela toccada is present along the entire frontage of the lot There is a gentle slope immediately in from
of the shoreline that quiddy breaks to the deep water of the bay. Bottom material on the slope prior to the deep-
water break was predominately sand%shell. The bottom of the deep water channel is silty muck Both areas were
subject to heavy siltation and poor visibility. •
The existing dock is providing habitat for a variety of small fish and invertebrates. Mangrove snapper and sheepshead
were observed under and around the dock
In summary, no submerged resources that would preclude construction of a new dock within the survey area were
observed. See attached photographs for site conditions and observations.
Feel free to contact me if you have any questions.
E
EARTH TECH ENVIRONMENTAL, I.LC 1455 RAIL HEAD BOULEVARD SfE 8, NAPLES, R 34110 viww.etenvlrontom
0
0
E
0
0
Photo 4, Bottom habitat example.
0
0
Photo 6. Bottom habitat example.
•
0 0 0
David Bautsch BDE
PL20170000541
Boat House Drawings & Cross Section Drawings of
Boat Lifts
L
Greg Orick II Marine Construction Inc.
C
GREG ORICK MARINE,
CONSTRUCTION, INC.
(239) 949.5588
Name: David Bautsc6
Address: 297 3'4 St W
Bonita Springs, FL 34134
Date: 111812017
Approved Signature; s
Approved Date: �
N
Seawall (3.80' NAVD)
— Northeast
PIL
Mangroves
MLWL(0.61'NAVD)
- MHWL (0.01' NAVD)
Seawall (3.80'NAVD)
Im MHWL
(oAl' NAVD)
MLWL
(481' NAVD)
Proposed Dock
548 f z
Proposed Boathouse
720 ft2
Cross Section
Plane
Approved Signature:
Approved Date:
I
— Mangroves
GREG ORICK MARINE
Name: David Bautsch
CONSTRUCTION, INC.
_(239) 949"5588
Address: 2973`" St W
Date: 11111201Bon 'ta ita priugs,FL 34134
Proposed Dock
548 f z
Proposed Boathouse
720 ft2
Cross Section
Plane
Approved Signature:
Approved Date:
I
Top of
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GREG ORICK MARINE Name: David Bautsch
CONSTRUCTION, INC, Address: 2973"St W
(239) 949.5588 Date, llinito Springs, FL 34134
Approved Signature: s
Approved Date: 4Y
N
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GREG ORICK MAR=David Approved Signature:CONSTRUCTION, I(239) 949.5588its
onita s,FL 34134
Approved Dafe:
USUN
Qade
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MLWL
David Bautsch BDE 0
PL20170000541
Aerial Overlays of Boat House, Protrusions and
Neighboring Dock Protrusions
Greg Orick II Marine Construction Inc.
r:
•
GREG ORICK MARINE Name;
CONSTRUCTION, INC, Address;
(239) 9495588 Date;
I
David Bautsch
297 3re St W
Bonita Springs, FL 34134
10125/2017
0
Approved Signature: N
we
Approved Date:
s
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David Bautsch BDE 0
PL20170000541
Bathymetric Survey and Proposed Site Plan Survey
Greg Orick II Marine Construction Inc.
•
0
PROPERTY
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PREPARED FOR: BAUTSCH F LY TRUST
DATE OF HELD SURVE 0 OCTOBER ST
AGNO.I, BARBER BRUNOAGE, INC.
PROFEBSIONAI GINEERS,PLANNERS & SURVEYORS AND MAPPERS
V
CU,R.SMNO. 5335 DATE SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD
EYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
DA STATUTES.
THIS SITE SURVEYSURVEY IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS
BY OTHER THAN THE SIGNING PARTIES WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR
PARTIES IS PROHIBITED BY CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE
THIS SITE PLAN SURVEY IS CERTIFIED AS TO THE DATE OF FIELD SURVEY, NOT THE SIGNATURE DATE.
ABSTRACT NOT REVIEWED
GENERAL NOTES:
I. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. P.D.B. - POINT OF BEGINNING.
3. P.O.C. - PONT OF COMMENCEMENT.
4, R.O.W. - RIGHT-OF-WAY.
5. CURVE DIMENSIONS ARE AS FOLLOWS:
A- DELTA, R - RADIUS, A - ARCH, CH - CHORD, AND
CHB - CHORD BEARING.
6. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM , EAST ZONE, NAD 83/90
DATUM AND REFERENCED TO THE CENTER UNE OF THIRD ST. W.,LITLE HICKORY SHORES LUNG IN SECTION 5,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING NORTH 68'41'11"EAST.
7_ ELEVATIONS ARE BASED ON NAVD 86 DATUM.
LEGAL DESCRIPTION
LOT 9, BLOCK F, REPLAT OF LITTLE HICHORY SHORES, UNIT NO, 3
ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 6, PAGE 2,
PUBLIC RECORDS OF COLDER COUNTY, FLORIDA.
CONTAINING 16158.6 SOUARE FEET OF LAND MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
CERTIFICATE
No. v3S} #
S STA'TF. OF ftL
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David Bautsch BDE
PL20170000541
Boat House Engineering
Greg Orick II Marine Construction Inc.
•
PLAN VIEW
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DETAIL
0 0 0
AGENDA ITEM 3-B
cUff7eY County
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION — ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: DECEMBER 14, 2017
SUBJECT: PDI -PL -20160003062; FOXFIRE PDI
PROPERTY OWNER/AGENT:
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.
REQUESTED ACTION:
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 corner 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
1
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I 151,61
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•
•
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 DUTA 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 Foxfire PUD Page 3 of 11
October 26, 2017
•
0
•
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.
PD!-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
October 26, 2017 Page 5 of 11
• 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 thisetition
p 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.
r
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.
5. 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 existingGolf Maintenance aintenance Facility without
PDI-PL20160003062 Foxfire PUD
October 26, 2017 Page 7 of 11
increasing the parcel. Required open space of the PUD will not be affected.
• 6. The timing or sequence of developmentf a .f purpose o ose e th
or ur 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 10.02.08Y.. 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.
S. 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.
r'Y
PDI-PL20160003062 FoAre 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
oftraffic 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
October 26, 2017 Page 9 of 11
• 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 ofpotential 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:
FRED HL, AICD, PRINCIPAL PLANNER DATE
ZONING ATE
ZONING DIVISION
REVIEWED BY:
PT
V. BELLOWS, ZONING MANAGER ,� * DZ_ E
ZONIVISION DATE
APPROVED BY:
MIKE BOSI, AICP, DIRECTOR
ZONING DIVISION DATE
PDI-PL20160003062 Foxfire PUD
October 26, 2017
f
Cor County
• COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
INSUBSTANTIAL CHANGE TO A PUD (PDI)
LDC subsection 10.02.13 E & Code of Laws section 2-83 —2-90
Ch. 3 G.3 of the Administrative Code
Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that
is not considered a substantial or a minor change. A PUD insubstantial change to an approved
PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall
require the review and approval of the Hearing Examiner. The Hearing Examiner's approval
shall be based on the findings and criteria used for the original application.
PETITION NO
PROJECT NAME To be completed by staff
DATE PROCESSED
APPLICANT CONTACT INFORMATION
• Name of Applicant(s): Foxfire 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
•
Name of Agent: Frederick E. Hood, AICP
Folio #: 33885680007 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
Co er County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
DISCLOSURE OF INTEREST INFORMATION
Is the applicant the owner of the subject property? ❑■ Yes ❑ No
❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below.
0 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.
❑ 5. 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.1. See Attachment "B" for the Project Narrative & Detail of Request.
PROPERTYINFORMATION
PUD NAME: FOXFIRE ORDINANCE NUMBER: 93-31
FOLIO NUMBER(S): 33885680007
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.
Does amendment comply with the Growth Management Plan? ❑■ Yes ❑ No
6/17/2015 Page 2 of 5
C,
•
•
0
•
•
COLLIER COUNTY GOVERNMENT
Co er County
2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliereov.net (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❑ No
If yes, in whose name?
Has any portion of the PUD been ❑ SOLD and/or ❑■ DEVELOPED?
Are any changes proposed for the area sold and/or developed?
If yes, please describe on an attached separate sheet.
6/17/2015
❑ Yes ■❑ No
Page 3 of 5
Cor County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.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 G.3 of the Administrative Code
The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at
time of application submittal. At final submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
�ttorhn 4 to cnrh ccrtinn Inemmnlato cuhmittalc will not be accented.
REQUIREMENTS FOR REVIEW
COPIES REQUIRED
NOT
REQUIRED
Completed Application (download current form from County website)
16
❑
❑
Pre -Application Meeting notes
1
El
Project Narrative, including a detailed description of proposed changes
and why amendment is necessary
16 ❑
❑
Detail of request
❑ 0
Current Master Plan & 1 Reduced Copy
❑ ❑
❑
Revised Master Plan & 1 Reduced Copy
❑ ❑
❑
Revised Text and any exhibits
❑ ❑
❑
PUD document with changes crossed through & underlined
❑ 0
❑
PUD document as revised with amended Title Page with Ordinance #
❑ ❑
❑
Warranty Deed
❑ El
❑
Legal Description -Attachment „C.,
❑ ❑
❑
Boundary survey, if boundary of original PUD is amended
❑ ❑
❑
If PUD is platted, include plat book pages
❑ 0
❑
List identifying Owner & all parties of corporation
2 X
❑
Affidavit of Authorization, signed & notarized
2 X
❑
Completed Addressing Checklist
1 El
❑
Copy of 8 %: in. x 11 in. graphic location map of site
1 Ix I
❑
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.
0 ❑
❑
*If located in Immokalee or seeking affordable housing, include an additional set of each submittal
requirement.
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PRUGt55:
• 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.
6/17/2015 Page 4 of 5
•
0
•
COLLIER COUNTY GOVERNMENT
Coir County
2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.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
❑ Bays hore/Gateway Triangle Redevelopment:
Executive Director
❑
Utilities Engineering: Kris VanLengen
Parks and Recreation: Vicky Ahmad
❑
Emergency Management: Dan Summers
Naples Airport Authority: Ted Soliday
❑
Conservancy of SWFL: Nichole Ryan
❑ Other:
❑
City of Naples: Robin Singer, Planning Director
Other:
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: $925.00 $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
11/1/2016
Applicant/Owner Signature Date
Frederick Hood, AICP, Davidson Engineering, Inc.
Applicant/Owner Name (please print)
6/17/2015
Page 5 of 5
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
Bruce Cole — Secretary
Ken Bills — Director
Jim Dettman — Director
Charlie Hart — Director
ownership 1/931
ownership 1/931
ownership 1/931
ownership 1/931
ownership 1/931
•
40
DE
DAVIDSON
• ATTACHMENT "B"
PROJECT NARRATIVE & DETAIL OF REQUEST
The Foxfire development is approximately 384.21 acres and was rezoned as a Planned Unit Development
(PUD) pursuant to Ordinance 84-49, as amended by Ordinance 93-31. The development was approved for
a maximum of 935 residential units, which includes single-family and multi -family uses, golf courses,
common areas and the associated infrastructure. The intent of this request is to identify and to provide
development standards for the existing golf course maintenance facility, within Tract B, under Section
4.4.5 of the PUD Document.
The existing golf course maintenance facility along Radio Road was initially located in Tract "E" (Common
Areas/ Golf Course) on the master concept plan for the Foxfire Development that was approved. via
Ordinance 84-49. The PUD was later amended pursuant to Ordinance 93-31, which also included revisions
to the master concept plan. On the amended master concept plan, the location of the existing golf course
maintenance facility was relocated from Tract "E" to Tract "B" (Low Density Multi -Family Residential). To
clarify the use's existence and the location of facilities on-site in this area, development standards for the
existing golf course maintenance facility will be added under Section 4.4.5 within Tract "B" with a setback
of 30 feet from the north and west property boundaries and 50 feet from the remaining boundaries.
10.02.13 E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial,
Insubstantial, and Minor.
1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review
• and recommendation of the Planning Commission and approval by the Board of County
Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit
and process a new application complete with pertinent supporting data, as set forth in the
Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist
where:
a. A proposed change in the boundary of the PUD;
Response: There are no proposed changes in the boundary of the PUD.
b. A proposed increase in the total number of dwelling units or intensity of land use or height of
buildings within the development;
Response: There is not a proposed increase in dwelling units, intensity of the land use or height
of buildings.
• Foxfire PDI - PL20160003062
Attachment "B"- Project Narrative & Detail of Request
August 31, 2017 www.davidsonengineering.com
DE
DAVIDSON
ENG INE F I IN.
c. A proposed decrease in preservation, conservation, recreation or open space areas within the •
development not to exceed 5 percent of the total acreage previously designated as such, or 5
acres in area;
Response: There is not a proposed decrease in preservation, conservation, recreation or open
space areas within the PUD.
d. A proposed increase in the size of areas used for nonresidential uses, to include institutional,
commercial and industrial land uses (excluding preservation, conservation or open spaces), or a
proposed relocation of nonresidential land uses;
Response: There is not a proposed increase in the size of areas used for nonresidential,
institutional, commercial or industrial land uses. The uses and locations within this request are
existing.
e. A substantial increase in the impacts of the development which may include, but are not limited
to, increases in traffic generation; changes in traffic circulation; or impacts on other public
facilities;
Response: This PDI request does not propose an increase in traffic generation, circulation or
impacts on other public facilities.
f. A change that will result in land use activities that generate a higher level of vehicular traffic based
upon the Trip Generation Manual published by the Institute of Transportation Engineers;
Response: A change in land use activities is not proposed.
•
g. A change that will result in a requirement for increased stormwater retention, or will otherwise
increase stormwater discharges;
Response: There is not a proposed change in stormwater with this PDI request.
h. A change that will bring about a relationship to an abutting land use that would be incompatible
with an adjacent land use;
Response: There are no changes proposed that will be incompatible with adjacent land uses.
i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance
which is inconsistent with the Future Land Use Element or other element of the Growth
Management Plan or which modification would increase the density or intensity of the permitted
land uses;
Response: There are no modifications proposed to the PUD Master Plan or PUD Document that
are inconsistent with the Future Land Use Element or Growth Management Plan. This PDI
request does not increase the density or intensity of the permitted land uses.
Foxfire PDI - PL20160003062
Attachment "B"- Project Narrative & Detail of Request
August 31, 2017
www.davidsonengineering.com
is
•
DE
ARN
j. The proposed change is to a PUD district designated as a development of regional impact (DRI)
and approved pursuant to F.S. § 380.06, where such change requires a determination and public
hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of
F.S. § 380.06j19j(e)2, and any changes to a DRI/PUD master plan that clearly do not create a
substantial deviation shall be reviewed and approved by Collier County under this LDC section
10.02.13; or
Response: The proposed change is not within a Development of Regional Impact. therefore does
not require a public hearing by the CCPC or the BCC.
k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance
which impact(s) any consideration deemed to be a substantial modification as described under
this LDC section 10.02.13
Response: A modification to the PUD Master Plan or PUD document that will impact any
consideration deemed to be substantial under LDC section 10.02.13 is not proposed.
Foxfire PD1- PL20160003062
Attachment "B"- Project Narrative & Detail of Request
August 31, 2017 www.davidsonengineering.com
D1E
ATTACHMENT "C"
Legal Descriptions
FOLIO NO. 33830040003
ALL OF FOXFURE UNIT TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES
97-100, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (FOXIFRE GOLF COURSE).
FOLIO NO. 33885640005
ALL OF TRACT 8 OF FOXFIRE UNIT THREE, ACCORDING TO THE PLAT THEREOF AS RECORDED 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 OT THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 13, PAGES 84-86, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (PARKING LOT PARCEL
FOR OVERFLOW PARKING).
FOLIO NO. 33885840009
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 Description
November 2016
www.davidsonengineering.com
•
•
•
Co Nr County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www.eolliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD— Add ressing@colliergov. net or fax to the Operations
Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must
be signed by Addressing ersonnel prior to pre -application meeting, lease allow 3 days for processin .
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing
Department.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
❑ BL (Blasting Permit) ❑ SDP (Site Development Plan)
❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment)
❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP)
❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan)
❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP)
❑ FP (Final Plat ❑ SNR (Street Name Change)
❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted)
❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights)
❑ PPL (Plans & Plat Review) ❑ VA (Variance)
❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit)
❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit)
❑ RZ (Standard Rezone) F OTHER PDI
LEGAL DESCRIPTION of sub'ect ro ertor properties (cop of lengthy description maybe attached)
FoAre Unit Two, FOXFIRE UNIT 3 TUN9, �OX IRE UNI 3 TRACT 8, OXFIRE UNIT 3 PARCEL "A FOXFIRE UNIT 1 BLK E -
LOTS 34 -35
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
338380486f)-3,33885680007,3388564000!5,33885760008,33785446c)()4,3378540000k
STREET ADDRESS or ADDRESSES fas applicable, if already assigned)
10 3 0 40-M Kings Way, 355 Foxtail CT, 98, 1003, 1025 & 991 KINGS WAY
9
• LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
• SURVEY (copy - needed only for unplatted properties)
PROPOSED PROJECT NAME (if applicable)
Foxfire
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
0 SDP= or AR or PL #
Cor county
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www.colliergov.net
2800 NORTH HORSESHOE DRIVE •
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
Please Return Approved Checklist By: [j] Email ❑ Fax ❑ Personally picked up
Applicant Name: JESSICA HARRELSON, DAVIDSON ENGINEERING, INC.
Phone: 239-434-6060 Email/Fax: JESSICA@DAVIDSONENGINEERING.COM
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Department. is
FOR STAFF USE ONLY
Folio Number 33785400002 , 33885840009
Folio Number 33785440004
Folio Number 33830040003
Folio Number 33885640005
Folio Number 33885680007
Folio Number 33885760008
Approvedby:_ Date: 10/19/2016
Updated by: "` Date: 11/1/2016
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED •
AFFIDAVIT OF AUTHORIZATION
I, Anne Marchetti (print name), as —President -,-.(title, if applicable) of Foxfire Community Association of Collier County,
Inc., (company, if applicable), swear or affirm under oath, that I am the (choose one):
The owner X applicant contract purchaser _ and 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 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. We/I 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 if 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 itis usually executed by the corp. pres. 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 for 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. .
Signature Printed Name
STATE OF —f1=-,1A--
COUNTY
1=-, ACOUNTY OF (�//,'e it
The foregoing instrument was sworn to (or affirmed) and subscribed before me on1J +S6eca0 .doll.. (date) by
(name of person providing oath or
affirmation), as cs, ,�,✓�- who is personally known to me or who has produced (type of
• identification) as identification. PAMELA JEAN CANNON
NOTARYPUBUC
STATE OF FLORIDA
STAMP/SEAL Com*FF235545 Q11ganature of NPryblic
EW M 9/18/2019
COUNTYAPPROPALB
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,,. �,asr RND wrsr K sscrror,
FOXFIRE UNIT TWO
I
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I
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!�
c�iaEl
-------------------_.,__.....� I iel ( at km)
1 (
TRACT 1
rrn wnaa�w,r rr rrrtMtia rr
FOXF/RE UNIT ONE
IE/.I8.a/4-ss1 I E I E1 �
wart, twtw.aimrr• s�mmne
FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY
.uayt:, /o�rouL
I -
17-iGH: -g-
WI SON
Mn LER
BARTON
& PEEK,
INC.
Planning
& Landscape
Architecture
DlNelon
...ni tmmw.a
unexay. "Nines. ,
LAND USE SUMMARY
V
CorerrWNn
eMnren
-^
Acct •A": Lew density single-family
SCALE
residential
3 80.7 acres
4oa
' Tract •8•: Low density multi -family
ib900
"w e: 0163
16141
EXHIBIT "A"
1 az-:i1
restdsntial
t 68.8 acres
Tract •C•: Low density residential
t 9.7 acres
-
Q
Tract •D': Mester Waste Water
Q
Pump Station
3 1.3 acres
1
a
Q
Treat "E' Commons Areas/
(�
L�
8 •F•
Golf course
t 223.7 una
TOTAL:
384.2 scree
nn�n
IL
mW C
Q
o
i
�oo
`J
Z
It -
nM
SCALE
a.w 4w TLH
4oa
1/26/93
ib900
"w e: 0163
16141
EXHIBIT "A"
1 az-:i1
Jessica Harrelson
From:
Bellows Ray <RayBellows@colliergov.net> •
Sent:
Monday, September 12, 2016 10:33 AM
To:
Jessica Harrelson
Cc:
BrethauerPaula
Subject:
RE: ZLTR-PL160001601 Foxfire
Hi Jessica, he previous telephone conversation with Fred Hood will serve as the pre -app for this
proposed amendment. So it is technically is not waived. The e-mail correspondence can serve as the
pre -app notes.
R"
Raymond V. Bellows, Zoning Manager
Planning & Zoning Division - Zoning Services Section
Growth Management Department — Planning & Regulation
Telephone: 239.252.2463; Fax: 239.252.6350
Co eACor�nty
From: Jessica Harrelson [mailto:Jessica@davidsonengineering.com]
Sent: Monday, September 12, 2016 9:46 AM
To: BellowsRay
Subject: RE: ZLTR-PL160001601 FoAre
Ray, •
We would like to request a pre -application meeting waiver for the proposed PDI submittal.
Thank you.
Jessica Harrelson
Senior Project Coordinator
jessica@davidsonengineering.com
DAVIDSON
ENGINEERING
www.davidsonengineering.com
Davidson Engineering, Inc.
4365 Radio Road, Suite 201
Naples, FL 34104
Phone 239.434.6060
Fax 239.434.6084
Disclaimer: This email, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention,
disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited.
0
From: BellowsRay [mailto•RayBellows@colliergov.net]
Sent: Wednesday, September 07, 2016 3:10 PM
To: Fred Hood <Fred@davidsonengineering.com>; Jessica Harrelson <Jessica@ davidsonenginee ring.com>
• Cc: Jenna Woodward <Jenna davidsonengineering.com>; Josh Fruth <Josh@davidsonengineering.com>
Subject: RE: ZLTR-PL160001601 Foxfire
I discussed this issue with Chris Scott and we both thought that the PDI process was
recommended so that you could change the setback to provide a minimum 30 -foot
setback as applied to the existing and future maintenance facility. I don't think staff was
opposed to any PDI application that requested a 30 -foot setback. I only wanted to point out
that without a PDI staff will apply the originally approved 50 -foot setback as Mike has
determined to still apply.
Ra#
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department — Planning & Regulation
Telephone: 239.252.2463; Fax: 239.252.6350
From: Fred Hood [ma iIto: Fred 2davidsonengineering.com]
Sent: Wednesday, September 07, 2016 2:50 PM
To: BellowsRay; Jessica Harrelson
Cc: Jenna Woodward; Josh Fruth
• Subject: RE: ZLTR-PL160001601 Foxfire
Ray,
We're aware of this email. Per our conversation about the PDI with Heidi, I was trying to determine if the 30 -foot
setbacks (as identified in Tract B) could be assigned to the existing and future maintenance facility. If not, there would
be less of a point in submitting the PDI. In that conversation, we discussed and agreed that we would be able to set the
development standards (setback) per the PDI.
Thanks,
Frederick E. Hood
Senior Planner
Fred(&davidsonengineering.com
DAVIDSON
ENGINEERING
www.davidsonengineering.com
Davidson Engineering, Inc.
4365 Radio Road,Suite #201
Naples, FL 34104
•Phone 239.434.6060
Fax 239.434.6084
Disclaimer: This e-mail, along with any files transmitted with it, is for the sole use of the intended receipient(s). Any unauthorized review,
use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited.
•
v
From: BellowsRay[mailto:RavBellows@colliergov.net]
Sent: Wednesday, September 07, 2016 2:47 PM
To: Jessica Harrelson <Jessica@davidsonengineering.com>
Cc: Fred Hood<Fred@@davidsonengineering.com>; Jenna Woodward <Jenna@davidsonengineering.com>; Josh Fruth
<Josh@davidsonengineering.com>
Subject: RE: ZLTR-PL160001601 Foxfire
Hi Jessica,
It appears that Mike Bosi has already determined the applicable setbacks (see below) as noted in
the attached 5/25/16 e-mail to Fred Hood.
R4#
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department — Planning & Regulation
Telephone: 239.252.2463; Fax: 239.252.6350
tY
From: BosiMichael
Sent: Wednesday, May 25, 2016 8:53 AM
To: Fred Hood •
Cc: BellowsRay; WilloughbyChristine; HouldsworthJohn; Josh Fruth; Jenna Woodward; ScottChris
Subject: RE: PL20160000232: Lot Line Adjustment (Foxfire Golf Course Maintenance Facility)
Fred,
We just broke an internal meeting regarding the issue. Here's a summary of the conclusions we reached. When
amending OR#84-49 to OR#93-31, the location of golf maintenance facility was changed from Tract "E" (Common
Area/Golf Course) to Tract "B" (Multi -Family Residential Development), so currently the golf course facility is a non-
conforming use. Tract "B" does not permit maintenance facilities as a permitted or accessory use. With that said, it
would seem that the re -designation of the tract where the maintenance facility is located was a scriveners
error/oversight. To try and find the appropriate setbacks we looked to Tract "E" for guidance, which states such
"buildings shall be set back a minimum of fifty (50) feet abutting residential district and an appropriate landscaped and
maintained buffer shall be provided" the regulations are silent to front, side or rear yards As a matter of policy, when a
PUD is silent to specific standards, the LDC is the controlling document; �i w 'Y
,.
refit _ orse �aa�tf#ftej�I� To utilize the setbacks from Tract B would be
inconsistent to the uses allowed by that tract and inconsistent with past practices. From your earlier e-mail you had
indicated that I and Ray were in agreement with your position and if we conveyed that understanding to yourself, I
apologize, but after digging into specifics of the issue and PUD, we cannot agree to apply development standards to a
use that is not permitted within the tract that dictate those development standards and feel that consistency with past
policy requires us to fall back to the LDC for development standards for a particular use when silent by a PUD. To go
forward with the facility as you are suggesting, we agreed that a PDI to the PUD would be needed. If you would like to
speak or meet with Ray and I, we will most certainly be available to do so.
Sincerely,
mike
•
From: Jessica Harrelson [mailto•Jessica@davidsonenaineerina.com]
Sent: Wednesday, September 07, 2016 12:26 PM
To: BellowsRay
•Cc: Fred Hood; Jenna Woodward; Josh Fruth
Subject: RE: ZLTR-PL160001601 Foxfire
Importance: High
Ray,
Per our conference call on August 30th, can you please confirm that the setbacks for the north and west property
boundaries will be supported by staff as 30 -feet, as identified in Tract B of the PUD?
This confirmation is imperative to our client, and is needed to move forward with the PDI process.
Thank you.
Jessica Harrelson
Senior Project Coordinator
jessica@davidsonengineering.com
DAVIDSON
ENGINEERING
www.davidsonengineerina.com
Davidson Engineering, Inc.
•4365 Radio Road, Suite 201
Naples, FL 34104
Phone 239.434.6060
Fax 239.434.6084
Disclaimer: This email, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention,
disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited.
From: Fred Hood
Sent: Friday, September 02, 2016 9:45 AM
To: BellowsRay <RayBeIlows@col liergov.net>
Subject: Re: ZLTR-PL160001601 Foxfi
Ray,
Thanks for getting this over to me and confirming the PDi process. Please confirm that the site specific setbacks for the
north and west boundaries can be supported by staff as 30 -feet as identified in Tract B of the PUD.
Thanks again,
Fred
Sent from my iPhone
On Sep 2, 2016, at 9:39 AM, BellowsRay <RavBellows @ colliergov.net> wrote:
• Hi Fred,
4
As we discussed the other day, the CAO has opined that from the information
presented, it is not clear that the removal or lack of reference to the existing
maintenance facility along Radio Road can be added back on the master plan as a •
scrivener's error. In addition, I can confirm that the PDI process can be used to provide
a specific master plan designation on the master plan and to add site specific setbacks
for this facility.
Please let me know if I can be of any other assistance.
R"
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department - Planning & Regulation
Telephone: 239.252.2463; Fax: 239.252.6350
<image003 jpg>
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records
request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
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WARRANTY DEED RAMCO FORM 73
IFMOM CORPORATION,
TWO Ifarranty Dttd Made and execuir(l the 14th day of May A. D. 1987 by
U. S. Home Corporation, a Delaware corporation
a corporation existing under lite laurs of el ar and finving its principal place of
business at 1177 West Loop Sou�e, �ourff,n, TX 77001
hereinafter caller) The grantor, to
Foxfire Community Association of Collier County, Inc., a Florida
Ct°h.yt9paslaffolrn address is 1030 Kings Way, Naples, Florida 33942
hereinafter rnlled file gronter:
IWherenr xd herein the Item, " wl "r mer" Joel.& all the Partin m this ' nu—ni and
the het., I ... I reprexalati r. and mdaw .1 imGaJ..I,, sad the eotTeraat and wiaar .1 corpnnlinm)
10itnesseth: The, the pronlor, for aril in consideration of lite slim of 1,10.00—__ and other
valuable considerations, recript whereof is hereby acknowledged, by these presents does grant, bargain, sell,
alien, remise, release, convey and confirm "filo the grantee. all that rertain land situate in Collier
County. Florida, viz:
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.
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Received $ Documentary Stamp Tax
Received $
Gass "C" Intangible CJ L'% r
/ Personal Property Tax QD
COLLIER ZZNTY CLERK O,1CO�JRf5
'Together with all ilia
wlse appertaining.
To Vaut and to
111d the grantor here y
simple; that it has flood ri ht
rants the title to said land
and that said land is free Ci
December 31. 1986, �i
(CORPORATE SEAL)
ATTEST:.......
(SfaneV sealed
thereto belonging or in any -
0 i n a is �owfully seized of sold land in fee
d ow I ut or t f 1 n co vey said land; that it hereby fully war-
d t s agai t he t{wj rl claims of all persons whomsoever;
encumbrances
, ea t t accruing subsequent to
ents. restr 4 gyp d reservations •of';recor
021
�n tela` the grantor has caused these presenls-lo
be executed in Its name, and its corporate seal to be hereunto afffxed,'by its
proper officers tberremio duly authorized, ill,, day and year firsf'above written.
Sewatary
ce of:
E. TACKETT, DIV
ATE O FLORIDA U
OUNTY COLLIER
I ITER Y CERTIFY that on thh day, be(-- me an -it-" duly authiniwd in the State and Catcall F—ld to We .ehaawkd....__
appeared JAMES E. TACKETT,DIV. VICE PRESIDENT
DIV
well hnawn to not in he diXICE ?.,Ideal a r
nadeapectinly d nam
the corporation ed u finial.,
..
to the rorelttcina deed, sad that they xtrrally:.hI
eoiykdned:<aeeutiga the vale in the prexnee o/ two whrerihiaq witnox, freely and mlumarily
under authority duly —In! in them hr.mid,earporalbn and AM the reald/itvit thereto h the true earparate real of raid corporation.
WITNESS my hand and effieiA "al in' the C W
atr.and'State t dwemid chit 14th it., of ay , A. D. 19 87.
NOTARY PUBLIC -STATE OF FLORIOA
.MY CONKISSI0{L iXP .JULY 2:.1959
My Commission Exp i r essNOED TRRU GENERAL INS. UND.
ThirInsinunentprepnredby: Notary Public EAL)
ndd,T R. M. Vogel. Esquire. 3936 Tamiami Trai North.
Suite A. Naples. Florida 33940
PREPARATION ONLY WITHOUT OPINION.
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EXHIBIT "A"
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WILSON • MILLER • BARTON • BOLL 6 PEEK, INC.
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ENGINEERS PLANNERS SURVEYORS
.9383 AIRPORT PULLING ROAD NORTK NAPLES, FLOFUDA 33642-6886 18131 643454S
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 & 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
plat thereof as P.B. 13, pages 101-103, C3
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Public Record 'fL, y, Florida (Common
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Area) . �Q
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7)
All of Tr t re nit h e according to the ;t
rn
to
plat they of a or d' P.B. 1 , pages 101-103,
Public Re o orida (Common Area).
8)
All of T o r Un t T a according to the
plat the r n, pages 101-103,
Public Re s of Collier ou t� lorida (Maintenance
Site). O
9)
All of Lots , , 22, 23 ,Cd 25 of Block "F" of
Foxfire Unit a iq the plat thereof as
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recorded in P.B. Fps 1-103, Public Records of
LD
Collier County, Flori a Sewage Treatment Plant). a
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18)
Lots 34 and 35 Block "E" Foxfire Unit One (P.B. 13, pages
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84-86) Parking Lot Parcel for overflow.
19)
Parcel "A" Foxfire Unit Three (P.B. 13, pages 101-103)
Recreation. Parcel.
EXHIBIT "A"
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EXHIBIT "B"
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Golf Cart Path "Easements as follows:
10)
Part of
Tract 3 of Foxfire Unit Three (P.B. 13, pages
101-103)
Public Records of Collier County, Florida.
Exhibit
1, Legal Description and shown on WMBS&P Inc.
drawing
#2C-477 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
14C-401 sheet 1 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 760 nd shown on WMBS&P Inc.
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drawing #4C73
closed herewith.
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EXHIBIT "B"
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WILSON • MILLER • BARTON • BOLLS PEEK, INC.
ENGINEEF49 PLANNERS SURVEYORS
135.9 A RPORT- PLILLNG ROAD NORTH, NAPLES. FLORIDA 33942-9888 (5131 843-4545
EXHIBIT 1
Legal description of proposed cart path easement
located in part of Tract 3, Foxfire Unit: 3,
(P.B. 13, pages 101-103)
Collier 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;
c 'I
thence along the west line of said Tract 3, North 00-42'-44" West
720.00 feet to the POINT OF BEGINNING of the parcel herein
described;
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thence continue along said west line North 00-42'-44" West
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300.00 feet;
—
thence North 890-17'-16" East 10.00 feet;
W
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thence South 00-42'-44" East 60.00 feet;
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thence North 89°-17'-16" East 10.00,feet;
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thence South 00-42'-44" East 80.00 -fit;
thence South 890-17'-16" West 10.00 feet;
thence South 00-42'-44" East 160.00 feet;
thence South 890-17'-16" West 10.00 feet to the Point of
Beginning of the parcel herein described;
subject to easements and rsvZlc� of record.
WILSON, MILLER, BARTO 01 6 PEEK,+ '\
jReg.Ynginee s and L nurveyors o.•,Boutwe , 9 HT1 w•.unless e w Pr al's seal.
W. 0..'' -2,6830
Refs 2C-477 (LS:k c t) 0
Date: January 9, 198 Q�1
i - 7—c
RAYMOnp W. Mu.BR RE- • V LL L. BAP"OK RE. • -40MAB R. PEEK RE, RL8 • WLBLIR - CHRERV I =K Ma. • H. BC."KxR. RE.
BENJAMIN C PRATE, PP, P. • CA K BOLL PLLE. • R:Ff.,"J A. ONZ RL • JOHN E. EoL "LL PLS • pARY L. OAF=A, CRA. • AL/ O RE—K IM& AJCR 1
Fwe Myem. Fkm e Pe131 337-4811 J
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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 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;
c
3. South 690-39'-33" West 281.91 feet;
a circular curve
G e
4. southwesterly 273.22 fe o arc of
the south ib;,� �' jus of 245.00 feet,
_
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concave to
through a central f 630-5 and being subtended by
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a chord which bea uth 370-42'-4 t 259.28 feet; —
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5. South 050-45'-48" W fe t;
6. South 070-05'-03 s fe
" e OINT OF BEGINNING
7. South 160-51'-5
of the parcel herei d s r e ;
thence continue � s d a y j e so th 16°-51'-58" West
•
132.00 feet; N.
f
thence North 030-- 21" West 43. e
thence North 16°- 8" East 70.
thence North 53°-4 • " East 25.0 o the Point of
Beginning of the pa erein des SiaY,
e
o
being a part of Tract 6 0 THREE;
t���iD� record;
-0 e
M
subject to easements and res
e
containing 1552 square feet more or ess;
the bearings used herein are based on said FOXFIRE UNIT THREE.
M Lo
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recorded plat,
WILSONt-MILLER, BARTON, SOLL & PEER, INC.
Reg. E•neers and Land Surveyors
Glp
DATE �l�aL�it1 ��, % /O 6_
BY, �•
o 'r- }Soutwe , P.L.S. #3934
Not••valid:'unless embossed with the Professional's seal..
I
W.O. "'."24076
Ref: 4C-440 (LS:kjd cart -2)
RAYMOND W MILLER. P.E.. WILLIAM L BARTON. PE.. THOMAS R. PEEK. P.L. P.L.S. . WILBUR M. CHR ISTIANSEN, P.LS.. CLIFFORD H. SCHNEIDER, P.E.
BENJAMIN C. PRATT. P.E.. P.L3.. CARL N. SOLL. F.LS.. FERMIN A. DIAZ. P.E. • JOHN E. BOUTWELL. P.L.E.. GARY L DANCA. C.PA.. ALAN D. REYNOLDS. A.ILF.
r_,._.W, - —_ ` . i.aaN..Wyi1'eb .3cd=V.-.yytTM•' r,p,.'
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 69°-39'-33" Wes (j
4. southwesterly 273.2 rc of a circular curve
concave to the sou , having a s of 245.00 feet,
through a central an a of 630-53'-4 d being
a subtended by
a chord which be rs S9°- 40" es 259.26 feet;
p o
5. South 050-45'-4 est 11 fee
o
6. South 070=05'-0 "
7. South 160-51'-5 " e t 3(1.2
of the parcel herein U
f t o
w
OINT OF BEGINNING
C o
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thence continue g said easte ne th 16°-51'-58" West
100.00 feet;
thence North 05°-0 0" West 26. e
thence North 16°-5 East 50.50
thence North 39"-00 t 26. to the Point of
Beginning of the parce �C#E ed;
being a part of Tract 6 of sal UNIT THREE;
subject to easements and restrictions of record;
containing 752 sqaure feet more or less; the bearings used herein
are based on said FOXFIRE UNIT THREE recorded plat. o
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WILSON, MILLER, BARTON, SOLL 6 PEEK, INC. n45
o
Reg._"Engineers and Land Surveyors o
M CO
BY X4' /xG%��T�i DATE 6
bh h.;Boutwe 1, P.L.S. #3934
Not val.id'."uRless embossed with the Professional's seal.
W.O. 24076
Ref: '4C-440 (LS:kjd cart -path)
J
RAYMOND W. MILLER. P.C.. WILLIAM L BARTON. P.E.. THOMAS R. PEER, P.C., P.LS.. W ILBUR M. CHRISTIANSEN, PIS.. CLIFFORD H. SCHNEIDER. P.C.
BENJAMIN C. PRATT. P.E.• P" . CARL N SOLL PIS FERMIN A DIAE P.E. JOHN E BOUTWELL PLL . GARY L DANCA. GPA.. ALAN O REYNOLDS, ". P.
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Q�® WILSON • MILLr=R - BARTON - BOLL 6 PEEK, INC.
• ` ENGINEERS PLANNERS SURVEYORS
`1383 AIRPORT -PULLING ROAD NORTH, NAPLES, FLORIDA 33942-9990 I013I 6434545
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-way line of Foxtail Court and along
the east line of said Tract 7, 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 870-47'-50" West 428.39 feet;
thence South 78°-42'-04 Wes 6 feet;
thence South 49°-54'-05"9 et to the POINT OF
BEGINNING of the easem d;
thence South 480 0" East 15 set to the boundary of
Said Tract 7; `
thence along s i b a 49 5�1-05- West 20.23
feet; _
thence leavin s o °-13'-50" West 154.28
feet;
thence North 0" ' 57 3 f to the boundary of
said Tract 7; C.
thence along s boundary Nor 9° -05- East 20.00
feet;
thence leaving I oundary Sou -05'-55" East 56.00
feet to the Point nnin a easement herein
described;
subject to easements and re jI s 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, SOLL & PEER, INC.
Reg. .Engineers and Land Surveyors
BT L �Ci DATEYQ.tC.d�..
`-JO r;'E. BoutWei, P.L.S. #3934
J
Not,v4lld `unless embossed with the Professional's seal.
Ref.' A�-388 - 4C-398 (D-398) JEB:kjd cart -path
date :,,March 19, 1987.
b o
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RATMONO W. MLLELl RE. • WLLMM L BARTON. PE. • T.OMAS R. PEEK, RE. PA -6 • W DDR - CIOWTMNSM RLS. • OLPFORO" SOMEOER. PE.
• BEN. AM.V C. PMT. RE RLS • CARL M. BOLL Ma FERM.V A OM PE .oW E BOLRWELL RLE. • GARY L OANCA. CAA • ALAN O. RETNQOE, ^3=P. _.
FQS My�,1. Plpf.tls p7•.9f 337-0671 '
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1:..
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 61 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 050-29'-28"
West 248.92 feet to the POINT OF BEGINNING of the parcel herein
described;
thence leaving said easterly line South 830-30'-00" West 46.07
feet;
thence South 870-47'-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 23°-00'-00" West 13.09 feet to the westerly line
of said Tract 6;
thence along said we 9_iQ * 020-12'-10" West 42.25
feet;
thence leaving sa sterly line 230-00'-00" East 49.67
feet; _
thence South 45° 0 - as 7 fe t;
thence South 68 -0 ' t; o
thence South 89 - ' s 5 t; o •
thence North 87 - ' 5 " E s e x;
thence North 83$ ' .6 eI o the easterly line o N
of said Tract 6 f ®
thence along sai sterly line 29'-28" West 15.33 � m
feet to the Point Beginning o cel herein described;
being a part of Tract aid FOXFIRE THREE;
subject to easements and. o cord;
containing 0.14 acres moreIJ40-6 I �
the bearings used herein are b said FOXFIRE UNIT THREE
recorded plat.
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
Regw�IEngineers and Land Surveyors c
•' M '
g , ' DATE G-) o
Er%!$qutwell, P.L.S. #3934 M w
cn
Np}tsjgnl.id:unless embossed with the Professional's seal.
WaQ.•;.,..•24075
Ref d`` '4:C=401 (LS:kd cart -path)
F�J�:'
•RV•� CDyN7T, FLg1Y
AAVMONO W. MILLER. P.E.. WILLIAM "BARTON. PJ:. . THOMAS A. PEEN, P.E., P.L.S. . W ILBUR M. CHRISTIANSEN. P1 S. . CLIFFORD H.&CHNEIDER. P.E.
BENJAMIN C. PRATT, PA., P.L.S.. CARL M. SOLL. PA -S.. FERMIN A. DIAZ. P.E. JOHN E. BOUTWELL. P.L.S..OAR V L. OANCA. C.P.A. . ALAN D.RE VNOL04 MLP.
•
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ORDINANCE NO. 84-49
AN ORDINANCE AMENDING ORDINANCE NO. 81-68 WHICH
ESTABLISHED THE FOxFIRE PLANNED UNIT DEVELOP-
HENTI AMENDING THE EXISTING FOXFIRE P.U.D. BY
AMENDING SECTION 1.3, PROPERTY OWNERSHIPI
AMEMING SUBSECTION A, SECTION 2.3 PROJECT
AND LAND USE TRACTS; AMENDING SUBSECTION
o�. . MINIMUM YARDS, SUBSECTION C.; AMEND-
UBSECTION 3.4.6. OFF-STREET PARKING
W gREMENTSI AMENDING SECTION 4.6 OFF -SITS
PARMNG REQUIREMENTS; AMENDING SECTION 5.4.
CS_w T
#.5!IONS BY AMENDING SUBSECTIONS 5.4.1.,
AND 5.4.3 AND BY DELETING SUBSECTIONS
and 5.4.51 AMENDING SECTION 6.2 GENERALI
i ING SECTION 7.5. GENERAL REQUIREMENTS,
m SUBS$CTION 7.5(2);'AMENDING THE p.U.D. MASTER
DEVELOPMENT PLAN TO REFLECT THE RELOCATION OF
TRACT DI PROVIDING AN EFFECTIVE DATE.
WHEREAS, 11.5. Home Corporation petitioned the Board of
County Commissioners of Collier County, Florida, to amend the
Foxfire Planned Unit Development Ordinance, Collier County
Ordinance No. 81-681
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA thati
SECTION ONES
Ordinance No. 81-68, P.U.D. Document Section 1.3 shall be
amended to read as followst
Section 1.3. PROPERTY OWNERSHIP
The subject property is currently under the ownerghip of
U.S. Home Corporation, 4544-Beaehwoo& 6eke.-BrL-k"r-Nes-�lapisss
Pierida-33943, 6314 Whiskey Creek Drive, Suite D, Fort_ Myers`
Florida 33907.
SECTION Two:
Ordinance No. 81-68, P.U.D. Document Section 2.A.A s1 1 b
amended to read as follows?
Section 2.3. PROJECT PLAN AND LAND USE TRACTS
:. V'
A. The project plot plan, including layout of st'reetdgi L�
and land use of the various tracts, is ill%stratA�o1
graphically by Exhibit "A", PUD Master DevAopmeNft
Plan. There shall be Four (4) land use tractT,
plus necessary street rights-of-way, the general
configuration of which is also illustrated by
Exhibit "A".
1. Tract As Low density single-family
residential 449216 -Acres
M81.3 Acres
Words'unde�dined are added; Words atrush-through are deleted;
n•_.;.
A"!
A. Front Yard - 30 feet.
S. Side Yard - 7.5 feet
C. Rear Yard - 30 feet. In the case of
residential pools which are screen enclosed
or unenclosed, rear yard setbacks may be
reduced to 16 30 feet.
D. All yards abutting a street shall be front
yards. Four-sided corner lots shall have two
front and two side yards. Fiva-sided corner
lots shall have two front, two side, and one
rear yard, with the rear yard being farthest
from the abutting streets.
SECTION FOURt
Ordinance No. 81-68, P.U.D. Document Section 1.4.
REGULATIONS, Subsection 3.4.6, shall be amended as follows:
3.4.6. OFF-STREET PARKING REQUIREMENTS
!we -42} -spaces -per -Unit
he required by Collier County Regulations in
effect at the time permits are sought.
SECTION FIVES
Ordinance No. 81-68, P.U.D. Document Section 4.6. OFF-STREET
PARKING REQUIREMENTS shall be amended to read as follows:
4r6r-6PP-SWRBBW-PARIENA-RBeUIRBMBNISt
4s6sis--b68Ale6Nr--Perking-apaees-regn4red-ior
btt4idfegs-wdth�r-an-enve�epe-er-trnet-she�3
be-ieeeted-within-said-treat-and-ehaii-be
�:, beeeted-en-the-setae-side-els-the-aeeeee-drive-ee
X, the-bu4idinq-beinf-sewed:
4s6sSs--RsQYSitiMfNlSr--lwe-�:}-parking-epneee-per-res4-
dentiei-unfits
lOOK Q1Q ►trot �UU
Words underlined are added: Words straek-threugh are deleted:
. �_ _....._ 2
2. Tract St
Low density multi-
family residential
(1)68.8 Acres
'
3. Tract Ce
Low density resi-
;`"-'
dential
(3) 9.7 Acres
4. Tract Dt
Fire Station Site
(t) 1.3 Acres
i�
5. Tract Et
Commons Areas/Golf
..
Course
4!}456s9-Acre6
(1)157.5 Acres
xpr;
',•.
TOTAL
(0318.6 Acres
`
•'
SECTION THREES
Ordinance No. 81-68, P.U.D. Document
Section 3.4.
REGULATIONS, Subsection
3.4.4(C), shall be
amended as followst
3.4.4 MINIMUM
YARDS:
A. Front Yard - 30 feet.
S. Side Yard - 7.5 feet
C. Rear Yard - 30 feet. In the case of
residential pools which are screen enclosed
or unenclosed, rear yard setbacks may be
reduced to 16 30 feet.
D. All yards abutting a street shall be front
yards. Four-sided corner lots shall have two
front and two side yards. Fiva-sided corner
lots shall have two front, two side, and one
rear yard, with the rear yard being farthest
from the abutting streets.
SECTION FOURt
Ordinance No. 81-68, P.U.D. Document Section 1.4.
REGULATIONS, Subsection 3.4.6, shall be amended as follows:
3.4.6. OFF-STREET PARKING REQUIREMENTS
!we -42} -spaces -per -Unit
he required by Collier County Regulations in
effect at the time permits are sought.
SECTION FIVES
Ordinance No. 81-68, P.U.D. Document Section 4.6. OFF-STREET
PARKING REQUIREMENTS shall be amended to read as follows:
4r6r-6PP-SWRBBW-PARIENA-RBeUIRBMBNISt
4s6sis--b68Ale6Nr--Perking-apaees-regn4red-ior
btt4idfegs-wdth�r-an-enve�epe-er-trnet-she�3
be-ieeeted-within-said-treat-and-ehaii-be
�:, beeeted-en-the-setae-side-els-the-aeeeee-drive-ee
X, the-bu4idinq-beinf-sewed:
4s6sSs--RsQYSitiMfNlSr--lwe-�:}-parking-epneee-per-res4-
dentiei-unfits
lOOK Q1Q ►trot �UU
Words underlined are added: Words straek-threugh are deleted:
. �_ _....._ 2
r.
7M NEW"
4.6. OFF-SITE PARKING REQUIREMENTSt
As required by Collier County Regulations in effect at
the time permits ere sought.
SECTION SIX
Ord-nance No. 61-68, P.U.D. Document Section 5.4.
REGULATIONS, Subsections 5.4.1, 5.4.2, 5.4.3, 5.4.4, and 5.4.5
shall be amended to read as follower
Sr4--REA1J ATIONS
5r4r4r--Generair--Ali-yardeT-eet-baeka7--ater-shall-be
#n-re&et#en-te-the-indfv#dual-pares*-benn-
dar#esr
5r4r9s--M#n#mare-bet-Area+--#A?AAA-square-feet-fer-#nd#-
v#dna#-etrnetnrees--A-rn#nimnn<-area-ef-97699
square-Feet-per-dwe��#ng-nn#t7-fer-two-er-mere
attached-strneturesT-she#}-be-prey#ded-#n-seine
eamb#net#en-of-#nd#v#dnal-late-end-eent#gnens
open-epee07-exelud#ng-pr#vete-end-publ#e-reads
end-geif-eenrsesr
5r4r9r--M#nimum-bet-width?
Ar-minimum-individual-#et-4envekepe}-width-for
dwe###ng- nrri��e}gird-te--n•-etrnetnre-eon
to#n#ng-st--i-eesb tiro net -more --titan
e#x-�6}-dwe��#nq-units-she}}_net-be-fess-than
{9A}_feet-n+eesnred-between-the-s#de-bet-##nee
et-the-required-frent-setback-1#nen
Hr-Minimum-average-#nd#v#due#-#et-width-for-a
s4ng�e-deteehed-nn#t-strnetare-she}}-net-be
#ass-than-05-feet-n�easnred-iron+-the-s#de
let -lines -et -the -required -(rent -setback
line-for-#nter#er-#sten--Per-earner-fate-a
# AA--hoot--everaga--between--f rent -yard --and
rear-&et-1#neer
Sr4r4r--M#n#tnnm-Vardsi
Ar-fn-the-ease-ed-s#ng�e-fern#3r-units-es-fnd#-
v#dnei-strnetnres-rn#n#Man►-nerds-setbeeks
ehai3-be-the-sante-es-these-set-forth-#n
Beet#en-3r4r4r
8r-5n-the-ease-ef-a-eertb#net#en-sir-sing}e
!em#fir-units-ef-np-te-end-#ne�nd#ng-s#x-{6}
s#ttq�e-fan+#fir-ntteehed-units-per-etrnetnreT
m#n#tnntn-recd-setbeeks-she#i-be-the-earns-es
these-set-forth-#n-beet#en-4r5r9r
5r4r5r--M#nkmum-Pieer-Area?
Ar-Per-s#nq�e-fent#fir-units-as-#nd#v#dne�
strnetnreer
4}--Ane-Starr --- #7900-square-feet-ef-##v#ng
area-exelns#ve-ef-patfe-end-gereger
9}--4we-6terY---}7699-egaere-feet-ef-i#v#ng
Wren-�last�-of-petdo--a�-gnrnger
Words underlined are added? Words strnek-threngh are deletedl
3
,00� ol�.r«3e7
5.4. REGULATIONS
5.4.1, Design Approval
5.4.2. Off -Street Parking Requirements
As -required by Collier -County Regulations in effect
at Ellstjvwpasm s are sought.
5.4.3. Maximum Height
Thirt (30) feet above finished grade of lot or from
the minimum ase zl000 elevation re u re e
0o evat on ordinance whichever s highen
SECTION SEVEN:
Ordinance No. 81-68, P.U.D. Document Section 6.2. GENERAL
shall be amended to read as follows:
6.2. GENERAL
The project sponsor proposes to donate 1.251 acres, located
in the extreme northwestern northeastern portion of the
project site, to the East Nap ors Fire control District for
the purposes of their establishing a branch fire station at
such time as the East Naples Fire Control District specifies
a firm development date and their plans are approved by the
Project Sponsor. The proposed fire station site is illus -
by Exhibit "A".
SECTION EIGHT:
Ordinance No. 81-68, P.U.D. Document Section 7.5. GENERAL
REQUIREMENTS, Subsection 7.5(2), shall be amended to read as
follows:
7.5. GENERAL REQUIREMENTS
1) Overall site design shall be harmonious in terms
of landscaping, enclosure of structures, location
of access streets and parking areas and location
and treatment of buffer areas.
S }---euiidfnge-si+a�i-be-eat-bask-a-etinfn�us,-si-6iitY
� 5s}-d*et-sbaf.�i'rr4'�ee#dent#ad--d�etx�vylr-and-the
■slbasic-area-shalki-be-apprepsfateitY-iandseaped-and
maintained -to -act -es -e -buffer -saner
` 2 Suiidin ■ shall be set back a minimum of flit
Y: y
ee a u na Yes !n a ■ r c s an an
::•, a ro r a e an ■ca a and maintained bu der
shall Do _Erov ° .
Words underlined are added# Words struck -through are deletadt
4
---
LJ
3f Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring
properties from direct glare or other inter-
ference.
4) ' A site pian shall be provided showing pertinent
structure locations.
SECTION NINES
The Foxfire P.U.D. Master Development Plan is hereby amended
as shown on the Attached Exhibit A, attached hereto and incor-
porated herein, said Exhibit showing the relocation of Tract D,
the proposed site of the East Naples Fire Control District Branch
Fire Station, from the extreme northwestern portion of the pro-
ject site to the extreme northeastern portion of the project
site.
SECTION TEN:
This Ordinance shall become effective upon notice that it
has been filed with the Office of the Secretary of State.
t
D`tiAtot 7 , 1984.
.-ATTEST: - --c BOARD OF COUNTY COMMISSIONERS
.WILLIAM ,REAGAN, Clerk COI, IER COUNTY, FLORIDA
By =
a rman
Approved as to form and
legal sufficiency:
d. 7*b OnAnwwo f:v- r wi+h th-
Kenneth B. Cuy er sft++iary of Stare's w1ke If!.
Assistant County Attorney tlt& doy of 611-, �Qgf
end acknoWedg:ment of that
fillret Ned this 1(r &day
of
awMy cask
Words undo- rli_ ned are addedi Words strush-through are deietedy
ao� 018►��sX s
r'.
m. AiWCC MA:& AKA
T11AC�
N
i
texc P.7oo'
►urT
r_'_1
6—..ter
TRACT Y 1
---- w01CAT9/ LOCATION Of ..
$10(wA1.H/AIRL PATH 640K 1RP1,1370
STATE OF FLORIDA )
COUNTY OF COLLIER )
I WILLIAI4 Je REAOAW M -r' f
• . .c o Courts In and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original ofs
ORDINANCE N0. BA -49
Which was adopted by the Board of County Commissioners during
Regular session the 7th day of August, 1984.•
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 7th
day of August, 1984.
WILLIAM J. REAOAN
Clerk of Courts and Clerk
Ex -Officio to Board of. ; •;J•.
County Commissioners
By
VFO-9611 magra.._61
Deputy Clerk ..�
R )k"
ORDINANCE 93- 31
018��to
9irlf��rr AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS MAP(S) NUMBERED 0501S, 0606N AND
06065 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM "RMF -6" AND "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
"FOXFIRE", FOR PROPERTY LOCATED BETWEEN
RADIO ROAD (CR -856) AND DAVIS BOULEVARD
(CR -83) APPROXIMATELY ONE MILE EAST OF
AIRPORT -PULLING ROAD (CR-31),IN
SECTION 1, RANGE 25 EAST AND SECTION 6,
RANGE 26 EAST, BOTH IN TOWNSHIP 50
SOUTH, COLLIER COUNTY, FLORIDA,
CONSISTING OF 385 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 81-68, AS
AMENDED, THE FORMER "FOXFIRE" PUD; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Timothy L. Hancock of Wilson, Miller, Barton,
Soll i Peek, Inc., representing the Foxfire Community
Associations of Collier county, Inc., petitioned the Board of
County Commissioners to change the zoning classification of
the herein described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
SECTION ONE
The Zoning Classification of the herein described real
property located in Section 1, Range 25 East and Section 6,
Range 26 East, both in Township 50 South, Collier County,
Florida, is changed from "RMF -6" and "PUD" to "PUD" Planned
Unit Development in accordance with the PUD Document,
attached hereto as Exhibit "A" which is incorporated herein
and by reference made part hereof. The Official Zoning Atlas
Map(s) Numbered 05015, 0606N and 0606S, as described in
Ordinance Number 91-102, the Collier County Land Development
Coda, are hereby amended accordingly.
600K 061 PALE • 88
-1-
SECTION TWO,
Ordinance Number 81-68, as amended, known as the
"Foxfirs" PUD, adopted on November 10, 1981, by the Board of
County commissioners of Collier County is hereby repealed in
its entirety.
SECTION THREEe
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
PUD -93-5
nbi
tp
BOOK 061 PACE 89
-2-
yin rete this GUY
of
C. 00" Cluk
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier
County, Florida, this /Ir< day of
1993.
ATT?S'i.
BOARD OF COUNTY
COMMISSIONERS
qVIGHT B*qX, CLERK
COLLIER COUNTY, FLORIDA
Q14
Odra&
yj:BURT
BY:WwA16'-1(//
L. SAUNDERS, CHAIRMAN
A
%To
AP VEP, FORM AND
ISM IENCY
k,
This ordinance filed with the
Secretary of ;tote's Office the
day
MARJC0tIE M. -STUDENT
ASSISTANT COUNTY ATTORNEY
and ocknow edgernent a that
PUD -93-5
nbi
tp
BOOK 061 PACE 89
-2-
yin rete this GUY
of
C. 00" Cluk
0
FOXFIRE
A
PLANNED UNIT DEVELOPMENT
BY
U.S. HOME CORPORATION
6314 WHISKEY CREEK DRIVE
SUITE D
FORT MYERS, FLORIDA 33907
PREPARED FOR
FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC.
1030 Kings Way
Naples, Florida 33942
DATE REVIEWED BY CCPC May 20. 1993
DATE APPROVED BY BCC June 8. 1993
ORIGINAL ORDINANCE_ 181-68
ORDINANCE NUMBER -93-31
500K 061 PAGE 90
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 Prolect
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.
5. The project development results in an efficient and economical
extension of community facilities and services as required in
Policies 3.1H and L of the Future Land Us 3 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.
8. The project includes extensive open apace 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
600K 061 PAGE 91
INDEX
5COK 061 PAGE 92
ii
t
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: IOW DENSITY
4
thru 2
MULTI -FAMILY
RESIDENTIAL DEVELOPMENT
SECTION V -
TRACT C: LAW DENSITY
5
thru 2
RESIDENTIAL DEVELOPMENT
SECTION VI -
TRACT D: MASTER WASTE WATER PUMP STATION
6
thru 4
SECTION VII
- TRACT E & F: COMMONS AREA/GOLF COURSE 7
thru 4
SECTION VIII
- DEVELOPMENT STANDARDS
8
thru 9
EXHIBIT "A":
PUD MASTER DEVELOPMENT PLAN
EXHIBIT "B":
LOCATION MAP
EXHIBIT "Cl:
LOTS SUBJECT TO SECTION13.5 OF THIS
DOCUMENT;
SPECIAL USE
EXHIBIT "D":
PROPOSED GOLF CART CROSSING
5COK 061 PAGE 92
ii
SECTION 1
PROPERTY OWNERSHIP AND DESCRIPTION
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.
The subject property is currently under the ownership of
FOXFIRB COMMUNITY ASSOCIATION INC. CONSISTING OF ALL CONDOMINIUM
ASSOCIATIONS AND INDIVIDUAL HOME OWNERS WITHIN THE FOXFIRE
DEVELOPMENT. 1
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
BOOK 061 PA,.E 93
I.S. nEdySICAi DESCRIPTION
The project site is located within Water Management
District No. 6. The majority lies within the natural drainage basin
of Rock Creek with a minor portion within Haldeman Creek. The
natural drainage of the site is in a westerly direction, to a point
midway on the project's western border, where the overland
flow drains into the headwaters of Rock Creek. Rock Creek, in
turn, discharges into the Gordon River and Naples Bay at a point
just north of U.S. Highway 41 and southwest of the Naples Airport.
Water Management for the proposed project is planned to be the lake
retention type.
Elevations within the project site range from 6.8 to 10.0 feet
above mean sea level. Most of the area, however, falls within the
7.5 to 9.0 feet of elevation category. Further, the depth to
bedrock in the area varies from some four (4) feet to more than
twelve (12) feet. This information is based on a January 1974
field survey.
The soil types on the site include Arzell fine sand (approximately
50 percent), Immokalee fine sand (approximately 45 percent), and
Sunniland fine sand (approximately 5 percent). Soil
characteristics were derived from the Soil Survey of Collier
County, Florida, issues by the U.S. Department of Agriculture in
March 1954.
sou 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. GENEHAL
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 I&M 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
(f)
80.7
Acres
2.
Tract
B:
Low density
multi -family
residential
(±)
68.8
Acres
3.
Tract
C:
Low density
residential
(±)
9.7
Acres
4.
Tract
D:
Master Waste
Water Pump Station
(±)
1.3
Acres
5.
Tract
E:
Commons Areas/Golf
Course
& Tract F:
W
223.7
Acres
TOTAL
W
384.2
Acres
600K 061 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. PROsM T P AN APPROVAL REQUIREMENTS
Prior to the recording of the Record Plat, final plans of
the 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.
BOOK W1 PAGE 96
2-2
SECTION III
TRACT A: LOW DENSITY
SINGLE FAMILY RESIDENTIAL DEVELOPMENT
3.1. PURPOSE
The purpose of this Section is to indicate the development
plan and regulations for the area designated on Exhibit "A"
as tract A, Low Density Single Family Residential.
3.2. MAXIMUM DWELLING UNITS
A maximun number of 231 single family .units may be
constructed in this tract.
3.3. USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or land used, in whole or part, for other than the
following:
A. Principal Uses:
s (1) Single Family residence
(2) Park or open space, as provided for in Section
3.5 of this document.
S. Accessory Uses:
(1) Customary accessory uses and structures, including
private garages.
(2) Signs as permitted in Division 2.5 of the Land
Development Code.
3.4. REGULATIONS
3.4.1. GENEAll 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
900K 061 PAGE 97
3-1
3.4.3. MINIMUM LOT 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 -1t
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
s h a l l b e a l i n e
interconnecting the two points
where side lot lines intersect
street right-of-ways.
D. Tract A-2
Interior Lots - 55 feet average between front
and rear lot lines.
3.4.4. MINIMUM YARDS:
i
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-sided corner lots shall have two
front and two side yards. Five -sided corner
lots shall have two front, two side, and one
rear yard, with the rear yard being farthest
from the abutting streets.
DOOK 061 ftjE 98
3.4.5. MINIMUM FLOOR AREA;
A. One; story - 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 REQUIREMENTS
As required by Collier County Regulations in
effect at the time permits are sought.
3.4.7. MAXIMUM HEIGHT
Thirty (30) feet above finished grade of lot or
from the minimum base flood elevation required by
the Flood elevation Ordinance, whichever is
higher.
3.5. SPECIAL USE
Tract "A" Lot 18 of Block "G", and Lot 60, of Block "F-, of
unit #3 (Exhibit "c") shall be utilized for park, or open
space only.
n
500K 061 PACE 99
3-3
SECTION IV
TRACT B: LOW DENSITY
MULTI -FAMILY RESIDENTIAL DEVELOPMENT
4.1. PURPOSE
The purpose of this Section is to indicate the development
plan land regulations for the areas designated on Exhibit
"A" as Tract B, Low Density Multi -Family Residential.
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.
4.2. MAXIMUM DWELLING UNITS
A maximum number of 704 dwelling units may be constructed on
Tracts B and C.
4.3. USES PERMITTED
No building or structure, or 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.
(Z) 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
600K 061 PAGE 100
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 @ None
B. Setbacks from non-golf course Tract lines •
30 feet or one-half (1/2) the building height
whichever is greater.
C. Distance between principal structures - 20
feet or one-half (1/2) the sum of the heights
of the adjacent structures whichever is
greater. In instances where there shall be
structures on opposite sides of the same
envelope (or multi-family tract), and these
structures are separated by a through
accessway, each structure will be set back
from the center of the accessway a minimum of
20 feet plus one-half (1/2) the height of the
structure.
4.4.3. MINIMUM FLOOR AREA Each residential unit shall
have a minimum floor area of
800 square feet.
4.4.4. MAXIMUM HEIGHT Four (4) floors of living area,
with option of having one (1) floor
of parking beneath the living area.
• 17*1434 1�r
As required by Collier County Regulations in effect at the
time permits are sought.
SOCK 061 PAGE 101
4-2
SECTION V
tRACT C: LOW D�NSITX RESIDENTIAL DEVELOPMENT
5.1. PURPOSE
The purpose of this section is to indicate the development
plan land regulations for the areas designated on Exhibit
"A" as Tract "C", Low Density Residential.
5.2. Maxlrnt DWELLING UNITS
A -maximum number of 704 dwelling units may be constructed on
Tracts B and C.
5.3. USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or used, or land used, in whole or in part, for
other than the following:
A. Principal Uses:
(1) Single family units are permitted as individual
structures or as combinations of up to and
including six (6) single family attached units per
structure. Such unit' types as single family
attached, duplex, patio, 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.
sm 061 PAGE 102
5-1
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 site plan indicating general
building envelopes, lot or parcel configuration,
parking .and landscaping areas, and minimum
setbacks shall be submitted for staff review and
approval.
5.4.2.
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.
6.2. GENERAL
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.
600K 061 PAGE 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, 1985
B. Side Yard - 25 feet
C. Rear Yard - 25 feet
6.4.2. MAXIMUM HEIGHT:
.Thirty-three (33) feet above finished
grade of lot or from the minimum base flood
elevation required by the Flood Elevation
Ordinance whichever is higher.
SECTION FIVE:
Subsection 6.5, Development Commitments is hereby added as
follows:
6.5. DEVELOPMENT COMMITMENTS
6.5.1. STIPULATIONS
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
SOCK 061 mi 105
The goal of site landscaping shall be the re-creation of
native vegetation and habitat characteristics lost on the
site 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 course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Collier County Environmental
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 this Foxf ire 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
DDOK 061 PALE 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.
I
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 061 PAGE 107
6-4
SECTION VII
• s
TRACT E & TRACT F: COMMONS AREA/GOLF COURSE
7.1. PURPOSE
The purpose of this Section is to set forth the development
plan and regulations for the areas designated as Tract E,
Commons Areas/Golf Course on the PUD Master Development
Plan, Exhibit "A".
;JrJff'TzTjJ- .Mr -5 a
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 areas 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.
No building or structure, 6r part thereof, shall be.erected,
altered or used, or land•used, in whole or in part, for
other than the following:
A. Principal Uses:
1. Golf Courses
2. Open spaces and outdoor recreation facilities.
3. Lakes and other functional facilities or uses to
serve for the flood relief and drainage of project
improved areas.
4. Pedestrian and bicycle paths or other similar
facilities constructed for purposes of access to or
passage through the Common areas.
BOOK 061 PAGE 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.
B. Accessory Uses:
1. Clubhouse, pro -shop, practice driving range and
other customary accessory uses of golf courses, or
:other recreational facilities.
2. Small establishments, including but not necessarily
limited to, gift shops, golf equipment sales,
restaurants, cocktail lounges, and administrative
services and management offices, intended to
exclusively serve or be a service beneficial
exclusively to the members of the Association,
patrons of the golf course or other permitted
recreational facilities subject to the provisions of
Div 2.2.1 of the Collier County Land Development
Code.
3. Signs as permitted in Div. 2.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
14 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.
Thirty-five (35) feet within 150 feet of any Tract
restricted to thirty (30) feet or leas in height, and
forty-five (45) feet elsewhere within the Tract as measured
from the finished grade of site or from the minimum base
flood elevation required by the Flood Elevation Ordinance
whichever is greater. Structures located within Section 1,
Township 50 S, Range 25 E shall be limited to one (1) building
story:
7.7. MINIMUM OFF-STREET PARKING
As required by Division 2.3 of the Land Development Code, or
Collier County regulations in effect at the time of permit
application.
7.8. SRECIAL USE
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.
BOOK 061 PALE 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 50 South,
Range 25 East.
Any properties which are required to be reserved
for right-of-way expansion for Davis Boulevard
shall be subject to either Road Impact Fee Credit
pursuant to Ordinance 92-22 or shall be acquired
at fair market value from the property owner.
DRes 4 : • R!ul��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 061 PAGE 311
SECTION VIII
DEVELOPMENT STANDARDS
The purpose of this Section is to set forth the standards
for the development of the project.
8.2. rIENERAL
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 sewage treatment facilities to serve the
project are to be designed, constructed, conveyed, owned and
maintained in accordance with Collier County Ordinance No. 88-
76, as amended, and other applicable County rules and
regulations.
All customers connecting to the water distribution and sewage
collection facilities to be constructed will be customers of.
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 best satisfy the
project, the neighborhood and the general local
environment. Minor site alternations may be permitted
subject to planning staff and administrative approval.
C. All necessary easements, dedications, or other
instruments shall be .granted to insure the continued
operation and maintenance of all service utilities and
all areas in the project.
D. To Protect the integrity of the multi -family
residential neighborhood, access roads to multi -family
development tracts are intended to be private roads
while all other roads may be public roads.
8-1
SOCK 061 PALE 112
8.4 . PROJECT DEVELOP ENT ANP RECREATIONA FACILITIES
ITIES
The proposed development 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-
de-sacs at street ends, screens, signs, landscaping, erosion
control and other similar-in-function facilities shall be
taken to accomplish the above set forth objectives.
Any additional recreational facilities, as may be needed by
the future residents of this project, shall be funded through
a system of revenues collected by the Foxfire Community
Association. The Community Association By -Laws shall include
a provision that the creation of :a capital improvement fund is
mandatory, and every property owner in the development shall
become a member of the Association.
All clearing, grading, earthwork and site drainage work
shall be performed in accordance with all applicable State
and local codes.
The cypress head in the west central portion of the project
and the large clumps of palmettos in the unexcavated common
areas will -be protected during construction with the fencing
and posting. The haul roads will be identified, and the
contractor will adhere to these roads, which will be
stabilized if sand traps occur.
1
8.6. STREET CONSTRUCTION
All public street design and construction shall meet the
Collier County standards that are in effect at the time of
approval.
�1+�l�1�M • " lily ; ; • )�!� �
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 PALI 113
8-2
W aTEWA ER COLLECTION: TRANSPORT AND DISPOSAL
All project areas shall be served by a central wastewater
collection system.
All applicable water and sewer connection charges must be
paid to the County Water -Sewer District prior to the
issuance of any building permits.
The projects Developer(s) his assigns or sucessors shall
comply with the current County ordinances regarding use of
treated sewage effluent for irrigation purposes.
The existing off-site sewage transmission facilities of the
District must be evaluated for hydraulic. capacity to serve
this project and improved as required outside the projects
boundary to provide adequate capacity to transport the
additional wastewater generated without adverse impact to the
existing transmission facilities.
8.9. NUER 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.SSOLID WASTE DISPOSAL•
Arrangements and agreements shall be made with the approved
solid waste disposal service to provide for solid waste
collection service to all areas of the project.
8.11.OTHER UTILITIES
Telephone, power, and TV cable service shall be made
available to all residential areas. All such utility lines
shall be installed underground.
Any above ground antennas which will be external to a
building shall require the approval of the Association.
8.12.TR FFTr STGNAL
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
600& C-61 P.1-ali4
beginning of land development, additional pavement will be
constructed along Davis Boulevard and along Radio Road at
the entrance to Foxfire to provide leftturn storage iand
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.
y • : Y: • h1Y•1'
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 Front Rear Side Structure
structures - Single Family 30' 10' 10, 10,
Area (Only)
8.15.SIGNS
All signs shall be in accordance with the appropriate Q211
County Ordinances.
All landscaping for off-street parking areas shall be in
accordance with the appropriate Collier County Ordinances.
8.17 . PARKING STORAGE OR USE OF MAJOR RECREATIONAL -Entty oi41ENT
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.
BOOK G61 �8��4115
8.18.PA_RKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS
A.! It shall be kunl`awful to park a commercial vehicle on
any lot in a residentially zoned district unless one of the
following conditions exist:
1) The vehicle is engaged in a construction service
operation on the site where it is parked. The
vehicle must be removed as soon as the construction or
service activity has been completed.
2) The vehicle is parked in a garage, carport, or fully
screened area and cannot be seen from the exterior of
the lot or the adjacent multi -family structures.
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.
I
3) Maintain cypress head in a natural condition.
B. pr.n*rr COMMUNITY ANALYSIS
The total project acreage, +318.67 subject to
Ordinance #81-68 has been developed as indicated in
that Ordinance, including retention of the Cypress
Head and Preservation Areas described in Section
8.19,D & E of this document. The addition of the
Western +65.54 acres to be utilized for nine holes
of golf represents the only remaining plant
community to be significantly altered. The
following is an analysis of that plant community:
Land Classification Code No. 411, Pine Flatwoods
(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
(Serenoa repens), or muscadine grape (Vitis
rotunditolia).
Various other species also occur, though less
commonly, including poison ivy (Toxicodendron
radicans), gallberry (Ilex glabra), wax myrtle
(Myrica ceritera, myrsine (Rapanea punctata),
staggerbush (Lyonia fruticosa), winged sumas (Rhus
copallina), fox grape (Vitis labrusca), dogfennel
(Eupatorium capillifolium) and yellow -eyed grass
(Xyris spp.).
Cabbage palms (Sabal palmetto) are scattered
througout this classification, but are not
dominant even in the midstory. Dwarf wax myrtle
(Myrica pusilla), gopher apple (Licania
michauzii), prickly pear (Optunia stricta) and
other species tolerant of xeric conditions also
occur in drier portions. Brazilian pepper (Schinus
terebinthifolius) occurs on small patches
throughout- this classification but is not dominant
in any area. Melaleuca (Melaleuca quinquenervia)
is beginning to invade the site, but is not
dominant in any extensive area
C. NATIVE VEGETATION BUFFER AREAS
FUNCTION: Provide visual and noise buffer between
building sites, roadways and adjoining properties.
TREATMENT: 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.
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
SOCK 061 PACE 117
attractive natural
of water during the
recharge area as well
facility. Provide
experience for the
TREATMENT, 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 exotica, 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.
•� 03 -XEM
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.
TREnTMENT: 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.
FUNCTION: Provide noise and visual buffer from traffic
and adjacent properties.
TREATMENT: 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.
O. RUTLDING SITES
FUNCTION_ Location for structures.
TREATMENTo Retain maximum amount of vegetation with
the exception of small areas for stockpiling fill.
S-7 pp
600K 0�±61 PAro 110
H. STREET PLANTING
FUNCTION: 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. LAKE LRF.AR
FUNCTION: Provide water storage, recreation and
aesthetically pleasing quality for the community.
TREATMENT! On completion of construction, lake banks,
will be revegetated with durable grasses to control
erosion.
J. SIDEWALK/BIKEWAY: Sidewalks and bikeways shall be
provided and constructed according to local County code
and ordinances.
K. GENERAL POLICIES
FUNCTION: Provide an" aesthetically pleasing as well
as functional environmental in general.
TREATMENT: Four classification fall into this category.
1. Farm land areas: Areas that have been previously
farmed that are planned for general open space as
well as certain parts of the Common Areas, to be
reforested on basis of management program
developed in conjunction with Forestry Department.
Re-establishment of ground cover by the use of
durable grasses to eliminate wind and water
erosion.
2. Select clearing areas: As a general policy and as
much as practicable selection clearing and
protection of valuable vegetation shall be
applied.
BOOK 061 PAGE 119
8-8
3.
{
4.
Disturbed areas: Upon completion of construction,
,all disturbed soils located within the
Commons/Golf Course Area shall be revegetated with
durable grasses to eliminate water and wind
erosion.
Obnoxious exotics shall be destroyed in accordance
with the applicable County Ordinances.
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.
WATER MANAGEMENT
An Excavation Permit will be required for the
proposed lakes) in accordance with Division 3.5 of
Collier County Ordinance No. 92-73 and SFWMD rules.
A copy of SFWMD Permit or Early Work Permit is
required prior to final construction plan approval.
At the time" of final construction plans approval, it
must be demonstrated that the golf course discharge
will not exceed the capacity of the off-site ditch
or -proposed improvements. Any necessary improvements
to' the ditch will be at the Developer's expense.
This does not ¢xclude cost sharing by all parties
impacting discharge volumes.
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 S Range 26 E, crossing Estey Avenue as
indicated on Exhibit E.
bon 061 PAGE 120
6-9
7
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V.
PROJECT LOCATION MAP.
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500K 061 P;sE 122
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SHEET 2 OF ` • • ' ' «• �: __
OXF/RE UNIT •�''
} THREE t EXHIBIT "CK
f`•` StJBOWJS/ON OF PART OF SECTION 6, •' 't� 3 s ; s �t
ro►SHIP 30 SOUTH . RANGE 26 £AST,
;aOLLFFR cnimmy Fi nRMA •�. 1
boax 061 PAGE 123
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Propos®d Golf Cart Crossing
Exhibit D
BOOK 061 PAA 124
..STATE OF FLORIDA )
,.COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 93-31
which was adopted by the Board of County Commissioners on
the 8th day of June, 1993, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of June, 1993.
DWIGHT E. BROCK .'''���jt;1 i I��,y''•
Clerk of Courts and Clerit,S�'".•' '
Ex -officio to Board of'-..".��•
County Commission rs t
La
By: /s/Maureen Kenyon ��• ! }
Deputy Clerk
SOCK 061 mt 125
•DAVIDSON
E N G I N E E R I N G
www.davidsonengineering.com
0
4365 Radio Road, Suite 201 • Naples, FL 34104 • P (239) 434.6060 • F (239) 434.6084
Collier County Growth Management
Attn: Client Services
2800 N. Horseshoe Drive
Naples, FL 34104
RE: Foxfire
PDI Request to Ordinance
IS` Review
To Whom It May Concern,
November 1, 2016
The Foxfire development is approximately 384.21 acres and was rezoned as a Planned Unit Development (PUD)
pursuant to Ordinance 84-49, as amended by Ordinance 93-31. The development was approved for a maximum
of 935 residential units, which includes single-family and multi -family uses, golf courses, common areas and the
associated infrastructure. The intent of this request is to add thq existing golf course facility as a principal use in
Tract B along with development standards, amend the master concept plan to designate the pool and overflow
parking area that this situated in Tract "A" as Tract "E", as well as the 40 -foot wide drainage easement that is
identified as Parcel "C" within Tract "A" as a portion of Tract "E". The applicant also proposes 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.
We have included the following items for your review and approval:
1. Cover Letter
2. Approved Addressing Checklist
3. Email Correspondence with Ray Bellows, to serve as Pre -Application Meeting
4. Planned Unit Development Insubstantial Change (PDI) Application
5. Attachment A, Disclosure of Interest
6. Attachment B, Project Narrative and Detail of Request
7. Attachment C, Legal Descriptions
8. Original PUD Master Plan
9. Updated PUD Master Plan
10. Foxfire Unit One Plat
11. Foxfire Unit Two Plat
12. Foxfire Unit Three Plat
13. Completed Affidavit of Authorization
14. PUD Ordinance 84-49
15. PUD Ordinance 93-31
16. Recorded Warranty Deed
17. Strike-Thru Underline Document (PDF and Word Versions)
DE
DAVIDSON •
ENGINEERING
Should you have any questions or require any additional information, please feel free to contact me at
(239)434.6060 ext 2961.
Sincerely,
Frederick E. Hood, AICP
Senior Planner
•
0
•DAVIDSCJN
E N G I N E E R I N G 4365 Radio Road, Suite 201 • Naples, FL 34104 • P (239) 434.6060 F (239) 434.6084
www. davidsonengmeenngxom
Collier County Growth Management December 14, 2016
Attn: Client Services
2800 N. Horseshoe Drive
Naples, FL 34104
RE: Foxfire
PD1- PL20160003062
2nd Review
To Whom It May Concern,
The Foxfire development is approximately 384.21 acres and was rezoned as a Planned Unit Development (PUD)
pursuant to Ordinance 84-49, as amended by Ordinance 93-31. The development was approved for a maximum
of 935 residential units, which includes single-family and multi -family uses, golf courses, common areas and the
associated infrastructure. The intent of this request is to identify and add development standards for the existing
golf course maintenance facility, within Tract B, under Section 4.4.5 of the PUD, with a setback of 30 feet from the
north and west property boundaries and 50 feet from the remaining boundaries.
We have included the following items for your review and approval:
•
1. Response Letter
2. Updated Text Amendment Language
3. Updated Master Concept Plan
4. Updated Attachment B — Detail of Request
In response to comments issued December 6, 2016, we offer the following responses:
Addressing - GIS Review Annis Moxam
1. On the PUD MASTER PLAN — Sheet 1 of 1, street name Estey Avenue is incorrect, please correct to Flamingo
Drive. Per SNR RES NO: 80-168 recorded in OR 881 PG0023
Please add street name Foxtrot CT to the PMP
Response: The Estey Ave call out has been updated to Flamingo Drive and Foxtrot CT is also labeled. Please
refer to the updated Master Plan.
Environmental Review Summer Araque
Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the
subject site boundary lines. Provide 2 aerials —one with the existing PUD overlaid and proposed PUD overlaid.
Why is there a difference in the Cypress Head area shown on the existing and proposed PUD?
0
DE
DAVIDSON •
EN G I N E ER I N G
Response: The PDI request has been amended to focus only on the maintenance facility at the northwest
corner of the Foxfire Community. Therefore, the existing approved master plan has been updated with only
the maintenance facility lot now identified in said location. Furthermore, updating the PUD to address any
additional environmental language and/ or text fixes will be addressed at future date when Foxfire files for
a full PUD amendment.
2. Clearly identify the location of all preserves and label each as "Preserve" on all plans (LDC 3.05.07 H.1.).
Since you are updating the Master Plan, please bring up to current code and Label the preserve per LDC
3.05.07.H.1. Simply add the word "Preserve" after Cypress Head.
Response: The PDI request has been amended to focus only on the maintenance facility at the northwest
corner of the Foxfire Community. Therefore, the existing approved master plan has been updated with only
the maintenance facility lot now identified in said location. Furthermore, updating the PUD to address any
additional environmental language and/ or text fixes will be addressed at future date when Foxfire files for
a full PUD amendment.
Provide preserve acreage on site plan including the Cypress Head and Palmetto areas required to be set aside
by PUD section 8.5 (LDC3.05.07 B. - D.).
Response: The PDI request has been amended to focus only on the maintenance facility at the northwest
corner of the Foxfire Community. Therefore, the existing approved master plan has been updated with only •
the maintenance facility lot now identified in said location. Furthermore, updating the PUD to address any
additional environmental language and/or text fixes will be addressed at future date when Foxfire files for
a full PUD amendment.
County Attorney Review. Heidi Ashton-Cicko
I. This is a request for a substantial change because it is adding permitted uses and the height of maintenance
buildings. This will go to the CCPC and BCC.
Response: Per the meeting held with Collier County Staff on December 2, 2016, the intent of this request
has been amended to identify and add development standards for the existing golf course maintenance
facility, within Tract e, under Section 4.4.5 of the PUD, with a setback of 30 feet from the north and west
property boundaries and 50 feet from the remaining boundaries. Therefore, as discussed, the changes
requested within this PDI petition are Insubstantial and will go to the HEX.
!. Miscellaneous Corrections: Our records show Ord. 75-10 and Ord. 80-10, prior ordinances relating to Foxfire
were never repealed. Does the HOA want these ordinances repealed?
Response: Yes, it is the intent of the HOA to repeal Ordinances 75-10 and 80-10.
0
®E
D"IDSON
E NG IN E ER I "G
• 3. Miscellaneous Corrections: Please explain how you calculated the new Land Use Summary including the
additions or reduction in acreage to arrive at the new numbers.
Response: The PDI request has been amended to focus only on the maintenance facility at the northwest
corner of the Foxfire Community. Therefore, the existing approved master plan has been updated with only
the maintenance facility lot now identified in said location. Furthermore, the PUD Text and Master Plan,
including the Land Use Summary, will be updated at a future date when Foxfire files for a full PUD
Amendment.
4. Miscellaneous Corrections: Please make changes to the amended PUD text sent by email on 11-8-16
Response: THE PUD text has been updated, per the meeting held on December 2nd 2016.
Engineering Stormwater Review, Liz Gosselin
1. Please provide an overall map key for all the existing and proposed drainage easements in relationship to
the land tracks within the Fox Fire Golf & Country Club PDI.
Response: The PDI request has been amended to focus only on the maintenance facility at the northwest
corner of the Foxfire Community. Therefore, the existing approved master plan has been updated with
only the maintenance facility lot now identified in said location. Per coordination with the zoning and
County Attorney review staff, the PUD Text and Master Plan (including the Land Use Summary) will be
• updated at a future date when Foxfire files for a full PUD Amendment.
Should you have any questions or require any additional information, please feel free to contact me at
(239)434.6060 ext 2961.
Sincerely,
s
Frederick E. Hood, AICP
Senior Planner
0
DAVIDSON
E N G I N E E R I N G
April 19, 2017
Collier County Growth Management
Attn: Client Services
2800 N. Horseshoe Drive
Naples, FL 34104
RE. Foxfire
PDI-PL20160003062
31 Review
To Whom It May Concern,
Civil Engineering • Planning • Permitting Adlikk
www.davidsonengineering.com
After several meetings and phone conferences, and per direction of County review staff regarding the subject
PDI petition, additional clarifying text amendment language has been added to Section IV of the Foxfire PUD.
The master concept plan has also been revised to reflect the current platted maintenance facility parcel.
We have included the following items for review and approval:
1. Response Letter
2. Updated Text Amendment Language •
3. Master Concept Plan
Should you have any questions, or require any additional information, please feel free to contact me at
fred@davidsoneneineering.com.
Sincerely,
r - U
Frederick E. Hood, AICP
Senior Planner
4365 Radio Road • Suite 201 • Naples, FL 34104 • P: (239) 434.6060 - F: (239) 434-6084 •
1990 Main Street - Suite 750 • Sarasota, FL 34236 • P: (941) 309-5180
•
•
•
DAVIDSON
E N G I N E E R I N G
June 20, 2017
Dear Property Owner,
Civil Engineering • Planning • Permitting
www.davidsonengineering.com
Please be advised that a formal application has been submitted to Collier County, seeking approval of a Planned
Unit Development Insubstantial Change [PDI-PL20160003062], for the following described property, within the
Foxfire Planned Unit Development [Ordinance 93-31]: 355 Foxtail CT, Naples, FL 34104
The sender, Frederick E. Hood, AICP of Davidson Engineering, on behalf of the petitioner, Foxfire Community
Association of Collier County, Inc., is requesting the following changes within the PDI Application:
• Addition of language to Section IV of the Foxfire Planned Unit Development (PUD), to establish setbacks
and height limitations for the Golf Course Maintenance Facility platted parcel; and
• Revision to the Master Concept Plan to reflect the existing, platted Golf Course Maintenance Facility
pa rce I.
4365 Radio Road • Suite 201 • Naples, FL 34104 • P: (239) 434.6060 • F: (239) 434-6084
1990 Main Street • Suite 750 • Sarasota, FL 34236 • P: (941) 309-5180
DE
DAVIDSON •
E NG I NEER IN G
In compliance with the Land Development Code requirements, we are holding a Neighborhood Information
Meeting to provide you an opportunity to become fully aware of the request. The meeting will begin at 5:30 p.m.
on Tuesday, July 111h, 2017, in the Clubhouse at the Foxfire Golf and & Country Club, located at 1030 Kings Way,
Naples, Florida, 34104.
A copy of the requested PUD text amendment language and updated Master Concept Plan, has been included for
your reference. Please note that these documents are subject to change, as Collier County reviews these items
for compliance with the Land Development Code.
Please contact me at (239) 434-6060 ext. 2961, or via e-mail at fred@davidsonengineering.com, if you have any
questions regarding the meeting or the proposed project.
Sincerely yours,
f
Frederick E. Hood, AICP
Senior Planner
•
0
ATO Z NAPLES LLC AKEL, ALEXANDER E ALLIANCE MOVING INC
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C7
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•
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•
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NAPLES, FL 34104---0854 NAPLES, FL 34104---0000 NAPLES, FL 34104---0000
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•
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•
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OWEN, SIDNEY C & MARGARET A
P J & J A BUTITTA TRUST
PARTYKA, BARBARA A
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WINDSOR, ON
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NAPLES, FL 34104---4998
•
CANADA N8N OC3
PASSARELLI JR, JOHN
PAUL, PETER R & CATHERINE M
PERKINS JUDD REV TRUST
MARY JANE PASSARELLI
224 FOXTAIL CT
408 FOXTAIL CT
118 FOXTAIL CT
NAPLES, FL 34104---4909
NAPLES, FL 34104---0000
NAPLES, FL 34104---4996
PETERSON, JOHN V & PATRICIA J
PINT TR, GERALD D & MARGARET
POMME VERTE LLC
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GERALD D PINT REVOCABLE TRUST
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PONTORIERO, JULENE
POWER, VIRGINIA L
RADIO RD EXEC WHOL CONDO ASSOC
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555 HERITAGE HLS UNIT A
% SOUTHWEST PROPERTY MGMT
NAPLES, FL 34104---4701
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•
RAY, MICHAEL & THERESA R
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•
NAPLES, FL 34105---0000
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•
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SCHELL TR, MAUREEN M
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•
WALDBILLIG, THOMAS & ROSEMARY
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ALLEN CORBY
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NAPLES, FL 34104---4998
•
•
WALLBANK, CAROLYN
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WOOD, PATRICIA A
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NAPLES, FL 34104---0000
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FOXFIRE NIM
PDI - PL20160003062 7/11/2017
DAVIDSON
DOVN
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k
Civil Engineering • Planning • Permitting
• DAVIDSON www.davidsonengineering.com
E N G I N E E R I N G
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 Foxfire PDI (PL20160003062) was held on Tuesday, July 11th, 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
C
• 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 Radio Road • Suite 201 • Naples, FL 34104 • P: (239) 434.6060 • F: (239) 434-6084
1990 Main Street - Suite 750 • Sarasota, FL 34236 • P: (941) 309-5180
DE
DAVIDSON •
E NG IN E E R I NC-
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 Foxfire 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 is
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.
is
•
•
DE
DAVIDSON
E N G IN E E R IN G
o 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 PDI 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 Reischl 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.
DAVIDSON •
ENGINEERING
FOXFIRE
Neighborhood Information Meeting
• Introduction:
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.
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.
• Size and Location:
o The Foxfire 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.
•
1
• Purpose of the PDI:
• 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 are 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.
• Impacts and Summary of the PDI:
o 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 PDI 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.
•
2
NapttS34FIil1jNJCW8 •
NaplesNevoscom
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally appeared Cheri Koerner who on oath says that he
serves as Inside Sales Manager of the Naples Daily News, a dally newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published In
said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Na-
ples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said
Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second
class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Customer Ad Number Copy Ine
UAVIUSUN ENGINEERING, INC
Pub Dates
June 26, 2017
(Signature of affiant)
Sworn to and subscribed before me
This June 27, 2017
� wla� f q NY
(Signature of affiant)
1657520 PUBLIC NOTICE
KAROL E KANGAS
Notary PUMIC - State of Florida
My Comm. Expires Jul 2Y, 2017
Commission N FF 017837
ffe)n
•
•
•
•
•
SA Monday, June 26, 2017 Naples Daily News
Light penalties, lax oversight cripple safety at weapons labs
PETER CARY, PATRICK MALONE
AND R. JEFFREY SMITH
CENTER FOR PUBLIC INTEGRITY
A wrong turn of a valve at one of the
country's nuclear weapons laboratories
unleashed an explosion that easily could
have killed two workers.
As the Department of Energy investi-
gated the near -catastrophe in August 2011
at Sandia National laboratories in Albu-
querque over the next three years, the
same lab—one of 10 nuclear weapons -re-
lated sites that contain radioactive ma-
terials in addition to the usual hazards
found in industrial settings — had two
more serious accidents, both blamed on
insufficient safety protocols.
But when the time came for regulators
to take action against the company in
charge of the lab, officials decided
against a financial penalty. They waived a
$412,500 fine they had initially proposed,
saying Sandia Corp, a subsidiary of Lock-
heed Martin, had made "significant and
positive steps... to improve Sandia's safe
ty culture."
Energy Department documents ob-
tained by the Center for Public Integrity
make clear that the nation's eight nuclear
weapons labs and the sites that support
them remain dangerous places to work
while their corporate managers face rela-
tively slight penalties.
Energy Department reports blame an
array of causes, including production
pressures, incorrect work procedures,
poor communication, inadequate train-
ing, insufficient supervision and inatten-
rvAnONAL LAB°RATCMIES
Some of the damage from a September 2011 explosion at Sandia National Laboratories in
Albuquerque. During a three-year Investigation, the facility had two more serious accidents.
tion to risk.
Low fines after accidents leave tax-
payers to finance most of the cleanup af-
ter accidents that officials said never
should have happened.
During a yearlong investigation, the
Center for Public Integrity found:
.Private firms running these labora-
tories and plants each are paid $40,000 to
$160,000 a day in profits alone, a total of
more than $2 billion in the past 10 years.
But during that period, the Energy De
-
partment's enforcement arm waived or
significantly reduced 19 of 21 major fines,
forgiving $3.3 million of $7.3 million that
could have been imposed.
. Federal rules governing Energy De-
partment contractors do not allow the
contractors to be fined if their profits
were docked for the same infraction.
. When the Energy Department penal-
ized a contractor that shut down the na-
tion's underground nuclear waste dump
in 2014 after an accident that exposed 21
people to radioactive carcinogens, it
amounted to a tiny share of the govern-
ment'srepair costs.
Los Alamos National laboratory, oper-
ated by a consortium of four contractors
called Los Alamos National Security LLC,
was fined $57 million. The government's
cleanup bill was about $1.5 billion.
. The frequency of serious accidents
and incidents at these facilities has not di-
minished —as it has at most other indus-
trial workplaces in America—and might
have risen significantly.
The private Firms the government
pays to run its nuclear weapons program
employ about 40,000 people from coast to
coast. Scientists and other workers often
come face-to-face with toxic chemicals,
radioactive materials, nuclear wastes and
other dangers as they maintain the plan-
et's largest atomic arsenal.
"What's the incentive to do the job
right when no matter what you get the
money?" said Ralph Stanton, a worker
who inhaled radioactive plutonium in an
accident at Idaho National Laboratory in
Idaho Falls.
The federal government can, but ram,
ly does, terminate contracts for poor per-
formance. Most firms have been able to
count on a decade or more of steady in-
come once they win a contract.
The Government Accountability Of-
fice has estimated the average Depart-
ment of Energy contract with extensions
runs 17 years.
The Centerfor Public Integrity is a non-
profit investigative news organization in
Washington, D.C.
Heat wave in Southwest easing, but winds fan wildfires
JOHN BACON
USAToonv
The end was finally in sight Sunday for
the heat wave blasting the Southwest for
more than a week, but that might not help
firefighters battling about 20 major
blazes across the region.
AccuWeather senior meteorologist
Kristina Pydynowski said the high-pres-
suro system that has locked in the heat
will begin to loosen midweek.
"It's a double-edged sword," she told
USA TODAY. "We will see winds pick up
in the afternoons. That could prove prob-
lematic for firefighters."
California doesn't need more problems
fighting fires. More than 19,000 acres
have burned so far this year— more than
double what had burned at this time in
2016, the state's most recent survey from
a week ago shows, said Scott McLean,
deputy chief with the California Depart-
ment of Forestry and Fire Protection.
McLean said heavy winter rains that
took the edge off the state's severe
drought also enhanced the growth of
grasses and brush. Grass that dried out in
the heat is burning, and the fires can be
whipped by the winds.
"The combination of heat and wind is
exactly what firefighters dont want to
see," McLean said.
The nation's biggest fire is burning in
southern Utah near Pargnitch, about 250
miles south of Salt Lake City. The Brian
NEIGHBORHOOD INFORMATION MEETING
Please be advised that a formal application has been submitted to Collier
County, seeking approval of a Planned Unit Development Insubstantial
Change (PDI), for the following described property: 355 Foxtail Court,
Naples, Florida, 34104
The petitioner, Foxfire Community Association of Collier County,
Inc., is requesting an Insubstantial Change to the Foxfire PUD [PDI-
PL201600030621 requesting the following:
• Addition of language to Section IV of the Foxfire Planned Unit
Development (PUD), to establish setbacks and height limitations for
the Golf Course Maintenance Facility platted parcel; and
• Revision to the Master Concept Plan to reflect the existing, platted
Golf Course Maintenance Facility parcel.
Z
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PROJECT
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Radio RD.
LOCATION
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WE VALUE YOUR INPUT
The public is invited to attend a neighborhood information meeting, held
by Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing
Foxfire Community Association of Collier County, Inc. on Tuesday, July
11th, 2017. The meeting will begin at 5:30 p.m., in the Clubhouse, at
the Foxfire Golf and & Country Club, located at 1030 Kings Way, Naples,
Florida, 34104
If you are unable to attend this meeting but have questions or comments,
they can be directed by mail, phone or e-mail to the individuals listed
below:
Frederick E. Hood, AICP
Davidson Engineering, Inc.
4365 Radio Road, Suite 201
Naples, FL 34104
Phone: 239.434.6060
Email: Fred®davidsonengineering.com
June 26, 2017
Fred Reischl, AICP
Collier County Growth Management
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239.252.4211
Email: fredreischl®colliergov.net
ND -1657520
Head Fire had swept through more than
40,000 acres as of Sunday, destroying 13
homes. More than 15,000 people had been
evacuated from the area.
The fire was only 8 percent contained
Sunday as firefighters braced for the re-
turn
eturn of high winds.
"Stronger winds will create red flag
conditions on Monday," the state's fire in-
formation overview warned.
Arizona also has struggled with fires.
Gov. Doug Ducey declared a state of
emergency Friday and authorized
$200,000 from the state's emergency
funds to bolster firefighting efforts.
A return tonormal temperatures wont
release the region from the grasp of sum-
mer, Pydynowski said.
Phoenix will see normal highs return
after a string of daily records last week
peaked with a high of 119 degrees. By
Wednesday the city will be reveling in
temperatures only 2 degrees above the
average high.
Las Vegas was forecast to hit a high of
113, which would mark the ninth consec-
utive day of 110 degrees or more. The city
record is 10 straight days.
But it appears unlikely the record will
be broken — Wednesday's forecast calls
for a high of 106 degrees.
"This is the hottest time of the year out
there, before the monsoon rains come,"
Pydynowski said. "It's going to be hot. But
the temperature is trending downward —
the peak of the heat has passed."
SIGN POSTING INSTRUCTIONS
(Section 10.03.00, COLLIER COUNTY LAND DEVELOPMENT CODE (LDC)
A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen •
(15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the
petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,
however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign
requirements, please refer to Section 10.03.00 of the LDC.
1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-
of-way or easement.
2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and
then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage.
3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the
requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered
unreadable, the petitioner or the petitioner's agent must replace the sign(s
NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER
THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER.
AFFIDAVIT OF POSTING NOTICE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED FREDERICK E. HOOD, AICP, SENIOR PLANNER WHO •
ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20160003062
4365 Radio Road. Suite 201
Signature of Applicant or Agent Street or PO Box
Frederick E.Hood AICP Senior Planner Naples, FL 34104
Name (Typed or Printed City, State, Zip
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was sworn to and subscribed before me this 22"d day of August. 2017, by Frederick E. Hood.
AICP• personally known to me or who produced as identification and who did/did not take an oath.
(A no
SCatureo tic
;;JESSICA KARRELSON
Notary PabliC -$ftka of Maida
�' •F Comml Ev s FF X5111, 2 Printed Name of Notary Public
• ,, My Comm, EirPMN May t!, ZOZO •
My Commission Expires: '... SaawtlroaoANCiba�lNotar�,A�tflt:
(Stamp with serial number
FOXFIRE PUD PDI-PL201600030621
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ILZ Landscape
C_ ' l! v e ArFMtaClure
sUeDfallwOOD r�a�r S ra ■ Division
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LAND USE SUMMARY ..ff....e.
.
-Meet -A`: Low density single-lemlty ,
r De
FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY��, /is J residential x 80.7 cores
J c tl
�^- - �� haat `B`: Lbw density rwullhlemlly
f. • ..'^-� .. I t? residential x 69.8 acres O
.: °iReet `C': Low density reeldenttai x 9.7 acres
b ro Tact 'D': Master Waste Water Q
Pump Station t 1.2 acres
Tact 'E`. Commons Areas/
fr � CfW/ Course x 221.7 aeras d
K TOTAL: 2114,2 acresIS al
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_... =.._ ._—.. _—ii,fer h•' ��. —��.. fr"E" A..... ere,. TLM
DAMS BLVD. °r+"ti Ifoe
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EXHIBIT 'A' 1 ' a._..._
02.211
SECTION IV
is TRACT B: LOW INTENSITY
MULTI -FAMILY RESIDENTIAL DEVELOPMENT
4.4.5 Golf Course Maintenance Facilities (Facility at the northwest corner of the Foxflre PUD, as
shown on the master pion):
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.
The existine metal building. soil bins with 8 -foot concrete walls and chemical
storage and equipment wash building may remain in their current locations,
as surveyed and approved by SDP #2000-23. All new development or
redevelopment of the maintenance facility parcel, described as Tract 9 of the
Foxfire Unit Three Subdivision recorded in Plat Book 13, Pages 101-102 of the
Public Records of Collier Countv. 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 T"
landscape buffer required along Radio Road.
C. Maximum Heieht: Thirtv-five (35) feet within 150 feet of anv Tract A: Low Densit
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.
0 Words underlined are added and words 54HEIE are deleted.
DAVIDSON
E N G I N E E R I N G
August 31, 2017
TO:
FROM:
RE:
Civil Engineering • Planning • Permitting
www.davidsonengineering.com •
MEMORANDUM
Fred Reischl, AICP
Jessica Harrelson, Senior Project Coordinator
FOXFIRE PDI - PL20160003062
Below is an outline of development for the existing Maintenance Facility within the Foxfire community. This
information provides evidence that the maintenance facility has been an allowable use, within its existing location,
from the time the PUD was amended, by Ordinance 84-49. Additionally, all required permits associated with the
construction of the maintenance facility were properly obtained.
• Ordinance 84-49
o Amended Ordinance 81-68
o Adopted August 7, 1984
o Master Plan updated, illustrating the Golf Course Maintenance Facility location within Tract "E" —
Common Areas/ Golf Course (Current location of Maintenance Facility)
• Ordinance 93-31
o Repealed Ordinance No. 81-68
o Adopted June 8, 1993
o Master Plan illustrates the Golf Course Maintenance Facility location within Tract "B"- Low Density
Multi -Family Residential (Current location of Maintenance Facility)
• Maintenance Facility Building Permit
o Original Building Permit #84-2320
- Certificate of Occupancy for original Maintenance Building issued September 4, 1984
o Permitted prior the Site Development Plan (SDP) process being established
• Foxfire Unit Three Plat
o Plat Bok 13/ Pages 101-103
o Maintenance Facility Parcel platted as Tract 9
o Recorded March, 1985
• Maintenance Facility Expansion
o Approved under SDP# 00-23
o Approved June 14, 2000
4365 Radio Road • Suite 201 • Naples, FL 34104 • P: (239) 434.6060 • F: (239) 434-6084
1990 Main Street • Suite 750 • Sarasota, FL 34236 • P: (941) 309-5180
•
•
•
0
0
DIE
DAVIDSON
ENGINEEPING
FOXFIRE PDI - PL20160003062
August 31, 2017
PUD ORDINANCE 81-68
www.davidsonengineering.com
REQU ED
?n „;1 9 57
MILL;!.!) .I, c TAGAN
OLIA, ARD
^Lll"C. �•�''"; FLORIDA ORDINANCE 81
AN ORDINANCE AMENDING ORDINANCE 76-30, THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF THE COASTAL AREA
PLANNING DISTRICT BY AMENDING THE ZONING
ATLAS HAP NUMBER 50-26-3 BY AMENDING THE
EXISTING PUD KNOWN AS KINGS LAKE NORTH
TO A NEW PUD TO BE KNOWN AS FOXFIRE ON THE
FOLLOWING DESCRIBED PROPERTY: PART OF THE
WEST h OF SECTION 6, TOWNSHIP 50 SOUTH,
RANGE 26 EAST; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, U.S. Home Corporation petitioned the Board of
County Commissioners to amend the Kings Lake North Planned Unit
Development;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The Kings Lake North Planned Unit Development is hereby
amended'to Foxfire PUD in accordance with the PUD Document
attached hereto as Exhibit 'A" which is incorporated herein and
by reference made a part hereof. The Official Zoning Atlas Map
Number 50-26-3, as described in Ordinahce 76-30, is hereby amended
accordingly.
soon OD rw227
J
IiGLoi,i'� CD
2'1 "11.9 57.
Mt I!" :. PCACAN
ClE'• %=
. •'.Lif" '.. • "tOP.fDA
SECTION TWOS
This Ordinance shall become effective upon receipt of
notice that it has been filed with the Secretary of State.
DATE: November 10, 1981 BOARD OF COUNTY COMMISSIONERS
COLLIER C9pNTY, FLORIDA _
r♦�AT'1'ES� �i BYt
,. WIL ;J ,ftEAG LERK
e
STATE •. Qf, Her,: DA
COUNTY OF COLLIER 1
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true original of:
ORDINANCE NO. 81-68
which was adopted by the Board of County Commissioners during
Regular Session November 10, 1981.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th day
of November, 1981.
WILLIAM J. REAGAN
Clark of Courts and ClaAktArC
Ex -officio to Board QS'- "'—:;04, -
_ ...runty Commissionorb�
•V • ,
B
Y
rq a Magri, bkp-?—w Cl er
This ordinance filed with the Secretary of State's Office
the 11th day of.November. 1981 and acknowledgement of that
filing recely this 20th day of November. 1981.
BY
DepuWClerk
sow 013 na228
Boal 013 nu229 •
Fox F I RE
^�'
a
A
�.O s
PLANNED UNIT DEVELOPMENT
BY
.wi
U.S. HOME CORPORATION
4577 Beachwood La' -c Drive No.
Naples, Florida 33942
$a4
8+
PREPARED BY:
O
~
WILSON, MILLER, BARTON, SOLI. i PEEK, INC.
o
1383 Airport Road North
E
Naples, Florida 33942
M
PROJECT NO. 18873
JUNE, 1981
Date IsaL;ld
Date Approved by CAPC
Date Approved by nCC—iI'-i6=161
,.
Ordinance Number-"-8T=6F-
Boal 013 nu229 •
SECTION I - PROPERTY OWNERSHIP i DESCRIPTION
SECTION II- PROJECT DEVELOPMENT
SECTION III -TRACT A: LOW DENSITY SINGLE FAMILY
RESIDENTIAL DBVELOPMENT
SECTION IV - TRACTS D: LOW DENSITY
MULTI -FAMILY
RESIDENTIAL DEVELOPMENT
SECTION V - TRACT C" LOW DENSITY
RESIDENTIAL DEVELOPMENT
SECTION VI - TRACT D: FIRE STATION SITE.
SECTION VII -TRACT F.: COMMONS AREA/GOLF COURSE
SECTION VIII-DEVF,LOPMENT STANDARDS
EXHIBIT "A": PUD MASTER DEVELOPMENT PLAN
EXHIBIT "B": LOCATICN MAP
• eoox 013 Mcg 230
N
SECTION 1
PROPERTY OWNERSHIP AND DESCRIPTION
1.1. PURPOSE
The purpose of'th13 Rection is to set forth the location
and ownership of the property, and to described the existing
conditions of the property proposed to be developed under the
project name of FOXFIRE.
1.2. LEGAL DESCRIPTION
The subject project being 310.57 acres, is described ast
The Weat 1/2 of Section 6, Township 50 South, Range 26 East,
Collie[ County, Florida, LESS anti EXCEPT that portion deeded for
State or Cuunt.y right -()f -WAY ind/•.)r Utility Easements, as appeic
in those certain dnefln and instruments recorded at O.R. nook
165, Page 356, O.R. Hook 202, Patle 167, and O.R. (look 300, page
426; and LESS and PxCF:P'r that portion deeded to the Floridn P:.-,.er
and Light Company, nn appears in that certain deed recorded at-
O.R. nook 323, Page 911, all as contained in the Public Records
Of Collier County, Florida.
1.3. PROPERTY OWNIi boil lP
The subject. 1)t:operty is currently under the ownership of
U.£,, HOME CORPORA' 104, 4577 Beachwood Lake Drive, No., Naples,
Florida 33942.
1.4. GrNrRAI, DESCRIPTION or PRopipi'rY ARrA
A. The project site contains 31R.117 acres and in located
in the lft%st 1/2 of Section 6, Township SO South, Range
26 East, which is approximately one (1) mile cast of
Airport Road and situated between Radio Road and Davis
Boulevard. While it Is bounded by Radio Road on the
North and Davis noulevard on the South, the Kautern
boundary is provided by a high voltage trannmission
line belonging to Florida Power s Light Company. The
Western boundary includes the Naples Groves t Truck
Co's Little Farms No. 2 and Coconut Creek Unit No.'2.
B. The current 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.
I-1
ao�c 013 W231
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1.S. PHYSICAL DESCRIPTION
The project site is located within Water Management
District No. 6. The majority lies within the natural drainage
basin of Rock Creek witha minor portion within Haldeman Creel:.
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. Reck creek, in
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turn, discharges into the Gordon River and Naples Day 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
�+3
lake retention type.
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Elevations within the project site range from 6.8 to 10.0 feet.
above mean sea level. Most of the arta, however, falls within
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the 7.5 to 9.0 feet of elevation category. Further, the depth to
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bedrock in the area varies from some four (4) feet to more than
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twelve (12) feet. This information is based on a January 1974
; a
field survey.
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The soil types on the site include Arxell fine sand
�c�ry
(approximately 50 percent), Immokalee fine sand (approximately 45
Sunniland fine
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percent), and sand (approximately 5 percent).
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Soil characterictics were derived from the Soil Survey of Collier
o.
County, Florida, insued by the U.S. Department of Agriculture. in
March 1954.
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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. Regulations for development of FOXFIRE shall be in
-t accordance with the contents of this document, PUD -planned
o .0,>
Unit Development District and ocher applicable sections
e e
and parts of the "Collier County Zoning Ordinance".
D. Unless otherwise noted, the definitions of all terms shall
r+s+C
be the name as the definitions Ret forth in "Collier
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County Zoning Ordinance".
2.3. PROJECT PLAN AND LAND 11Sr TRACTS
A. The project plot plan, including layout of streets and
land use of the various tracts, in illustrated graphically
by "A",
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Exhibit PUD Master nevelopment Plan. There shall •
BEN
be Four (A) land use tract'), plus necessary street
rights-of-way, the panoral configuration of which is also
M
illustrated by Exhibit "A".
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Tract A: Low density single-family
too
residential (+)82.6 Acres
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2. Tract R: Low density multi -
family residential (1)68.8 Acres
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3. Tract C: Low density residential 9.7 Acres
4. Tract D: Fire Station Site 1.3 Acres
S. Tract E: Commonn Areas/Golf Course (+)156.2 Acres
TOTAL (+) 318.6 Acres
D. Areas illustrated as Lakes by rxhihit "A" shall be
constructed lakes, or upon approval, parts thereof may be
constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas,
lakes and intermittent wet and dry areas shall be in the
same cenoral configuration and contain the same general
acreage as shown by Exhibit "A".
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2-2
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'
fi
the various Tracts as may be necessary or deemed desirable'
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for the service, function or convenience of the project's
inhabitants.
., .,
2.4. MAXIMUM PROJECT DENSITY
No more than a maximum 927 residential dwelling units, singla
and multi -family, shall be constructed in the total project
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area. The gross project area is 318.57 acres. The gross
project density, therefore, will be a maximum of 2.91 units
o 0.3.4
per acre.
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2.5. PROJECT PLAN APPROVAL ilii Uiit %t4rN'r.i
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Prior to the recording of the Record Plat, final plans of the
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required improvements shall receive the approval of all
I
appropriate Collier County governmental agencies to insure
4»
compliance with the Plan of Development, the County
!_
Subdivision Regulations and the platting laws of. the State of
o
Florida.
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$$
Exhibit "A" -PUD Master Development Plan, conntitutes the
a
required PUD Development Plan and the. Subdivision Master Plan.
Subsequent to its Approval, the Final Site Plans and Final
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Subdivision Plat shall be submitted for approval.
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SECTION III
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TRACT At LOW DENSITY .
SINGLE FAMILY RESIDENTIAL DEVELOPMENT
3.1• PURpoSF
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 D14EL LNG UNITS
A maximum number of 200.aingle family units may be constructed
in this tract.
3.3. USES PERMITTED
No building or structure,, or part thereof, shall be erected,
altered or used, or land uned, in whole or part, for other
than the following:
A. Principal User. -
(1) Single Family Residence
(2) On-nite newaye treatment pinnt/facilities (see
Section 3.; of this PUD document).
B. Accessory uses:
(1) Customary accessory uses and structures, including
private garages.
(2) Signs as permitted in Section 20 of Ordinance 76-30.
(3) Model homes shall be permitted in conjunction with
the promotion of the development. Such model homes
shall he converted to residences at the end of a two
(2) year period; unlens otherwise specifically
approved by the County.
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013 n235
3.4, REGULATI.ONS
3.4.1. GEtTEMS All yards, sat -backs, etc. shall be in
relation to the individual parcel boundaries.
3.4.2. MINIMUt1 LOT AREA: 10,000 Square feet.
3.4.3. MINTPUM LOT WIDTH:
A. 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
interconnecting.the two points where
side lot lines intersect street
rights-of-way.
R. Interim Lots - 85 feet average between front and
rear lot lines.
3.4.4. MINIMUM YARDS:
A. Front Yard - 30 feet
n. Side Yard - 7.5 feet
C. Hear Yard - 30 feet. In the case of residential
pooln which are screen enclosed or unenclosed, rear
yard setbacks may he reduced to 15 feet.
D. All yaE11" abutting a Htreet shall be front yards.
Four-sided corner Into :,hall have two front and two
side yards. Five -sig( -d corner iota Hhall have two
front, two side, and one rear yard, with the rear
yard being farthest from the abutting streets.
3.4.5. MINIMUM FLOOR ARTA:
A. One Story - 1,200.nquari: feet of living area
exclusive of patio and garage.
a. Two story - 1,600 square feet of living area
exclusive of patio and garage.
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3.4.6. OFF-STREET PARKING REQUIREMENTS
Two (T) spaces per Unit.
3.4.7. MAXIMUM HEIGHTS
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
A portion of Tract "A" may be used as the temporary location
of a sewage treatment plant and oxidation/ovaportation pond
until n municipal treatment and collection aystem is av•tilahlo
to serve the project. At such time as the treatment plant is
discontinued, all of Tract "A" shall be utilized for single
family development as provided for by thin Section.
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SECTION IV
TRACT Dt LOW DENSITY
MULTI -FAMILY RESIDENTIAL DEVELOPMENT
4.1. PURPOSE;
1'
The purpose of this Section is to indicate the davelopmant
plan land rugulationn for the areas designated on Exhibit
"A" as Tract B, Low Density Multi -Family Residential.
° Detailed architectural plans will be developed when appro-
priato and must be approved by the proper County agencies
as in conformance with the final Developmant Plan and the
PUD document prior to the i.nsuance of any construction permit.
4.2.- SITE PIAN REOUI REMENTS TRACTS
A. In the event an entire multi -family tract is sold by
any owner to :s no -coed party for subsequent development
by that second party, a master (or site) plan for the
entire tract must be submitted by the second party and
be approved by the appropriate Collier County annncies
prior to the issuance of building permits. Such master
(or site) plan shall Hltow thn proposed location of all
access roads, off-mtrect parking :seas, recreation
facilities, landscape plan, ether accessory uses and
multi -family residential structures and the distribution
of dwelling units among the proposed structures.
D. In the event a multi -family tract is sold by any owner
in fractional Darts to other parties: for stibsecluen!
development, the following procedure shall be adhered to:
(1) The owner who proposes to fractionalize any tract,
shall submit a master plan of property and dwelling
unit distribution covering the entire affected mlilti.-
family tract for review and approval by the appru
priats Collier County agencies. Such approval shall
be obtained prior to the sale of nny fractional pact
of the affected tract. The master plan of property
ar dwelling unit distribution shall include accers
road size, location, ownarahili and maintenance, and
the distribution of land and dwelling units. Such
distribution of land vs. dwelling units shall be as
nearly proportiona`.c as possible.
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.
(2) The developer of fractional part of a development
tract must submit at the time of application for
tiL a building permit, a detailed site plan for his
fractional part. Such site plan shall show the
proposed location of all access roads, off-street
parking areas, recreation facilities, lanscape plan,
other accessory uses and multi -family residential
structures and the distribution of dwelling units
among the proposed structures.
4.3. MAXIMUM DWELLING UNITS
A maximum number of 725 dwelling units may be constructed on
Tracts B i C.
4.4. USES PERMITTED
No buildtng or structure, or Dart th&rcof, shall be erected,
altered or used, or land used, in whole or in part, for other
than the followiny:
A. Principal Uses:
(1) Multi -Family Residences.
B. Accessory uses:
(1) Accessory uses and structures, including private
garages.
(2) Recreational tines and facilities such as swimming
pools, children's playgro►Ind nreas, etc. Such uses
shall be visually and funatlonally compatible with
the adjacent reuidencau which have the use of such
facilities. Such facilities shall not restrict the
visual and functional enjoyment of the non-txarticipating
residences.
(3) Signs as permitted at time of hermit application.
(4) Modal homes shall be permitted in conjunction with
C+ the promotion of the development. Such model homes
shall be convL: ted to residences at the end of n
two year period unless otherwise specifically approved
' by the County.
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013 PACOM
t 4.5. REGULATIONS
s'. 4.5.1. GENERAL: All criteria listed below shall be understood
to be in relation to the respective tract
boundary lines or between buildings.
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;• 4.5.2. MINIMUM YARDS: The multi -family "Tracts" included
-tCho project design are not intended to
facilitate traditional criteria for front,
side and rear yard Wetbacks. On the other
hand, the follow.ing criteria are herein
included so as to preserve the integrity
of the project:
A. Setbacks from Golf Course Tract Lines . none
B. Setbacks from non -golf course Tract lines - 30
feet or one-half (1/2) the building height whichever
is greater.
C. Distance between principal structured - 20 feet or
one-half (1/2) tho sum of the heights of the adjacent
structures whichevur in greater. In instances whe,-o
there shall be structures on opposite sides of thy:
same envelope (or multi -family tract), and these
structures are separated by it through acccsoway,
en.:h structure will be set back from the center of
the accossway a minimum of 20 feet plus one-half
(1/2) the height of the structure.
4.5.3. MINIMUM FLOOR AREA Each residential unit shall have a
minimum floor area of 800 square feet.
4.5.4. MAXIMUM HFICIIT:Four (4) floors of living area, with
W option of having one (1) floor of
parking beneath the living area.
C.;
4.6. OFF-STRI:I f PARKING REQUIRFMFNTS:
4.6.1. LOCATION: Parking spaces required for buildings
within an envelope or tract shall be located within
said tract and shall be located on the mama side of
the access drive as the building being served.
4.6.2. RE U114F.MCNTS: Two (t) parking spaces per residential
unit.
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5.1. PURPOSE
SECTION V
TRACT Ct LOW DENSITY RESIDENTIAL DEVELOPMENT
The purpose of this section is to indicate the development
plan land regulations for the areas designated on Exhibit "A"
as Tract "C", Low Density Residential.
5.2. MAXIMUM DWELLING UNITS
A maximum number of 725 dwelling units may be constructed on
Tracts 00" and "C".
5.3. USES PF.RMZT'r;.n
No building or structure nr part thereof, shall be -erected,
altered or used, or land used, in whole or part, for other
than the followinc;r
A. Principal Unes:
(1) Single family unite are permittee; an individual
structurex or an combinations or up to and including
six (6) single family attached units per structure.
Such unit typer. as single family attached, duplex,
patio, cluster attached, cluster detached, villa
attached, villa detached, or garden apartments, and
zero lot linea area permitted.
n. Accesnory Uses:
(1 ) Curtom.rry necencnry unen incl structure.^., including
private garages.
(2) Signs as permitted in Section 20 of County Ordinance
76-30.
(3) Model homes shall he permitted in conjunction with
the promotion of the developicent. Such model horses
shall he converted to residence•n at the end of a two
(2) year period; unless otherwise specifically
approved by the County.
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S.A. REGULATT.ONS
5.4.1. General: All yardo, set backs, etc. shall be in
relation to the individual parcel boundaries.
5.4.2. Minimum Lot Area: 10,000 cquaro feet for individual
structures. A minimum area of 2,600 square feet
per dwelling unit, for two or more attached atruc-
tures, nhall he provided in some combination of
individual lots and contiguous open apace, ex -
eluding private and public roads and golf courses.
5.4.3. Minimum Lot Width -
A. Minimum Individual lot (envelope) width for each
dwelling unit related to d otructuce contaiiiiny at
least two (2), but nut more than nix (6) dwelling
•anito shall not be less than (20) feet measured
between the side lot lines: at the required front
setback line.
n. Minimum average individual lot width for a single
detached unit ntructurr• nhall not be lens than its
feet measured r.rum the nide lot lines at the
required front sethack line for interior lots.
For corner loto a 100 foot average between front
yard and rear lot lines.
5.4.4. Mintinum Yards:
A. In the case of ningle family units as individual
structures minimum yards retbacks shall be the
same as those set forth in Section 3.4.4.
D. In the case of n combination of single family
units of up to and including nix (6) single family
attached units per structure, minimum yard
setbacks shall be the name as those set forth in
Section 4.5.2.''
5.4.5. Minimum Floor Areas
A. For single family units as individual structures;
1) One Story - 1,200 square feet of living area
exclusive of patio and garage.
2) Two Story - 1,600 square feet of living area
exclusive of patio and garage.
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B. For a combination of single family unitst one
story structures shall not contain loss than eight
hundred (000) square feet and two (2) story
structure nhall not contain less than.twelve
hundred (1200) square feet.
5.4.6. Off -Street Parking Roguirementss
Two (2) spaces per unit.
5.4.7. Maximum Height:
Thirty (30) feet above finished grade of lot or from
the minimum bane flood elevation required by the Mood
Elevation Ordinance whichever is higher.
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013 rw243
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SECTION VI
TRACT Dt FIRE STATION SITE
6.1. PURPOSE
The purpose of this Section is to provide standards for the
development of a fire station within the boundaries of the
proposed site.
6.2. GENERAL
The project sponsor proposes to donate 1.25+ acres, located
in the extreme northwestern portion of the project site,. to
the East Naples Fire Control District for the purposes of
their establishing a branch fire Station at such time as the
East Naples Fire Control nistrict specifiers a firm development
date and their plans are approved by the Project Sponsor. The
proposed fire station site is illustrated by Exhibit W.
6.3. USES PR1tMITTF.D
No building or structure, or part thereof, shall he erected,
altered or used in whole or in part, for other than the
following:
A. Principal Usea:
• (1) Fire Station
B. Accessory Usea:
(1) Uses customarily asnoclated with fire stations.
6.4. RRGULATIONS
5.4.1. MINIMUM YARDS:
A. Front Yard - 05 feat measured from the south
boundary of Radio Road right-of-way as existing on
January 1, 1975.
D. Side Yard - 25 Feet
C. Rear Yard - 25 Feet
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6.4.2. MAXIMUM ITEIGHTt
Thirty (30) feet above finished grade ot lot or from
the minimum base flood elevation required by the Flood
Elevation Ordinance whichever is higher.
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SECTION VII
TRACT Et COMMONS AREAS/GOLD COURSE
7.1. PURPOSE
The purpose of. this Section is to set forth the development
plan and regulations for the areas designnted as Tract E.
Commons Areas/Golf Course on the PUD Master Development Plan,
Exhibit "A".
7.2. DEVELOPMENT PLAN
A. The primary function and purpose of this Tract will be to
provide aeathetically pleasing open arias, golf course and
recreational facilities. Further, these areae shalt
provide for the flood relief and drainage of the total
project.
D. Except in areas to be used for water impoundment and
principal or accessory use areas, all natural trees and
other vegetation as practicable shall he protected and
preaerved. All landscaping and earthwork to he purfurroed
in the Common. Areas nhAll be of high quality anti in
keeping with the primary goals net for this development
and in accord with the Land:.cape Plan.
7.3. USES PF:RMITTrn
No building or utructure, or part thereof, shall he erected,
altered or used, or land used, In whole or in part, for other
than the following:
A. Principal Uses:
1. Golf Courses
2. Open spaces and outdoor recreation facilities.
3. Lakes and other functional facilities or uses to nerve
for the flood relief and drainage of project improver!
areas.
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4. Pedestrian and bicycle paths or other similar
facilities constructed for purposes of access to or
passage through the commons areas.
S. Small buildings, enclosures or other structures
constructed for purposes of maintenance, storage,•
recreation or shelter with appropriate screening and
landscaping.
C 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.
D. Acc_Fsory Uses:
1. Clubhouse, pro -shop, practice driving range and other
customary accessory uses of golf courses, or other
recreational facilities.
2. Small commercial establishments, including gift shops,
golf equipment snlea, restaurants, cocktail lounger,
and similnr unes, intended Lo exclusivoly serve
patrons of the golf course or other permitted
recreational facilities, subject to the provisions of.
Section 0.12 of Ordinance 76-30.
3. Signs as permitted in Section 20 of Ordinance 76-30.
4. A maximurn of two (2) residential units in conjunction
with the operation of the golf course as determined to
be compatible with the adjacent zoning by the Zoning
Director.
7.4. PLAN APPROVAL REQUIREMENTS
Plans for the golf courae'*and all other uses shall be
submitted to the Director who will review these plans and
approve their construction. All construction shall be in
accordance with the approved plans and specifications. The
perimeter boundaries of such plans shall be recorded in the
name manner as a subdivision plat.
7-2
013., 247
7.5. GENERAL REgUIREMENTS
1) Overall site design shall he harmonious in terms of
landscaping, enclosure of structurem, location of access
streets and barking areas and location and treatment of
buffer areas..
2) Buildings shall be set back a minimum of fifty (50) feet
abutting resideAtial dintrIeLs and the setback area shall
be appropriately landscaped and maintained to net as a
buffer zone.
3) Lighting facilities shall be arranged in a manner which
will protect roadwayn and neighboring properties from
direct glare or other interference.
4) A site plan nhall he provided showing pertinent structure
locations.
7.6. MAXIMUM III:IMIT
Thirty-five (35) feet within 150 feet of any Tract restrIetenl
to thirty (30) feet or lens in height, And forty-five (45)
feet elsewhere within the *tract as measured from the finished
grade of rite or from the minimimi bare flood elevation
regi:ired by the Flood Rlevdtion Ordinance whichever is
greater.
7.7. MINIMUM 01-P-ST1Wr,P PARKING
As rcyu i r'ed l,y %ai i ny t'rcTTnancc At time of perm i t
application.
7.8. SPECIAL US1S
7.8.1. Huffer Zone along Davin noulovard:
Vehicular access to rear of lulu acro -s the buffer
sone along Davis Houlevard is prohibited. Landr.care
buffer materialn nhnll he installcal by the Project
Sponsor an a part of the required improvements
construction.
7.8.2. Future Right-of-way Requirements:
A parcel of land parallel to n,rvin Doulevard and 65
feet in width shall be kept an A part of Tract "PI in
open space as a buffer sone. The southerly 40 feet of
this parcel shall remain unused, except for
landscaping, so that it may hecome a part of any
future fronto�,c road system constructed along Davis
Boulevard. Costs for construction shall he paid on
the basis establinlv!d by the appropriate governm•-ntal
agency at the time of construction of the frontage
road.
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7.6.2. - continued
A parcel of land parallel to Radio Road and 35 feet in
width shall remain as an unused part of Tract "E" so
that it may become a part of my future expansion of
Radio Road.
The additional right-of-way (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.
0
7-4
013 �aZ9
• r -
SECTION VIII
DEVELOPMENT STANDARDS
8.1. PURPOSE
The purpose of this Section is to set forth the standards for
the developmrnC of the project.
8.2. GENERAL
All facilitien shall be constructed in rtrict accordance with
the rinal 1)eveloprnent Plan and all applicable State and local
laws, codes, and regulations. Fxcopt where rpecifically noted
or stated oth(.-r.wisc, the standards and specifications of the
current official County Subdivision Rer)ulations shall apply to
this project.
8.3. PUD MASTER 1)F:VF.1.QPMENT PLAN
{ A. Exhibit "A", PUD Flanter F)evelopment Plan, illustrates the
proposed development.
D. The design criteria and rystom design illustrated on
Exhibit "A" and r,tatord herein shall he understood an
flexible no that the final design may bent rortinfy the
• t project, Lite neighbarhnn0 and the general local
environment. Minor site alternationn maybe permitted
subject to planning staff and adminintrative approval.
C. All neces ,ary ons ementr►, dedtMtionn, or other instruments
nhall be granted to innure the continued operation and
maintenance of all service utilities and all areas in the
project.
1). To protect the integrity of she rnult.i-family residential
neighborhood, access roads. to nulti-family development
tracts are intended to be private roads while all other
roads may be public roads.
8.4. PROJECT D9VEI,OP1%IF:N7• AND HFCRFATIONA1. rAC11,1TTFS
The proposed development is illustrated by Exhibit "A". The
proposed conntruction shall comply with the ntandarda not
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-de-sacs at street ends, screens, signn, landscaping,
erosion control and other similar -in -function racilities nhall
be taken to accomplish the above set forth objectives.
8-1
By the time that building permits for 100 residential units
are issued, the Project Sponsor agrees to have constructed one
(1) basketball court, two (2) tennis courts,'parking acea.and
a fenced pre-school play area in the location shown on the PUD
Master Development Plan. (A total of 4.6 acres within the
boundaries of Foxfire will be set for neighborhood parks).
Any additional recreational facilities, as may be needed by
the future residents of thin project, shall be funded through
a system of revenues collected by the Foxfire. Ilomeownee's
Association. The Homeowner's Association ny-Law shall include
a provision tht the creation or s capital improvement fund is
mandatory, and every property owner in the development shall
become a member of. the Homeowner's Association.
B.S. CLEARING, GRADIN:, EARTHWORK, AND SIT11 DRAINAGE
All clearing, grading, earthwork and i;ite drainagn work shall
be performed in accordance with 311 applicable State and local
codes.
The cypress head in the west central portion of the project
and the large clumps of palmettos in the unexcavated common
arena will be Protected during construction with the foncing
and posting. The haul roads will fie identified, anc1 the
contractor will adhere to these roads, which will be
stabilized if sand traps occur.
8.6. STREET CONSTRUCTION
All public strcret design And construction shall meet the
Collier County ntandarcln that nre in effect at the time of
approval.
8.7. EASEMENTS FOR UNnRRGROUNU UTILITIES
Easements for underground Utilitic•u ouch as power, telephone,
TV calbe, wastewater collection and transport, water
distribution .lines and other similar utilitin,; necessary Eur
the service of the project shall he located as required and
granted for those purposes. ClearinU of the easements for
installation of underground utilities eh. -ill be selective so as
to protect the maximum number of trees and natural
vegetation.
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8.8. WASTRWATER'COLLECTION, TRANSPORT AND DISPOSAL
All project areas shall be served by a central wastewater
collection system. until such time that the cite is served by
Collier County Water -Sewer District, A temporary on-site
system, of approved location, shall nerve to provide waste-
water treatment and disposal for the project and shall comply
with the Assignment, Assumption and Concent Agreement dated
March 17, 1981, and the exhibit attached thereto as indicated
in Exhibit A of thin document.
All applicable water and sewer connection charges must be paid
to the County Crater -Sewer District prior to the issuance of
any building permits.
8.9. WATER SUPPLY
A central weer supply system shall be made available to all
areas of.•C.h.'project. The water supply source for the project
shalt be the City of 11aples system or other area wide systems
made nvai.lnble to the project site via Collier County
Water-SeKerDisttict.
A letter shall afro be obtained from the water agency
committing delivery of water service prior to issuance of
building'permits for construction of dwelling unite.
Individual wells shall not he permitted for potable water
supplies for residential areas. Except tht on-site central
water treatment facility may bo approved by the Hoard of
County Commiasionvrs.
8.10. ROI.In WASTE DISPOSAL
Arrangementn and agreements shall be made with the approved
solid waste disposal service to provide for solid waste
collection service to all areas of the project.
8.11. OTHER UTILITIES
Telephone, power, and Tv cable service shall be made available
to all residential areas. All such utility lines shall be
installed underground.
Any above ground antennas which will be external to a building
shall require the approval of the Homeowner's Association.
8.12. TRAFFIC SIGNAL
The development agrees to pay his proportionate share of the
costs of a traffic signal system at the intersection of Davis
8-7
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Boulevard and the entrance to Foxfiro and at the intersection
of Radio Road and tho entrance to Foxfiro at the time such
system is constructed. At the time of beginning of land
development, additional pavement will be constructed along
Davis Boulevard and along Radio Road at the entrance to
Foxfire to provide left turn 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.
8.13. ARCIIITECT[1RhL REVIEW
X11 buildinqu cunatructed within Foxfire must comply with the
architectural review standards which shell be specified by the
recorded covenants and deed restrictions that go with the
properties.
8.14. ACCESSORY STRUCTURRS
Aceesnor.y utRM ur&-imust be constructed oinultnneously with
or foll•.)wing th^ conntrttction of the principal structure and
shall conte,rm with the following netbacks and building
ceparationn.
Structure to
Accessory Front Rear Side Structure
structures.r- Single Family +13r- -6r TUr i10,
Area (Only)
8.15. SIGNS
ATT rignn nball be in accordance with the appropriate Collier
County Ordinances:.
8.16. LANUSCAPIHr roR orr-F:TIIFET PAIIKINC P.UAS
A1. ancup Lur ofT=stroet porkCrnj areas shall be in
accordance with the appropriate e7ollier County Ordinances.
8.17. PARKING,, STORAGFt OR USF OF MAJOR ItBCRFATIONAL FOUIPWINT
Iia or recreat nol e(1uTpment r-herTy`del nneed as ne using
boats and boat trailers, travel trailers, pickup campers or
coaches (designed to be mounted on motorized vehicles),
motorized dwellings or moi?or homes, tent trailers, popout
campers, houseboats, and Ehe 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 livinq, sleeping, or hour.ekerping purposes when
parked or stored on a residentially zoned lot or in any
location not approved for ouch use. Major recreational
equipment may be parked or otorod only in a completely
screened area and cannot be been from the exterior of the lot
or the adjacent multi -family otructureal provided, however,
that ouch equipment say be parkt-d anywhere on residential
promises for a period not to exceed twenty -tour (24) hours
during loading and unloading.
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8.18. PARKING _OP COMMRRCIAL_VEHICLFS IN RESIDENTIAL AREAS
A. It shall be unlawful to park a commercial vehicle on any
lot in a residential zoned district unless one of the
following conditions exists
1) The vehicle is engaged in a construction service
operation on the site where it to parked. The vehicle
must be removed no noon 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.
3) Automobiles, vans, pick-up trucks having a rat.o.1 load
capacity of less than one ton, shall be exempt,kil from
this Section.
8.19. GENFRAL LANDSCAPE nEVF.LOPMENT CONCEPT
A. OBJECTIVE
To provide an ner.thetic environmental for future resid-nts
of this development and the community as a whole, with
minimum di.ruiNtion of existing vegetation patternu by:
1) Fatablin)iment of guidelines for maximum utilization of
existing natural fvatur A .
2) Re-establinliment of ace,.litable vegetation on lands
previously used for tu•riculture purposes which now lay
fallow.
3) Maintain cypress head In a natural condition.
D. PLANT COMMUNITY ANAf..YSrs
Eight -two (821) percent of the total land is typical flat,
pine woodland with thiF following existing vegetation:
Slash pine (Pinus elliotti), majority of trees found on
the site; haldcypress (taxodium diatichum) scattered;
saw palmetto (Serenna repens), often growing in large
defined maunes; Dahoon holly (flex cassine) scattered;
cocoplum (Chrysohalantig icaco) scattered; wax myrtle
(Myrica cerifera) s. -altered; cabbage palm (Sabal
palmetto) scattered.
8-S
WK 013 ma 9u
Twelve percent of the total land is formerly agriculture
land which has scattered clumpn of Florida holly (Schinus
terebinthifolius), and sedge (Cyperus) and grass
(Andropogen). The Florida holly should be destroyed.
Six percent of the total land is comprised of a viable
cypress head which is made up of vegetation indigenous to
this soil condition.
C. NATIVE VEGETATIVE BUFP9R AREAS
FUNCTION: Provide visual and noire buffer between building
s tca, roadwayr, and adjoining proportion.
TREATMRNT: Vegetation to remain in an unmolested atto. All
ve c eiess and construction equipment to be prohibite-.1 from
this area durinti and followiny construction with the
exception of maintenance equipment. Specific maintenance
program will he established to maintain a healthy natural
state.
D. CYrRRSS IWAD AREA
FUNCTION: Prener.vatinn of an attractive natural rernurcc
community. Retention of water during the rainy season, and
a ground water rechoego area as well as a water quality
improvement facility. Provide a unique recreation and
aesthetic experience for the plearure of project
residents.
TREATMENT: Preservation and protection of Flora and fauna,
i tgtlir 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, .^,chinos torebinthifolius 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 streRn.
Final design and location of the fairway to he approved by
County Environmental Consultant.
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E. PRESERVATION AREAS.
FUNCTION: In areas which have vegetative types which we
Te -e -are valuable or unique to the environment of this
development. Some areas are composed of specimen trees and
others are a solid mass of saw palmetto.
TREATMENT: Vegetation to remain in an unmolested state,
exceptdevelopment of pedestrian/cycle paths and .
approved satellite recreation fncility areas. Vehicles and
construction equipment to be prohibited with the exception
of maintenance equipment. These areao will he better
defin,vd 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 VEGET-NIVION SUFFER ALONG nAVI.^+ BOULEVARD
FUNCTION: Provide noise and visual buffer from traffic and
adjacent properties.
TREAT14ENT: Due to the small number of trees in this area
an eartlimound will be constructed in such a manner as not
to destroy exintiny tree, of valt:e. Establishment of
ground cover and tr.een will take glace on completion of
construction.
G. IIUILUING 1iITE'
FUNCTION: Location for structures.
TREATMENT: Retain innximum 0mOU:1L of vegetation with the
except. ori of nma.11 areas for stockpilijig fill.
N. STREET PLANTING
FUNCTION: Establishment of a pleasant environment by the
use of ttreen and vegetation that require a minimum amount
of maintenance..
TRhATMENT_: Street trees will he 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.
6-7
W W W156
I. LAKE AREAS
FUNCTIONs Provide water storage, recreation and
nes�etically pleasing duality for the community.
TREATMENT: On completion of construction, lake banks will
eereveyetated with durable grasses to control erosion.
0. SIDEWALK/BIKEWAY: Sidewalks and bikeways shall be provided
and con ctructn_d according to local County code and
ordinances.
K. GENERAL POtacres
FUNCTION: Provide an aesthetically pleasing as well as
functional environment in general.
TREATMENT: Four classification fall into this category.
1. Farm land arias: Areas that have been previously
farmed that are planned for general open space As well
as certain parts of the Common Areas, to he retorented
on basis of managem.-nt program developed in conjunction
with Forestry Department. Re-establishment of ground
covor 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 clfearing and protection or
valuable vegetation rhall hfr applied.
3. Disturbed areas: Upon completion of construction, all
disturbed soils located within the Commons/Golf Course
Area shall be revegetated with durable grasses to
oliminate water and wind erosion.
4. Obnoxious exotics shall be destroyed in accordance with
the applicable County Ordinances.
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DIE
DAVID50N
[NGINEFRING
PUD ORDINANCE 84-49
FOXFIRE PDI - PL20160003062
August 31, 2017
www.davidsonengineering.com
•
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WHEREAS, 11.8. Home Corporation petitioned the Board of
County Commissioners of Collier County, Florida, to amend the
Foxfire Planned Unit Development Ordinance, Collier County
Ordinance No. 81-681
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA thatt
SECTION ONEt
Ordinance No. 61-66, P.U.D. Document Section 1.3 shall be
amended to read as follower
Section 1.3. PROPERTY OWNERSHIP
The subject property is currently under the ownerghip of
U.S. Home Corporation, 4544-Beachweed--Iie1tG -BL4g-Ner-41apies,
Fieride-93943, 6314 Whiskey Creek Drive, Suite D, Fort Myers
Florida 33907.
SECTION TWOt
Ordinance No. 81-68, P.U.D. Document Section 2.A.A s* l bs
amended to read as follows:' '��
Section 2.3. PROJECT PLAN AND LAND USE TRACTS
A. The project plot plan, including layout of atreets�v-_' d
and land use of the various tracts, is ill'iistrat
graphically by.Exhibit "A", PUD Master Devii.opmx
Plan. There shall be Four (4) land use tract'l,
plus necessary street rights-of-way, the general
configuration of which is also illustrated by
Exhibit "A".
1. Tract At Low density single-family
residential f3}8Br6-Agree
M81.3 Acres
Mords'underlined are added) Words struek-ihreugh are deleted]
ORDINANCE NO. 84-49
"
AN ORDINANCE AMENDING ORDINANCE NO. 81-66 WHICH
ESTABLISHED THE FOXFIRS PLANNED UNIT DEVELOP-
HENTj AMENDING THE EXISTING FOXFIRE P.U.D. BY
AMENDING SECTION 1.3, PROPERTY OWNERSHIP1
ING SUBSECTION A, SECTION 2.3 PROJECT
AND LAND USE TRACTS# AMENDING SUBSECTION
. MINIMUM YARDS, SUBSECTION C.1 AMEND-
UBSECTION 3.4.6. OFF-STREET PARKING
dl�
w r
REMENTS/ AMENDING SECTION 4.6 OFF-SITE
.rs
NG REQUIREMENTS, AMENDING SECTION 5.4.
TIONS BY Nd'NDING SUBSECTIONS 5.4.1.,
W —
AND 5.4.3 AND BY DELETING SUBSECTIONS
and 5.4.51 AMENDING SECTION 6.2 GENERAL]
We
ING SECTION 7.5. GENERAL REQUIREMENTS,
SUBSxCTION 7.5(2)I'AMENDING THE P.U.D. MASTER
DEVELOPMENT PLAN TO REFLECT THE RE',OCATION OF
TRACT DI PROVIDING AN EFFECTIVE DACE.
WHEREAS, 11.8. Home Corporation petitioned the Board of
County Commissioners of Collier County, Florida, to amend the
Foxfire Planned Unit Development Ordinance, Collier County
Ordinance No. 81-681
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA thatt
SECTION ONEt
Ordinance No. 61-66, P.U.D. Document Section 1.3 shall be
amended to read as follower
Section 1.3. PROPERTY OWNERSHIP
The subject property is currently under the ownerghip of
U.S. Home Corporation, 4544-Beachweed--Iie1tG -BL4g-Ner-41apies,
Fieride-93943, 6314 Whiskey Creek Drive, Suite D, Fort Myers
Florida 33907.
SECTION TWOt
Ordinance No. 81-68, P.U.D. Document Section 2.A.A s* l bs
amended to read as follows:' '��
Section 2.3. PROJECT PLAN AND LAND USE TRACTS
A. The project plot plan, including layout of atreets�v-_' d
and land use of the various tracts, is ill'iistrat
graphically by.Exhibit "A", PUD Master Devii.opmx
Plan. There shall be Four (4) land use tract'l,
plus necessary street rights-of-way, the general
configuration of which is also illustrated by
Exhibit "A".
1. Tract At Low density single-family
residential f3}8Br6-Agree
M81.3 Acres
Mords'underlined are added) Words struek-ihreugh are deleted]
SECTION FOUR:
Ordinance No. 81-68, P.U.D. Document Section 3:4.
REGULATIONS, Subsection 3.4.6, shell be emended as follows:
3.4.6. OFF-STREET PARKING REQUIREMENTS
Pwe-42}-epeeee-per-Vnit
As required by Collier County Regulations in
effect at the time permits are sought.
SECTION FIVES
Ordinance No. 81-68, P.U.D. Document Section 4.6. OFF-STREET
PARKING REQUIREMENTS shall be amended to read as followst
4r6r-6PP-BPR884-PAR1idN8-RBQEiPRBAiSIilB:
4r6rir--86BA4iANt--Perking-epees:-required-for
buitdlrags-within-an-envatepe-or-tree!-shet6
be-6eeated-within-said-treat-and-shaS6-be
keested-en-the-same-side-of-the-seeese-drive-as
the-buiidin bein
g- q-eerredr
�'':�• 4rirBr--Rs@YiRiMSNl6*--lwe-4B}-pnrkdnq-spness-par-ras4-
% dentisi-unitr
rz.:.
!fords underlined are addedf Words struels-through are deletedi
2. Tract
St Low density multi-
family residential (1)68.8 Acres
3. Tract
Ce Low density
resi-dential
M 9.7 Acres
.,
4.• Tract
Dt Fire Station Site (t1 1.3 Acres
5. Tract
Es Commons Areas/Golf
i7,
Course 4s}i66TQ-Aeres
i�-
(3)157.5 Acres
fy! ;
1.'
TOTAL (0318.6 Acres
J'
SECTION THREE:
Ordinance No.
81-68, P.U.D. Document Suction 3.4.
REGULATIONS, Subsection 3.4.4(C), shall be amended as follows:
3.4.4 MINIMUM YARDS:
A.
Front Yard - 30 feet.
B.
Side Yard - 7.5 feet
C.
Rear Yard - 30 feet. In the case of
residential pools which are screen enclosed
or unenclosed, rear yard setbacks may be
reduced to 4S 10 feet.
D.
All yards abutting a street shell be front
yards. Four-sided corner lots shall have two
front and two side yards. Five-sided corner
lots shell have two front, two side, and one
rear yard, with the rear yard being farthest
from the abutting streets.
SECTION FOUR:
Ordinance No. 81-68, P.U.D. Document Section 3:4.
REGULATIONS, Subsection 3.4.6, shell be emended as follows:
3.4.6. OFF-STREET PARKING REQUIREMENTS
Pwe-42}-epeeee-per-Vnit
As required by Collier County Regulations in
effect at the time permits are sought.
SECTION FIVES
Ordinance No. 81-68, P.U.D. Document Section 4.6. OFF-STREET
PARKING REQUIREMENTS shall be amended to read as followst
4r6r-6PP-BPR884-PAR1idN8-RBQEiPRBAiSIilB:
4r6rir--86BA4iANt--Perking-epees:-required-for
buitdlrags-within-an-envatepe-or-tree!-shet6
be-6eeated-within-said-treat-and-shaS6-be
keested-en-the-same-side-of-the-seeese-drive-as
the-buiidin bein
g- q-eerredr
�'':�• 4rirBr--Rs@YiRiMSNl6*--lwe-4B}-pnrkdnq-spness-par-ras4-
% dentisi-unitr
rz.:.
!fords underlined are addedf Words struels-through are deletedi
4.6 OFF-SITE PARKING REQUIREMENTSs
As required by Collier County Regulations in effect at
the time permits are sought.
SECTION SIX
Ordnance No. 81-68, P.U.D. Document Section 5.4.
REGULATIONS, Subsections 5.4.1, 5.4.2, 5.4.3, 5.4.4, and 5.4.5
shall be amended to read as followst
6T4--REMATION8
ST4TlT--Benerai?--All-yerdaT-set-baekey-eteT-shall-be
4n-reletion-te-the-4rdfvkdual-pareel-been-
der4eeT
5T4*@r--M4n4mam-bet-Aranr--l@i8@@-eganre-feat-fer-4nd4-
�tdael-etrnetaresT--A-mtn3mnm-arae-of-@?6@@
egaere-feet-per-dwelling-gait?-fer-two-er-mere
attached-strnetnres*-shall-be-previded-in-some
eembination-of-individual-lets-and-eantigeens
Open-epaee7-exelndfng-private-and-pnbl4e-reads
end-golf-ee0r9e6T
5T4T8T--Hin4mam-bet-WkdthT
AT-H4nfmam-individual-let-4envelepe}-width-for
dwelling- unit!-xe}afied-te--e-etrnetnre- con
tnfnfng-nt itee�-tko--68}-bat-net-lucre--hhen
six -46} -dwelling -units -shalt -net -be -less -then
480} -feet -measured -between -the -side -let -lines
at-the-required-(rent-setbaek-liner
HT-Minimum-average-4ndkv*dual-let-width-for-a
single -detached -unit -structure -shall -net -be
lese-than-96-feat-measured-from-the-side
let -lines -at -the -required -(rent -setback
line-for-4nterier-lets*--Per-earner-fete-a
l@ A--foot-nTeragn--bet+►ecs�--f rent-yar��--and
rear -lot -linear
5T4T4T--Hinkmam-Yards*
AT-fn-the-ease-ef-single-family-units-ns-4ndl-
•ideal-@trnetnree-minimum-yards-setbacks
shall-be-the-same-ae-these-set-forth-in
Section-3T4T4T
HT-fn-the-ease-of-a-eembinatien-of-single
family-gaits-ef-np-te-end-ineladfag-six-46}
single-family-attached-unite-per-straetarO7
mkn4mam-yard-setbacks-shall-be-the-same-as
these-set-forth-fn-Section-4TSrgT
6T4T6T--Min1mnm-F1eer-Areal
AT-Per-single-family-units-es-indfv4dnal
structures?
l}--Ane-6tery---lT@@@-sgaara-feet-ef-firing
Wren-exelnef�e-ef-patfe-and-garage*
@}--Pwe-6tery---}?6A@-sqa@re-feet-ef-li�4ng
Brea-txtiasi�*a--oi-pntde-as�d•-qa roger
Words underlined are addedi porde @track -through are deleted]
3
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018p".407 07
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5.4. REGULATIONS
5.4.1. Design Approval
5.4.2. Off -Street Parking Requirements
As re uired b Collier CountX Regulations in effect
at tne time permits are ■oug
5.4.3. Maximum Height
Thirty (30) feet ---above finished cLred e of lot or from
the minimum baso�I oationd elevre u re the'
Flood evat on ordinance whichever s higher.
SECTION SEVEN:
Ordinance No. 81-68, P.U.D. Document Section 6.2. GENERAL
shall be amended to read as follows:
6.2. GENERAL
The project sponsor proposes to donate 1.251 acres, located
in the extreme northwestern northeastern portion of the
project site, to the East NaplesFire Control District for
the purposes of their establishing a branch fire station at
such time as the East Naples Fire Control District specifies
a firm development date and their plans are approved by the
Project Sponsor. The proposed fire station site is illus -
by Exhibit "A".
SECTION EIGHT:
Ordinance No. 01-68, P.U.D. Document Section 7.5. GENERAL
REQUIREMENTS, Subsection 7.5(2), shall be amended to read as
follows:
7.5. GENERAL REQUIREMENTS
1) Overall site design shall be harmonious in terms
of landscaping, enclosure of structures, location
of access streets and parking areas and location
and treatment of buffer areas.
f}---Buildings-shall-be-sat-beck-a-minimum-ef-fifty
45A} -feet &" -the
letback-area-shaii-be-apprepriateir-iandscaped-end
meintsined-to-act-sl-e-buffer-saner
2 Buildin ■ shall be set back a minimum of lift
e! a u na res
dential ■ r e s an an
?!'.. �propr a ! y Landscaped an main ane Su'-
G'
shalI be 12rovidid,
f:
Words undo_ rained are addedt Words struck -through are deletedt
oo [► 4
Pi�i�UB
L�
3r Lighting facilities rhall be arranged in a manner
which will protect roadways and neighboring
properties from direct glare or other inter-
ference.
4) ' A site plan ■hall be provided showing pertinent
structure locations.
SECTION NINEt
The Foxfire P.U.D. Master Development Plan is hereby amended
as shown on the Attached Exhibit A, attached hereto and incor-
porated herein, said Exhibit. showing the relocation of Tract D.
the proposed site of the East Naples Fire Control District Branch
Fire Station, from the extreme northwestern portion of the pro-
ject site to the extreme northeastern portion of the project
site.
SECTION TENt
This Ordinance shall become effective upon notice that it
has been filed with the Office of the Secretary of State.
'JAliil
+,';�A�EDt• hot 7 , 1984.
,r,'; 5'.ATTESTt •.e BOARD OF COUNTY COMMISSIONERS
WILLIAM , Clerk CO
By.
IER COUNTY, FLORIDA
aarman
Approved as to form and
legal sufficiencyt
Thk onanot— 9 f with th-
��� C4 4d•_ S�e►Mary of sratr's- (alke �t .
Assistant
-
euy er doy of &4A* , _Zf".
antCounty Attorney =end ocknow!edpmment of that
flll rwolwd this lJdrday
Of
By
DWJIr a.k
Words underlined are addedr fiords struck -through are deleted;
y'
3f
eooa 018 Fact ,9 s
WINCAT[/ LOCATION 0/
AiOlwa1.N/GIRL PAT"
look 370
STATE OF FLORIDA )
CoVar OF COLLIER )
to WILLIAM J. REAOAP@ Clerk of Courts in and for the
Twentieth Judicial Circuit', Collier County, Florida, do
hereby certify that the foregoing is a true original ofs
ORDIXM= NO. 8/-49
Which was adopted by the Hoard of County Commissioners during
Regular Session the 7th day of August, 1984.•
WITNUS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 7th
day of August, 1984.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex -Officio to Board of •` ; : ;; �y p.
County Commissioners vr• V
J •,•,i. +
By
rg a KagrA
Deputy Clerk ✓
DIE
DAVIDSON
fNGINEE SING
PUD ORDINANCE 93-31
FOXFIRE PDI - PL20160003062
August 31, 2017
www.davidsonengineering.com
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RE61YfAt
o,o ORDINANCE 93- 31
.)AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS KAP(S) NUMBERED 05015, 0606N AND
06065 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM "RMF -6" AND "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
"FOXFIRE", FOR PROPERTY LOCATED BETWEEN
RADIO ROAD (CR -856) AND DAVIS BOULEVARD
(CR -83) APPROXIMATELY ONE MILE EAST OF
AIRPORT -PULLING ROAD (CR-31),IN
SECTION 1, RANGE 25 EAST AND SECTION 6,
RANGE 26 EAST, BOTH IN TOWNSHIP 50
SOUTH, COLLIER COUNTY, FLORIDA,
CONSISTING OF 385 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 81-68, AS
AMENDED, THE FORMER "FOXFIRE" PUD; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Timothy L. Hancock of Wilson, Miller, Barton,
Soll i Peek, Inc., representing the Foxfire Community
Associations of Collier County, Inc., petitioned the Board of
County Commissioners to change the zoning classification of
the herein described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
SECTION ONES
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
Maps) Numbered 05015, 0606H and 06065, as described in
Ordinance Number 91-102, the Collier County Land Development
Code, are hereby amended accordingly.
606K 061 PALE - 88
-1-
c'
M
M
sRCTION TWO,
Ordinance Number 81-68, as amended, known as the
"Foxfire" PUD, adopted on November 10, 1981, by the Board of
County Commissioners of Collier County is hereby repealed in
its entirety.
,SECTION THREE:
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
Commissioners of Collier County, Florida, this day of
1993.
ATTEST:'-' 7,. BOARD OF COUNTY COMMISSIONERS
ItWIGHT ] ''AjgK, CLERK COLLIER COUNTY, FLORIDA
•- BY s �`A
�jT-SUFF
FORM ANDBURT L.SAUNDERS, CHAIRMAN
�ICIENCY
This ordinance filed with the
r r. Secretory of ;Pte's Office the
`T%}ir. �.0 .'M At -day ofd X113
MARJ E M. • STUDENT and acknow.edgemtnt9f that
ASSISTANT COUNTY ATTORNEY film recclved this day
r -
BOOK C61 PACI 89
-2-
0
FOXFIRE
A
PLANNED UNIT DEVELOPMENT
BY
U.S. HOME CORPORATION
6314 WHISKEY CREEK DRIVE
SUITE D
FORT MYERS, FLORIDA 33907
PREPARED FOR
FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC.
1030 Kings Way
Naples, Florida 33942
DATE REVIEWED BY CCPC May 20. 1993
DATE APPROVED BY BCC JUne 8. 1993
ORIGINAL ORDINANCE_ #81-68
ORDINANCE NUMBER_ 93-31
BOOK 061 RGE 90
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 ir, 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 Uc3 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.
a. 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 Foxf ire Planned
Unit Development Ordinance.
i
BOOK 061 PAGE 91
10
600K 061 PAGE 92
ii
INDEX
PAGE
SECTION I - PROPERTY OWNERSHIP & DESCRIPTION
1
thru 2
SECTION II -
PROJECT DEVELOPMENT
2
thru 2
SECTION III
- TRACT A: LOW DENSITY SINGLE FAMILY
3
thru 3
RESIDENTIAL DEVELOPMENT
SECTION IV -
TRACTS B: LOW DENSITY
4
thru 2
MULTI -FAMILY
RESIDENTIAL DEVELOPMENT
SECTION V -
TRACT C: LOW DENSITY
5
thru 2
RESIDENTIAL DEVELOPMENT
SECTION VI -
TRACT D: MASTER WASTE WATER PUMP STATION
6
thru 4
SECTION VII
- TRACT E & F: COMMONS AREA/GOLF COURSE
7
thru 4
SECTION VIII
- DEVELOPMENT STANDARDS
8
thru 9
EXHIBIT "A":
PUD MASTER DEVELOPMENT PLAN
EXHIBIT "B":
,EXHIBIT
LOCATION MAP
"C":
LOTS SUBJECT TO SECTION13.5 OF THIS DOCUMENT;
SPECIAL USE
EXHIBIT "D":
PROPOSED GOLF CART CROSSING
600K 061 PAGE 92
ii
SECTION 1
i PROPERTY OWNERSHIP AND DESCRIPTION
l.l. PURPOSE
The purpose of this Section is to set forth the location
and ownership of the property, and to describe the existing
conditions of the property proposed to be developed under the
project name of FOXFIRE.
" Z4104•�
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.
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. I
�1�! is � yi •� • ':•'..: y! :.� _
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
BOOK 061 PA -E 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 10.0 feet
above mean sea level. Most of the area, however, falls within the
7.5 to 9.0 feet of elevation category. Further, the depth to
bedrock in the area varies from some four (4) feet to more than
twelve (12) feet. This information is based on a January 1974
field survey.
The soil types on the site include Arzell fine sand (approximately
50 percent), Immokalee fine sand (approximately 45 percent), and
Sunniland fine sand (approximately 5 percent). Soil
characteristics were derived from the Soil Survey of Collier
County, Florida, issues by the U.S. Department of Agriculture in
March 1954.
BOOK UUI PAU 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 MCTS
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
B:
Low density
multi -family
residential
(±)
68.8 Acres
3.
Tract
C:
Low density
residential
(±)
9.7 Acres
4.
Tract
D:
Master Waste Water Pump Station
(t)
1.3 Acres
S.
Tract
E:
Commons Areas/Golf Course
& Tract F:
(±)
223.7 Acres
TOTAL
(±)
384.2 Acres
600K 061 PKK 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. PRn_'rECT PLAN APPROVAL_ REQUIREMENTS
Prior to the recording of the Record Plat, final plans of
the 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.
600K Vsl
PACE 96
2-2
I
SECTION III
TRACT A: LOW DENSITY
SINGLE FAMILY RESIDENTIAL DEVELOPMENT
3.1.
The purpose of this Section is to indicate the development
plan and regulations for the area designated on Exhibit "A"
as tract A, Low Density Single Family Residential.
3.2. MAXIMUM DWELLING UNITS
A maximun number of 231 single family .units may be
constructed in this tract.
3.3. USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or land used, in whole or part, for other than the
following:
A. Principal Uses:
(1) Single Family residence
(2) Park or open space, as provided for in Section
3.5 of this document.
B. Accessory Uses:
(1) Customary accessory uses and structures, including
private garages.
(2) Signs as permitted in Division 2.5 of the Land
Development Code.
3.4. REGULATIONS
3.4.1. ORAL: 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
BOOK 061 PAGE 97
3-1
3.4.3. MINIMUM LOT 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-11
Interior Lots - BS 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
s h a l l b e a l 1 n e
interconnecting the two points
where side lot lines intersect
street right-of-ways.
D. Tract A-2
Interior Lots - 55 feet average between front
and rear lot lines.
3.4.4. MINIMUM Y DS:
I
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-sided corner lots shall have two
front and two side yards. Five -sided corner
lots shall have two front, two side, and one
rear yard, with the rear yard being farthest
from the abutting streets.
b00K 06 j Py 98
i
3.4.5. (INIMUM FLOOR AREA:
A. Onejstory - 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. OFF-STREET PARKING REQUIREMENTS
As required by Collier County Regulations in
effect at the time permits are sought.
i
3.4.7. 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.
3.5. SPECIAL USE
Tract "A" Lot 18 Of Block "G", and Lot 60, of Block "F-, of
unit #3 (Exhibit "C") shall be utilized for park, or open
space only.
0
600K C61 PAGE 99
3-3
a
SECTION Iv
TRACT B: LOW DENSITY
MULTI -FAMILY RESIDENTIAL DEVELOPMENT
4.1. PURPOSE
The purpose of this Section is to indicate the development
plan land regulations for the areas designated on Exhibit
"A" as Tract B, Low Density Multi -Family Residential.
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.
4.2. MAXIMUM DWELLING UNITS
A maximum number of 704 dwelling units may be constructed on
Tracts B and C.
4.3. MRS 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.
n�+
4-1
600K C61 PAGE 100
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 o None
B. Setbacks from non -golf course Tract lines e
30 feet or one-half (1/2) the building height
whichever is greater.
C. Distance between principal structures - 20
feet or one-half (1/2) the sum of the heights
of the adjacent structures whichever is
greater. In instances where there shall be
structures on opposite sides of the same
envelope (or multi -family tract), and these
structures are separated by a through
accessway, each structure will be set back
from the center of the accessway a minimum of
20 feet plus one-half (1/2) the height of the
structure.
4.4.3. MINIMUM FLOOR AREA Each residential unit shall
have a minimum floor area of
800 square feet.
4.4.4. MAXIMUM HEIGHT Four (4) floors of living area,
with option of having one (1) floor
of parking beneath the living area.
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 DONSITX RESIDENTIAL DEVELOPMENT
5.1. PURPOSE
The purpose of this section is to indicate the development
plan land regulations for the areas designated on Exhibit
"A" as Tract "C", Low Density Residential.
5.2. MAXIMUM DWELLING UNITS
A -maximum number of 704 dwelling units may be constructed on
Tracts B and C.
5.3. USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or used, or land used, in whole or in part, for
other than the following:
A. Principal Uses:
(1) Single family units are permitted as individual
structures or as combinations of up to and
including six (6) single family attached units per
structure. Such unit' types as single family
attached, duplex, patio, 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.
SOCK 061 PAGE -102-
5-1
02
5-1
BOOK 061 PAGE 1UJ
5-2
`'- S.4. REGULATIONS
i
.4:1.
Desian Aooroval
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 site plan indicating general
building envelopes, lot or parcel configuration,
parking and landscaping areas, and minimum
setbacks shall be submitted for staff review and
approval.
5.4.2. Off
-Street Parking Reg irements
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 1UJ
5-2
SECTION VI
TRACT D:
MASTER WASTEWATER PUMP STATION AND EFFLUENT
STORAGE TANK SITE
6.1. PURPOSE
The purpose of this Section is to provide standards for the
development of a wastewater pump station and effluent storage
tank site within the boundaries of the proposed site.
6.2. GENERAL
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.
600K 061 PAGE 104
6-1
i
6.4. REGULATIONS
6.4.1. MINIMUM YARDS: i
A. Front Yard -75 feet measured from the
south boundary of Radio Road right-of-way as
existing on January 1, 1985
H. 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 PGC 105
The goal of site landscaping shall be the re-creation of
native vegetation and habitat characteristics lost on the
site 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 course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Collier County Environmental
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 thle 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
60oK 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.
J
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 C61 PAGE 107
6-4
Fl.
0
SECTION VII
i
TRACT E & TRACT F: COMMONS AREA/GOLF COURSE
7.1. PURPOSE
The purpose of this Section is to set forth the development
plan and regulations for the areas designated as Tract E,
Commons Areas/Golf Course on the PUD Master Development
Plan, Exhibit "A".
7.2. DEVELOPMENT PLAN
A. The primary function and purpose of this Tract will be
to provide aesthetically pleasing open areas, golf
course and recreational facilities. Further, these
areas shall provide for the flood relief and drainage
of the total project.
B. Except in areas 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, 6r part thereof, shall be erected,
altered or used, or land•used, in whole or in part, for t
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.
eoox 061 PAGE 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.
B. Accessory Uses:
1. Clubhouse, pro -shop, practice driving range and
other customary accessory uses of golf courses, or
:other recreational facilities.
2. Small establishments, including but not necessarily
limited to, gift shops, golf equipment sales,
restaurants, cocktail lounges, and administrative
services and management offices, intended to
exclusively serve or be a service beneficial
exclusively to the members of the Association,
patrons of the golf course or other permitted
recreational facilities subject to the provisions of
Div 2.2.1 of the Collier County Land Development
Code.
3. Signs as permitted in Div. 2.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 PASS 109
7-2
7.5. GENERAL REQUIREMENTS
1.) Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of
access streets and parking areas and location and
treatment of buffer areas.
2) Buildings shall be set back a minimum of fifty (50)
feet abutting residential districts and an
appropriately landscaped and maintained buffer shall be
provided.
3) Lighting facilities shall be arranged in a manner which
will protect roadways and neighbooring properties from
direct glare or other interference.
7.6. MAXIMUM HEIGHT
Thirty-five (35) feet within 150 feet of any Tract
restricted to thirty (30) feet or less in height, and
forty-five (45) feet elsewhere within the Tract as measured
from the finished grade of site or from the minimum base
flood elevation required by the Flood Elevation Ordinance
whichever is greater. Structures located within Section 1,
Township 50 S, Range 25 E shall be limited to one (1) building
story:
7.7. MINIM
As required by Division 2.3 of the Land Development Code, or
Collier County regulations in effect at the time of permit
application.
7.8. SPECIAL USE
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.
BOOK 061 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 50 South,
Range 25 East.
Any properties which are required to be reserved
for right-of-way expansion for Davis Boulevard
shall be subject to either Road Impact Fee Credit
pursuant to Ordinance 92-22 or shall be acquired
at fair market value from the property owner.
gut 4 ; • of IDo4
A minimum of 16.41 acres of pine flatwoods (2SV 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 CGI PAGE 111
SECTION VIII
DEVELOPMENT �TANDARDS
The purpose of this Section is to set forth the standards
for the development of the project.
8.2. GENERAL
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 sewage treatment facilities to serve the
project are to be designed, constructed, conveyed, owned and
maintained in accordance with Collier County Ordinance No. 88-
76, as amended, and other applicable County rules and
regulations.
All customers connecting to the water distribution and sewage
collection facilities to be constructed will be customers of.
the County and will be billed by the County in accordance with
the County's established rates.
A. Exhibit "A", PW Master Development Plan,I 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 best satisfy the
project, the neighborhood and the general local
environment. Minor site alternations may be permitted
subject to planning staff and administrative approval.
C. All necessary easements, dedications, or other
instruments shall be .granted to insure the continued
operation and maintenance of all service utilities and
all areas in the project.
D. To Protect the integrity of the multi -family
residential neighborhood, access roads to multi -family
development tracts are intended to be private roads
while all other roads may be public roads.
8-1
BOOK 061 PACE 112
8.4. PROJECT DEVELOPMENT AND RECREATIONAL 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-
de-sacs at street ends, screens, signs, landscaping, erosion
control and other similar -in -function facilities shall be
taken to accomplish the above set forth objectives.
Any additional recreational facilities, as may be needed by
the future residents of this project, shall be funded through
a system of revenues collected by the Foxfire Community
Association. The Community Association By -Laws shall include
a provision that the creation of :a capital improvement fund is
mandatory, and every property owner in the development shall
become a'member of the Association.
All clearing, grading, earthwork and site drainage work
shall be performed in accordance with all applicable State
and local codes.
The cypress head in the west central portion of the project
and the large clumps of palmettos in the unexcavated common
areas will -be protected during construction with the fencing
and posting. The haul roads will be identified, and the
contractor will adhere to these roads, which will be
stabilized if sand traps occur.
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 PAU 113
8-2
rV Di^' MY V •in D160 0 to)� W.,0 ' • : ; a elm • • •
All project areas shall be served by a central wastewater
collection system.
All applicable water and sewer connection charges must be
paid to the County Water -Sewer District prior to the
issuance of any building permits.
The projects Developer(s) his assigns or sucessors shall
comply with the current County ordinances regarding use of
treated sewage effluent for irrigation purposes.
The existing off-site sewage transmission facilities of the
District must be evaluated for hydraulic. capacity to serve
this project and improved as required outside the projects
boundary to provide adequate capacity to transport the
additional wastewater generated without adverse impact to the
existing"transmission facilities.
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.
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.
Telephone, power, and TV cable service shall be made
available to all residential areas. All such utility lines
shall be installed underground.
Any above ground antennas which will be external to a
building shall require the approval of the Association.
8.12.7RAFFIC 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
600h LVAFA"AA4
beginning of land development, additional pavement will be
constructed along Davis Boulevard and along Radio Road at
the entrance to Foxfire to provide leftturn 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.
•1 4*qo wdqn4 V' "o
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 Front $ear Side Structure
structures - Single Family 30' 10, 10, 10,
Area (Only)
8.15.SIGNS
All signs shall be in accordance with.the appropriate mll.ier
County Ordinances.
8.16. LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in
accordance with the appropriate Collier County Ordinances.
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.
aoo( �?--P.,IA115
8.18.2_ARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS
A.! i It shall be iunlawful to park a commercial vehicle on
any lot in a residentially zoned district unless one of the
following conditions exist:
1) The vehicle is engaged in a construction service
operation on the site where it is parked. The
vehicle must be removed as soon as the construction or
service activity has been completed.
2) The vehicle is parked in a garage, carport, or fully
screened area and cannot be seen from the exterior of
the lot or the adjacent multi -family structures.
A. OBJECTIVE
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. PLANT COMMUNITY ANALYSIS
The total project acreage, +318.67 subject to
Ordinance #81-68 has been developed as indicated in
that Ordinance, including retention of the Cypress
Head and Preservation Areas described in Section
8.19,D & E of this document. The addition of the
Western +65.54 acres to be utilized for nine holes
of golf represents the only remaining plant
community to be significantly altered. The
following is an analysis of that plant community:
Land Classification Code No. 411, Pine Flatwoods
(xeric).
8-5
toot 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
(Serenoa repens), or muscadine grape (Vitis
rotunditolia).
Various other species also occur, though less
commonly, including poison ivy (Toxicodendron
radicans), gallberry (Ilex glabra), wax myrtle
(Myrica ceritera, myrsine (Rapanea punctata),
staggerbush (Lyonia fruticosa), winged Sumas (Rhus
copallina) , fox grape (Vitis labrusca) , dogfennel
(Eupatorium capillifolium) and yellow -eyed grass
(Xyris spp.).
Cabbage palms (Sabal palmetto) are scattered
througout this classification, but are not
dominant even in the midstory. Dwarf wax myrtle
(Myrica pusilla), gopher apple (Licania
michauzii), prickly pear (Optunia stricta) and
other species tolerant of xeric conditions also
occur in drier portions. Brazilian pepper (Schinus
terebinthifolius) occurs on small patches
throughout- this classification but is not dominant
in shy area. Melaleuca (Melaleuca quinquenervia)
is beginning to invade the site, but is not
dominant in any extensive area.,
C. NATIVE VEGETATION BUFFER AREAS
FUNCTION: Provide visual and noise buffer between
building sites, roadways and adjoining properties.
TREATMENT: 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.
D. CYPRESS HEAD AREA
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
ROOK 061 pAct 117
attractive natural
of water during the
recharge area as well
facility. Provide
experience for the
TREATMENT: 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.
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.
TBS. 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.
WOR "JI1.
FUNCTION: Provide noise and visual buffer from traffic
and adjacent properties.
TREATMENT: 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.
TREATMENT: Retain maximum amount of vegetation with
the exception of small areas for stockpiling fill.
S-7
BOCK 061 PAro 118
FUNCTION: 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.
FUNCTION: Provide . water storage, recreation and
aesthetically pleasing quality for the community.
TREATMENT: On completion of construction, lake banks,
will be revegetated with durable grasses to control
erosion.
J. SIDEWALK/BIKEWAY: Sidewalks and bikeways shall be
provided and constructed according to local County code
and ordinances.
K. GENERAL POLICIES
FUNCTION: Provide an' aesthetically pleasing' as well
as functional environmental in general. j
TREATMENT: Four classification fall into this category.
1. Farm land areas: Areas that have been previously
farmed that are planned for general open space as
well as certain parts of the Common Areas, to be
reforested on basis of management program
developed in conjunction with Forestry Department.
Re-establishment of ground cover by the use of
durable grasses to eliminate wind and water
erosion.
2. Select clearing areas: As a general policy and, as
much as practicable selection clearing and
protection of valuable vegetation shall be
applied.
mx 061 PACE 119
3. Disturbed areas: Upon completion of construction,
,all disturbed soils located within the
'Commons/Golf Course Area shall be revegetated with
{ durable grasses to eliminate water and wind
erosion.
4. Obnoxious exotica shall be destroyed in accordance
with the applicable County Ordinances.
L.I.
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.
A,2&
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 time! of final construction plans approval, it
must be demonstrated that the golf course discharge
will not exceed the capacity of the off-site ditch
or,proposed improvements. Any necessary improvements
to' the ditch will be at the Developer's expense.
This does not gxclude 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 S Range 26 E, crossing Estey Avenue as
indicated on Exhibit E.
BOOK 061 PRIG[ 120
8-9
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EXHIBIT "C\ 'i t --�c Z�.=�';`•`a3�_�:
',<.SUBAN/S/ON OF PART OFSECTION 6, t ,'e �% :�• +'��• =o, , s :� W
7�tViYSHlP 50 SOUTH . RANGE 26 EAST, .y .� ; �$• Y: �s „ �+
`ALLIF
R rntiNry try na/nn
fa eooK 061 PAGE 123
fiq
Proposed Golf Cart Crossing
TRACT Or 4e $CALL r 40
a" coum
4e
ii
TWO R261
TRACT Ir
(FOXMOOR)
TRACT OP � ( �
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fa R14W
TRACT Or
Exhibit 13
BOOK 061 PAGE 124
I !a
EL]
lr* ,
f STATE 08 FLORIDA )
COUNTY OF COLLIER )
i
M,
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.
DWIGHT E. BROCK • . 1��tlo
Clerk of Courts and CleriiaX,••'
Ex -officio to Board of ' ;��•.
County Commission rs
By; /s/Maureen Kenyon
Deputy Clerk
600K 061 PAVE 125
•
0
0
DIE
DAVIDSON
ENGIN Ef PING
FOXFIRE PDI - PL20160003062
August 31, 2017
MASTER PLAN
ORDINANCE 93-31
www.davidsonengineering.com
Q -
..[. WILSON
nvcr •r'� RADIO ROAD •A[n'V'"'T'
MILLER
HARM
& PEEK
0-6 ` INC.
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w a Architecture91ar mn"1000 r..cr C' �l ` i "" Z m
Put)i n dd x DNleion
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a• I J R[�ale
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cm�hwrbn W:uO•n
i Y \
LAND USE SUMMARY
t .... ....:..>,..
�-•� &e haeY'A'. Low density single-family
FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY 'i residential x 80.7 acres
�• " �_ ' Tract 'B': Low density multi -family
e. [ residential ' m 88.8 acres
-� ° heel 'C': Low density residential t 8.7 aeras L Q
c 7 Tract 'D': Master Waste Water c
Pump Station 1.3 acres O
h
+• ,' I aat 't?`. Commons Aroesl D
K � � Boli Course t 223.7 aeras.
LS a
TOTAL: 384.2 acres o Q
a Mo e p
6 W Y
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EXHIBIT !A'
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DIE
DAVIDSON
-.1-E-G
BUILDING PERMIT #84-2320 INFORMATION &
FOXFIRE PDI - PL20160003062
August 31, 2017
ORIGINAL PLAN
www.davidsonengineering.com
Collier County Property Appraiser
Property Detail
Parcel No. 133885 0007 I Site Adr. 1355 FOXTAIL CT, NAPLES, FL 34104
Name/Address FOXFIRE COMMUNITY ASSN
OF COLLIER CTY INC
1030 KINGS WAY
NAPLES I State I FL I Zip 134104-4988
Permits
Land _ Building/Extra Features
r #�_ Calc Code Units �i Year Add
10 FLAT VALUE , 1.3
# Built Description Area Area
Y3r F3 .w,s ,7�DO4
60 1 2000 1 CANOPY ( 1500 1 1
� ,TYG't\R @•10.0'1 I Rlrr
' JL
ttNwEm�,eFro'wc%� p, n'.s�wnes\re.eoti5 .x evens i '�---- . tm
aWc uw�at Z e a ceraE — Z -craws swot-e.\� — s
em.ueFr t.er'tleO�M "� aKK
h=Parzaeieotoar .Er� A�
_ SECT/ON 'A -A' SECTION '6-9SECTION'C - G'
Kn un urs
F� 1LNEPYMT 96 Situ® IKHtb/T YHc ..tic \NEIY t'
,oEo-xmE F ~ da-raN.srso�
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er peN�r ..evlaarnRix
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TYPICAL PAVEMENT X-9EGTION -
Kr4
® NOTES:
��� IKDIEaTE6 LOCIIgN Of PROPpBED 9EEKRITY FERCF, 6IrF9 10 ff IMBTALLEe Ii
' BOTH ORIVFnRT LOCIr�pNS
JUL
SY'ACE+ ,'•Ep'
Y U.S. HOME CORPORATION
N
FOXFIRE
GOLF COURSE MAINTENANCE AREA
PART OF WEST. HALF OF SEC 6,'T SO 31 R 28 E,COLUEW CTT F
WILSON • MILLER.' BA OM-SOLL 'K—PEE—K. INC
—MM, RLAWlER6 \ LAM6 BURVEYOPB NMLE0. iL5\0A
.:22e35..3
DIE
DAVIDSON
ENGIN EEAING
•
FOXFIRE UNIT THREE PLAT
FOXFIRE PDI - PL20160003062
August 31, 2017 www.davidsonengineering.com
COUNTY APPROVALS
O
mRn NDIEE
THIS RAt/ti 0 r E mato COUTT ERMINED Tx[e JA
LA� l L�
OAT d
-11"e
11pM E. .TION. P.E. ... 221.
d ssi
COLLIER COUNTY ENGINEER
UNI T THREE
m1AT IpN3'1[M611�FTH
APP
TXI6/g �r NT THIS
THE COLLIER CO,1. WEALA.D. MWP�RCTION TO
AT a
APPY Di AN S ER.
'
ICLO/
M. i[ R.B.
iKE0
� A SUBDIVISION OF PART OF SECTION 647
LIER COUNT, SANITARIAN
- TOWNSHIP 80 SOUTH, RANGE 26 EAST.
f'NNXI! PLA�MMYYED 61 }K COLLIER OOURi} AtM0111E1 TMi6/S'f
111
COLLIER COUNTY, FLORIDA.
DR YI4 .194, A•R•
7�
MY L. MUNDEM
COLLtU COUNTY ATTORNEY
' COUNTY C"ISSION APPROVAL
' 11I6 M APPROVED IN M DRE" IEETTM6 OF TME m "D
F COUNTY
.J410161I0MER8 OF GOLLI[R CWIITT. RLORIOA 1X19 S" DAY OF
WRW A.D. PROVIDED THAT THIS KAT IS FILM
.�LI�NN OFFICE OFIK CIRCUIT eO"W�i'�6°�C/gLL1 EN mW1T. RKIM-
�T✓E •OF
"m
"" PILLL vD�s6.
IAII J.• K GAIT fRtd C."'.
calm OF CTRWIT COURT 90AM M CWTT' Cd1I19.. CURB
DESCRIPTION OF LAND PLATTED
COLLI[1 CdOi'. It. DA
I
"
COREMCIND At THE SWINMBT CONNFA DE 9ECTIDR 0. i0M16Mir 90 SOUTH.
BANKING EMT. MUD COUNTY, MOMIDA. THENCE ALONG INE TM LIPS
lot NII
Cl
1
• /
DE MIO SECTION.. -1. D--47'30' VEST 2692.70 FEET TO THE LEST 144
CO.M OF SAID KGTt. 6,
33
4•
SURVEYORS CERTIFICATE
THEM K =It" ALONG SAID WEST LIN OF KGUM S. NORTH 0-141'-22'
121) NO
17 15 MEIIEII CERTIFIED IMT THIS RAT YM PREPARED FOR M ACTUAL
MUT 1225.07 FEET TO THE POINT W BEGINNING Of LAND PLATTED.
THEM K CONTINUE µd16 SAID MST LIRE OF SECT10x 5. NORTH
(21) K
TR
11URV[Y DE THE PROIGTY 1T HE OR JYpF11 M BUPEREl61OR M PARK RED
IN RULE 21W-6 FLORIDA ADNIMISTRAIIVE CODE MD ORMTu 412 Of TIE
0'-36'-22' YESi 366.64 FEET TO TAE SOUTH R10MT-OF-YM OF
RNID ROAD tC.R.Ml1
RA
0E
RDRIDA STATUTES.
TT 16 FURTHER CERTIFIER. TWAT µ: MON TS 6MMWS KKK ACTUALLT
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12T 90
[I16T OR YSIZ EEIST PRI" TO EPIRAL ROOM TURK DE THE 9WDIVISI..
MD SARIN ILL
COME. TIRE ASU MTCPI. ARE COIIKOILT MpW.
CONTINUE 90U1X LIRE K R qqpp.��{�� B. 1/�
MORTN .]•-IT'-90' EMT 3635.66 FEET ID T PI iN),R1W I WTj
IIYE OF SAID RECTION `�f�
(!3) NNGO
141
HE
SPYING IN THE CURRENT .Lit OX OF CHAPTER 122 OF THE FLORIDA
AS STATUTES.
BMAl UTE6.
6, ♦
IN 111I WA
Dx'-E444' 225' EMTT205l..0 FP WIN EET'NNTO A C TIM
V!44-25' THE J r (21) ND
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CENTER OF SAID SEOTION 61
THENCE CONTINUE µSK SAID ROAM 0 1/1 LINE OF SECTION d.
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MKYXEM TEPP'" OF kI ON NOF'F F! E' ACWm
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10 THE FLAT THEREOF AS RECORDE IN I Ai MON la. AO TAHIXI6M
4. PUBLIC J_ OF COLLIER T T -16'
MIT 0
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FILING RECORD
MST 2X.00 FEET TO A .1X1 THE
Wl M SNOWY OM SAIp RAT DE FORM 1 D Y
BOTTOM. K •FOX IM .11 TWO A IM TO I
>
1 HEREBY KNTIFI THAT THIS PLAT HAS BEEN EXAMINED IT HE MO THAT
IT COPLt4 IM FONT WIN TKKB[WIRCHEMT6 6 CMM9TFR 1/). LIWM 6
IECOINEO IM VIT SOC( TV PAGE 7 UO 11
IEIN05 OF COLLIER COUNTY. FL A
1)
FOR IMOF IRA.A. THIS IA TMI rylNielt PLAt YM film
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5
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.�'6LiAf� T9�CI TWIT COURT IN
'1110 Fr> G COUNTY. FLORIDA.
nTT
AMRADIUS OF ".;00 FK�XD
MAINE nk N 3S'-21'-14• MST .12 11
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FID MM 12• -12• -AND VEST ID2•OD iP , I'M MC OF A
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TITLE CERTIFICATION
TAN TIAL CIRCULM CURVE CMCAYE 1
A RADIUS DF 112.0 FEET ARD KIND ll r. �'
BEMs ROTH 47•-00.32• VEST 433.90 a�A'p T %.�--
(111 'A
EA
KATE OF COUNTY FLOP IDA
COY OF MIETHYEOTRIILY
M SWNYE,
194.10 FEET µDMO THE NIC K A N - AL
CINCRE. P CURVE CONCAVE TO THE SWINEAST. HAVING A RADIUS OF
DR
Q) 4
4401 SO
1. IWCM. E. MONEY. A WLI tICERRED AitO IT IN THE STATE OF
FLORIDA OD THEREBY CERTIFY THAT I MVF EXMINER THE TITLE TO THE
613.70 FEET MO KING ZMA TEmm BY A CHDRO WHICH KAON $WIN
02•-83'-4• Mit 153.37 FEET,
W
K
HEA[tN DE9ORtKO PROPERTY AND INN SIMM .MIME 16 VESTED IM U.B.
MHE CORP ATION. THAT THE CURRENT TWO PAYE KEW PAID GNP THAT
I,) $DUN 63•-47'-16' MET 31.74 FEET,
(SI SWLNEMTEIILT 2X.41 FEET ALORB INE AU OF A 9011-fAXDEN1IAL
21
NII NO
IM PROPERTY 16 FREE Of ENCUI0 US EXCEPT AS FOLLOWS,
CIMU AN COVE CONCAVE TO TM MKTREASI. NAVIN A RADIUS OF
913.13 FEET MO KIND SUNTEMED 4 A CHM WHICH BEAU SPAIN
<403 MO
TA
TNAT CERTAIN I@TSME IN PAYOR OF BRIDLE PATH .HINT VENTURE. A
31'-31'-j0 CAN 236.00 FEET,
NA
RON DA JOINT VENTURE M RECORDED IN OFFICIAL RIND NOS( 606.
PAGES 152 TWOUGH 082. PUBLIC RECDR4 OF COLLIER rKWNIT. FLORIDA.
1144 SCUM -12'-14• EMT 307.90 FEET,
(11) 4UTNERL I. SOUNESTERLI AND NDMiNSEEIEBLY 621.32 FEET ALONG
BE
(43) NO
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IM MC OF A TMOENTIAL CIRCULAR COKE CONCAVE TO TK MORIN-
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INDIA" GATED $.1 $-ii
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TIN MONTH IS• -I R'-44• MUT 392.90 FETI
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ATTING
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T -4-W
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ITL MONTNMa1EI1L1 163.00 FEET µV6 THE MC DE A TMKMTIµ
K
CiPd1LM CURVE DONCAVE i0 THE NORTHEAST. HAVING A RADIO OF
1353.13 fECi MD K{MI INTENDED K A ONTO WHICH PEAU -1.
88'-IZ'-11• Mtl 44.33 FEET,
TNM 90
1411 90
1403 90
1141 NORiM 21'-12'-44' MIT 234.00 FEET,
113) NORTHERLY, ANNE TERLY AND BWTNFASTERLV ON.32 FEET µONO
NM I
1901 90
THE MC OF A TU` FMTIAL CTRCWM CURVE `--E TO THE SWIM-
EAST. MYl4 A RADIUS OF 440.00 MMIT AND KIM SWTENDEO BY A
(51) 90
K
CNOM WIN PEAU MKTN 63•-47'-16' EAST 400.00 FEET,
tM61 BRUIN 26'-12'-44• EMT 234.00 FEET.
NA
SOUT
1171 HEASTERLY 33.10 FEET ALONG THE MC 6 A tANKT[AL
CICURVE CONCAVE IC THE NORTHEAST. HAYING A RADIUS Of
1621 t0
OR
45.13 FEEL AND KING SWTEHOU AT A CHORD WIN KMS SPUN
MITI" 5305• EAST 33.10 FEET TO A POINT M SAID COMI
(l01 XOR1M 33'-I7'-16• MT E 0.06 FEET,
KIAO . IMI
CWNtI. IN
"ACT 10 E
(10) MORTHEASTENLI 14.36 MEET µDm THE AM OF A IMKXTIAL
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1
COR1AIMAS 5
tMlS 1NlMRUEXT YM PREPARED Bt
YtABUR R. CYS3 TIMSEN. M. P.L.S.fUlS
WILSON MILIEU. BASION. POLL 4 PEEK. INC.
705.70 FEET AAD KIM`UBT
SUBTENDED BY A CHORD WIN MEANS NORTH
S1•-33'-49 EAST 191.77 FEET TO A POINT ON MID DOVE,
REGISTERED EMBIYEERS AND LAND SURVEYORS
1213 AIRPON MM MONTH
CONTINUED
NAPLES. COLtIEft IMAM'. FLORIDA
drb �
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N
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! ALONG tHE AK OR R .._,AO'NTIAL
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19MTEM M MY A CHORD WICN KMS NORTH
N FEET,
ESTE 150.99 FEET,
IIL1 212.56 MEET ALONG INS AMC OF A
`URYE CONCAVE t0 THE SOUTHWEST. -INS A
t MO KING SUBTENDED OT A MCM WHICH
AT NE9T 205.40 FEET,
IT 33.11 FEET.
IT"'
FEET,
WIHERLT 24.41 MIT ALONG INE MC OF A
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Cd ff CONCAVE i0 THE NORTAEASL.
.OS FEET AND KIN. SURTEADED BY A CHERD
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61.96 FEET,
.BLV AND MSTERT 44 N9 .27 FEET µ0THE
'10CIAAR CMYF CONCAVE TO THE SOUTHWEST.
!•00 FEET ANO BEING -TE 01 A CRORD
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IT 102.90 FEET,
FEET ALDU INE AM DE 1N
A IAES11AL
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.4 FEET 10 A POINT ON PAID CONE,
! 2M.4 MEET,
IT 321. 1 MEET,
BTFBLT 133.44 FEET µOMD THE MC DE A
IAM, CONCAVE TO THE 4401 AYET. 01X. A
T AM, min US ENDED 0' A Clow Witx
)7' M8T IM.1t MKT,
Ji 41..1 FEET,
TRERLT 273.22 FEET AOUT TAE .K VI A
;NYE KINGCONCAVE 10 INC �IiA CH WHtCW A
!AND KING K A CHORD WICH
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I l.3- FFET,
IT SAID N FEEL,
ONLY 334 MDRixCURVE CT FEET ALONG
T
IAL CIBCULM CURVE 0SNICONCAVE TO THE RDR1N-
i OF 290.00 FEET ANO 41X0 9FEET, . 4 A
TTX /1•-111'-36' X61 392.92 fET1
i 197.22 FEET,
I µV6 THE MC OR RCU
A TANGENTIAL CILAR
MST. HAVING A RADIUS OF 35.90 -1 ARC
CmRO WICH SEMS NORTH 4•-1)•-1]• MST
'T t04.67 FEET.
STENT 179.51 FEET ALONG THE AU OF A
;DIVE CACAVE TO THE EAST. X114 A
' AND BEING "TERM. PI A CORD WIN
IT FO 9TT MET FEET,
m.M FEET,
TNI AND MSIM, -211 FEET ALV. IM
'IACULAR CURVE CONCAVE TO THE 4UTHYEST.
lO 0 FFEEE AND FIINNG 6URtE1NED BY A CAPD
IQ FEET,
it M.SO 7.11
IT 236.311 FEET.
IT 4.42 KEW,
640.9] FEET,
IMIESTERY 442.44 FEET ALDO THE AM OF
M CURVE CONCAVE TO THE NMTNME61.
41.00 FEET MO ME: PLATEAUED 21 A LICA
-51'-32• MST 131.77 FEET,
IL D.OROATEMT tO THE MINT DE BEGINNING
ISXIP $0 NOUN. RANK N EMT. COLLIM
CTIOA OF RECON
•
PLAT BOOK 13 PAGE 101
SHEET I OF 3
DEDICATION
STATE OF FLORIDA
COURTI I COLLIER
KNOW ALL NEN BM THESE PRESENTS THATU.S. XDIE CORPORATION. THE
DYIIEX OF THE LANDS DESCRIBED HEREON MAS CAUSED 1.16 PLAT E.1111.
FOXGI RE UNIt W
TEE TO BE MAK MON
D DS MEREST DEDICATE THE
ER
STREETS. EMNTS AND RIGHT -Of -VATS AS SNOW ARD FDIC TO THE
PCIIPETUAL USE OF THE PUBLIC FDR THE PURPOSES -V.. ALL WATER AND
BE MA UTILITIES CON87RUCTO WITHIN THIS PLATTER AREA $HALL K
DEEDED TO COLLIER CWXTI MR ACCEPT ASCE OF TIE IIPMVEHE.T.
KWIRED BY THE RAT. ALL ORAINAK EASEIENIS ARE DEDICATED TO COLLIER
CWNTT FOR TK PURPOSES OF DRAINAGE.
MAI NIENARM 01 THE SURFACE TAUTER WAGF Ml sTSTEY EILL K
POA8m
THE RESPONSIBILITY OF FOXFIRE CMUN1Tl C1AT10N OF CCUIER
MUSTY,
In...
IY WITNESS 1MERJOF SATO PE E NAI[ CAUSED MESE PAEKR'S TO K
BIDRCO iMi6 SS DA1 O�W[7 IBK. A.C. ,
Y[IxE69•-�� llCp///
D141EION�n DENT :. �� r
C./CFN99M4✓
DIVISION SECRETARY
CDR TE ACKNOWLEDGEMENT
STATEK FLORIDATE {I:•:
OPIUM, DE ILLIEE
1 NMI CENTi FT TWAT ON THIS DAY. KFDRE M. AN OF !CXR DULY•,
WTXMII ZED IN THE
STATE AND COUNTY AFORESAID 10 TAME 4 TIOVLEDGE-
RENTS MANDIIALLY APPEARED MURICE J. ILLAYER MD'AHE, E. CUANY
10 HE 0 AND KNOW BY HE TO BE THE DIVISION PRESIDENT MD
DIVISION SECTARY RESPECTIVELY OF THE CORPORATION NAMED A6
DEDICATOR OR THE PRIME C•NG PLAT AND THAI IIEY KVEMALLI ACATIM
LEDGED EIICUTIM THE BABE VOLUKTANt LI UNDER WTMORITY DULY VEST.
IS THEM BT SAID CMROTATION AND THAT THE SEAL AFFIXED TNERETC I.
THE IBM CORPORATE KN OF SAID COKDRA110A.
YITRES6 MT HAND ARD ORMlCIAL SEAL IN TK COUWIi ARO STATE MWE6AM
NNIS 1, TR DAI OF -.4"
915. A.D.
Af CO�AM`(SSI OM Kd YOTM1 PJBAI•
.J•V•r. LSJ m17Ny
MORTGAGEE'S CONSENT
3TAT OF FLORIDA
COURT' OF COLLi6N
THE `VM MOVED WDEBI MRTtFlE6 THAI THEY ANE THE MOLDERS OF A
"I ME. LIEN DR MINNA ENCURBMNCE UPOW THE NIGER. DESCRIBED
IMF[RTY AND DO HEBEST JOIN tN MD CONCERT TD /HE DEDICATION
OF THE LANDS DESCRIS. IN THE DEKCATIM IENEIO. BY THE DWER
THEM W. AND AGREE THAT INE MRT MC. L14 M OTHERENCUHERARCE
RIICX 78 RECORDED IN RFICIY RECOM ING, RES. EXIES 857 THOU CH
SING LI
SOF THE PUBLIC RECOR08 OF COLLIER DOUNTI. t . SMALL
SUN) GNATS TD THE DEDICATION $MORIN NIKON.
IN YITXE4 YNEKOF. THE UROER8IBM0 POTIA- RMB I -D THE.
PRESENTS BY (T6 AUTHORIZED GDOX PARTNERS. THIS /f DAY OF
.1X5. A.D.
DR• COPi COMNNITIE. RIME PATH JOINT VENTME.
CO PYR-RA. A FLORIDA A FLORIDA JOINT 1ENTLM.
""ASY ARD KINEER 111111 VISTA. INC.
•/B[��j A FLORIDA CORPORATION.
L
^•PRELIDYI �
"RE i M180S M-4 - P
GENERAL NOTES I. ALL UIHEM6IONS ARE IN FEET MD KCINALS TMREOf.
. ALL CMIES ME CIRCULAR COMES AND ALL DI IENSIOAS ON CUR'
AK AU LD
UNLESS NOTED NNERYIK. l' AM •CO•
3. KM NOR ARE BASED ON FPAFIRE WIT ORE RAT (FB•tl. P 94
4. 0 INDICATES PERMANENT REFERENCE NDMUNKAIS V.R.M.)
S. 4 INDICATES FERMNENT COAtFM POINTS F.C.P.) ICON ADD
3/0' X 24- N.I. IRYT CAP.
0. A STRIP OF LAND 10 FEET NIDE AT THE NEAR OF CAN LOT. A'1
TK
7• ALL SIDE LOT LIMES AGE RADIAL
U IROL> 10 ixE Ge:6 11I G111-0i-VAr
UALE..TED ROT RC1
9. TK K.IERLIKE OR PAV'ENEW RANGES IN ELEVATION FROM A LOW OF
9. O.E. INDICATES ORA(NAGE EASEMENT.
10. U.E. At FDA
AD UTILITY EASEMENT.
11. KE PLAT FOR ND ORAL EASEHE
AT S.
12• A SERVE OF
AMD 10 FEET NIDE AT THE SEMI DR EACH LOi [6 HEREBY
RESERVED FON A NAGE ACEEAS HDT OVER
13. I ..E 18 A DRAINAGE EABEKNT O'ER YL OF LME •L• 08
MSCELI
•B• MD C••
11. RECORI CTI DNS. RE6ERYRTIONB MD RESTRICTIVE EOY.ANi6 ARE
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d ssi
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' AND BEING "TERM. PI A CORD WIN
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m.M FEET,
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it M.SO 7.11
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M CURVE CONCAVE TO THE NMTNME61.
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IL D.OROATEMT tO THE MINT DE BEGINNING
ISXIP $0 NOUN. RANK N EMT. COLLIM
CTIOA OF RECON
•
PLAT BOOK 13 PAGE 101
SHEET I OF 3
DEDICATION
STATE OF FLORIDA
COURTI I COLLIER
KNOW ALL NEN BM THESE PRESENTS THATU.S. XDIE CORPORATION. THE
DYIIEX OF THE LANDS DESCRIBED HEREON MAS CAUSED 1.16 PLAT E.1111.
FOXGI RE UNIt W
TEE TO BE MAK MON
D DS MEREST DEDICATE THE
ER
STREETS. EMNTS AND RIGHT -Of -VATS AS SNOW ARD FDIC TO THE
PCIIPETUAL USE OF THE PUBLIC FDR THE PURPOSES -V.. ALL WATER AND
BE MA UTILITIES CON87RUCTO WITHIN THIS PLATTER AREA $HALL K
DEEDED TO COLLIER CWXTI MR ACCEPT ASCE OF TIE IIPMVEHE.T.
KWIRED BY THE RAT. ALL ORAINAK EASEIENIS ARE DEDICATED TO COLLIER
CWNTT FOR TK PURPOSES OF DRAINAGE.
MAI NIENARM 01 THE SURFACE TAUTER WAGF Ml sTSTEY EILL K
POA8m
THE RESPONSIBILITY OF FOXFIRE CMUN1Tl C1AT10N OF CCUIER
MUSTY,
In...
IY WITNESS 1MERJOF SATO PE E NAI[ CAUSED MESE PAEKR'S TO K
BIDRCO iMi6 SS DA1 O�W[7 IBK. A.C. ,
Y[IxE69•-�� llCp///
D141EION�n DENT :. �� r
C./CFN99M4✓
DIVISION SECRETARY
CDR TE ACKNOWLEDGEMENT
STATEK FLORIDATE {I:•:
OPIUM, DE ILLIEE
1 NMI CENTi FT TWAT ON THIS DAY. KFDRE M. AN OF !CXR DULY•,
WTXMII ZED IN THE
STATE AND COUNTY AFORESAID 10 TAME 4 TIOVLEDGE-
RENTS MANDIIALLY APPEARED MURICE J. ILLAYER MD'AHE, E. CUANY
10 HE 0 AND KNOW BY HE TO BE THE DIVISION PRESIDENT MD
DIVISION SECTARY RESPECTIVELY OF THE CORPORATION NAMED A6
DEDICATOR OR THE PRIME C•NG PLAT AND THAI IIEY KVEMALLI ACATIM
LEDGED EIICUTIM THE BABE VOLUKTANt LI UNDER WTMORITY DULY VEST.
IS THEM BT SAID CMROTATION AND THAT THE SEAL AFFIXED TNERETC I.
THE IBM CORPORATE KN OF SAID COKDRA110A.
YITRES6 MT HAND ARD ORMlCIAL SEAL IN TK COUWIi ARO STATE MWE6AM
NNIS 1, TR DAI OF -.4"
915. A.D.
Af CO�AM`(SSI OM Kd YOTM1 PJBAI•
.J•V•r. LSJ m17Ny
MORTGAGEE'S CONSENT
3TAT OF FLORIDA
COURT' OF COLLi6N
THE `VM MOVED WDEBI MRTtFlE6 THAI THEY ANE THE MOLDERS OF A
"I ME. LIEN DR MINNA ENCURBMNCE UPOW THE NIGER. DESCRIBED
IMF[RTY AND DO HEBEST JOIN tN MD CONCERT TD /HE DEDICATION
OF THE LANDS DESCRIS. IN THE DEKCATIM IENEIO. BY THE DWER
THEM W. AND AGREE THAT INE MRT MC. L14 M OTHERENCUHERARCE
RIICX 78 RECORDED IN RFICIY RECOM ING, RES. EXIES 857 THOU CH
SING LI
SOF THE PUBLIC RECOR08 OF COLLIER DOUNTI. t . SMALL
SUN) GNATS TD THE DEDICATION $MORIN NIKON.
IN YITXE4 YNEKOF. THE UROER8IBM0 POTIA- RMB I -D THE.
PRESENTS BY (T6 AUTHORIZED GDOX PARTNERS. THIS /f DAY OF
.1X5. A.D.
DR• COPi COMNNITIE. RIME PATH JOINT VENTME.
CO PYR-RA. A FLORIDA A FLORIDA JOINT 1ENTLM.
""ASY ARD KINEER 111111 VISTA. INC.
•/B[��j A FLORIDA CORPORATION.
L
^•PRELIDYI �
"RE i M180S M-4 - P
GENERAL NOTES I. ALL UIHEM6IONS ARE IN FEET MD KCINALS TMREOf.
. ALL CMIES ME CIRCULAR COMES AND ALL DI IENSIOAS ON CUR'
AK AU LD
UNLESS NOTED NNERYIK. l' AM •CO•
3. KM NOR ARE BASED ON FPAFIRE WIT ORE RAT (FB•tl. P 94
4. 0 INDICATES PERMANENT REFERENCE NDMUNKAIS V.R.M.)
S. 4 INDICATES FERMNENT COAtFM POINTS F.C.P.) ICON ADD
3/0' X 24- N.I. IRYT CAP.
0. A STRIP OF LAND 10 FEET NIDE AT THE NEAR OF CAN LOT. A'1
TK
7• ALL SIDE LOT LIMES AGE RADIAL
U IROL> 10 ixE Ge:6 11I G111-0i-VAr
UALE..TED ROT RC1
9. TK K.IERLIKE OR PAV'ENEW RANGES IN ELEVATION FROM A LOW OF
9. O.E. INDICATES ORA(NAGE EASEMENT.
10. U.E. At FDA
AD UTILITY EASEMENT.
11. KE PLAT FOR ND ORAL EASEHE
AT S.
12• A SERVE OF
AMD 10 FEET NIDE AT THE SEMI DR EACH LOi [6 HEREBY
RESERVED FON A NAGE ACEEAS HDT OVER
13. I ..E 18 A DRAINAGE EABEKNT O'ER YL OF LME •L• 08
MSCELI
•B• MD C••
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AGENDA ITEM 3-C
Cotliier County
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
DEVELOPMENT REVIEW DIVISION
ENVIRONMENTAL PLANNING SECTION
HEARING DATE: DECEMBER 14, 2017
SUBJECT: PETITION CCSV-PL20170002036, 10073 GULF SHORE DRIVE
PROPERTY OWNER/AGENT:
Owner: Agent:
Rob Longwell & Pamela Gibson Longwell Brett D. Moore, P.E.
13910 Factory Lane Humiston & Moore Engineers
Louisville, KY 40245 5679 Strand Court
Naples, FL 34108
To have the Collier County Hearing Examiner (HEX) consider an application for a Coastal
Construction Setback Line CCSL Variance in accordance with Land Development Code (LDC)
section 9.04.06, for a 31 -foot 10 -inch variance from the coastal construction setback line (CCSL)
to allow for replacement of the existing single family residence.
GEOGRAPHIC LOCATION:
The subject property is located on property at 10073 Gulf Shore Drive and further
described as Lot 33, Block A, Re -subdivision of Part of Unit No. 1 Conner's
Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East, Collier
County, Florida.
(See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The proposal consists of construction of a single family home seaward of the CCSL. The original
home was built in 1968 and then rebuilt in 1999 under CCSL Variance Resolution 98-269.
CCSV-PL20170002036. 10073 GO Shore Dnve
December 14, 2017 Heanng Examiner Page 1 of 8
CCSL Variance Request
The proposed improvements require the Hearing Examiner to approve a Variance to build seaward
of the Coastal Construction Setback Line (CCSL). The aerials provided by the petitioner depict
the subject property with existing and proposed structures in relation to the CCSL; and other
beachfront properties in the immediate contiguous area along Conner's Vanderbilt Beach (aka
Vanderbilt Beach). The applicant proposes to construct a new single family home including
accessory structures which encroach 31 feet 10 inches into the CCSL. The seaward -most part of
the proposed home is located 202 feet from the Mean High Water Line (MHWL) and 113 feet
from the Vegetation Line. The proposed project includes removal of the existing single family
residence and construction of a new single family residence, reducing the seaward extent of the
structure from the authorized 50 feet to 31 feet 10 inches seaward of the CCSL. Based on a current
survey, the existing residence and deck extend up to approximately 47 feet seaward of the 1974
CCSL with stairs and a brick patio extending up to 58 feet seaward.
A At
SITE
LOCATION
C. ^
Location Map Zoning Map
SITE PLAN
The Site Plan is two pages provided in the Application and Supporting Documents pages 5-6. Site
Plan page 1 shows the entire subject property; page 2 is a close-up of the improvements seaward
of the CCSL.
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL: Single family residential development, with a zoning designation of
CCSV-PL20170002035, 10073 Gulf Shore Drive
December 14, 2017 Hearing Examiner Page 2 of 8
RSF-3.
North: Single family residential development, with a zoning designation of RSF-3.
South: Single family residential development, with a zoning designation of RSF-3.
East: Gulf Shore Drive, then residential development, with a zoning designation of
RSF-3.
West: Gulf of Mexico.
Aerial exhibit provided by Humiston & Moore.
CCSV-PU0170002036, 10073 Guff Shore Drive
December 14, 2017 Hearing Examiner Page 3 of 8
GROWTH MANAGEMENT (GMP) IMPACT:
CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF GMP
OBJECTIVE 10.4:
Restore and then maintain, when appropriate, developed coastal barriers and developed
shorelines, by establishing mechanisms or projects which limit the effects of development and
restores the natural functions of coastal barriers, including beaches and dunes.
Staff comment: The policies below mainly addresses the need for dune restoration on
developed shorelines. The applicant will be required to provide a dune restoration plan
prior to issuance of the building permit; and complete the dune restoration prior to
certificate of occupancy.
Policy 10.4.1:
Promote environmentally acceptable and economically feasible restoration of the developed
coastal barriers and the urban beach and dune systems.
Staff comment: Consistent — dune restoration is required with the building permit.
Policy 10.4.3:
Collier County shall prohibit activities which would result in man -induced shoreline erosion
beyond the natural beach erosion cycle or that would deteriorate the beach and dune system.
Implementation of this policy will be based upon available scientific/coastal engineering
literature/studies that have established benchmarks for natural rates of beach erosion.
Staff comment: Consistent — the proposal includes dune restoration. In addition,
the proposed structure will be sited 15 further landward than the existing structure.
Policy 10.4.4:
Require dune stabilization and restoration improvements in land development projects along
beach areas.
Staff comment: Consistent — dune restoration is required with the building permit.
Policy 10.4.6:
Require native vegetation as landscaping in development activities in developed coastal barrier
systems and on the beach and dune systems.
Staff comment: Consistent — dune restoration is required with the building permit. In
addition, staff has included conditions to the CCSL Variance approval to ensure this Policy
is implemented.
Policy 10.4.7:
Collier County shall prohibit construction seaward of the Coastal Construction Setback Line
except where such construction would be permitted pursuant to the provisions of the Florida
Coastal Zone Protection Act of 1985, where such prohibition would result in no reasonable
CCSV-PL20170002036, 10073 Gulf Shore Drive
December 14, 2017 Hearing Examiner Page 4 of 8
economic utilization of the property in question, or for safety reasons. In such cases, construction
will be as far landward as is practicable and effects on the beach and dune system and the natural
functions of the coastal barrier system shall be minimized.
Staff comment: Consistent — the proposed structure is in line with contiguous and adjacent
structures to the north of the property along Vanderbilt Beach. The restoration of the dune
will follow the natural dune profile and further enhancing the dune system.
GMP Consistency Summary: The proposed variance is consistent with applicable provisions of
the Growth Management Plan Objective 10.4. for the reasons stated above.
STAFF ANALYSIS:
The decision to grant a variance is based on the criteria in LDC Section 9.04.06. Staff has analyzed
this petition relative to these provisions and offers the following responses:
A. The coastal construction setback line shall be that coastal construction setback line
established by the Department of Environmental Protection of the State of Florida pursuant to
F.S. § 161.053 and recorded in Coastal setback line Book 1, pages I through 12 inclusive,
recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier
County, Florida.
Staff Comment: The existing structure and improvements were built under CCSL Variance
Resolution 98-269.
B. Setback lines established under this Land Development Code shall be reviewed upon petition
of affected riparian upland owners. The Board of County Commissioners (BCC) of Collier County
shall decide, after due public notice and hearing, whether a change in the setback line is justified,
and shall notify the petitioner in writing. The present setback lines are presumed to be correct,
and no change in setback lines are presumed to be correct, and no change in setback lines shall
be made except upon an affirmative showing by petitioner that any construction line established
hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five (75)
feet landward of the vegetation line whichever is greater; and that considering ground elevations
in relation to historical storm and hurricane tides, predicted maximum wave up rush, beach and
offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist,
and existing upland development, that the general public health and welfare are preserved, upland
properties protected, and beach and sand dune erosion controlled.
Staff Comment: The proposed structure is consistent with the LDC as it is more than 150
feet landward of the mean high-water line and more than 75 feet landward of the
vegetation line, as required by the LDC. The proposed structure is 202 feet landward of
the mean high-water line and 113 feet landward of the vegetation line (Application and
Supporting Document, p. 10).
C. It shall be unlawful for any person, firm, corporation, or agency, public or private, to
construct, reconstruct, or change existing structures, make any excavation, remove any
CCSV-PL20170002036, 10073 Gulf Shore Drive
December 14, 2017 Hearing Examiner Page 5 of 8
beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across
any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing
thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as
hereinafter provided.
Staff Comment: The petitioner has created a dune enhancement plan as required by the
GMP policies in Objective 10.4 and LDC section 3.03.06.
D. If in the immediate contiguous or adjacent area a "number of existing structures" have
established a reasonably continuous and uniform construction line closer to the line of mean high
water than the line as herein established, and if said existing structures have not been unduly
affected by erosion, a proposed structure may be permitted along such line if such proposed
structure is also approved by the BCC.
Staff Comment: There are a number of existing structures immediately to the north and
south as shown on the aerial on page 3 of this report. The proposed structures seaward of
the CCSL are in line with the structures immediately to the north and south. Further, there
are number of other existing structures within the area that have primary and/or accessory
structures at least 32 feet further seaward of the CCSL. Therefore, it has been shown that
in the immediate contiguous or adjacent area a "number of existing structures" have
established a reasonably continuous and uniform construction line closer to the line of
mean high water than the line as herein established. In regards to whether the existing
structures have been unduly affected by erosion, the applicant has advised that the existing
single family residence has not been unduly affected by erosion.
See the attached Application and Supporting Documents pages 7-8 for the applicant's variance
justification responses.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This Variance petition was not required to go before the EAC for review and approval.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report CCSV-PL20170002036 on November
27, 2017.
RECOMMENDATION:
Staff recommends the Collier County Hearing Examiner (HEX) approve the CCSL variance for Petition
CCSV-PL20170002036, 10073 Gulf Shore Drive with the following conditions:
Standard conditions:
1. All proposed improvements shall be designed in accordance with the standards of the
Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal
CCSV-PL20170002036, 10073 Gulf Shore Drive
December 14, 2017 Hearing Examiner Page 6 of 8
Systems and an approved FDEP permit shall be obtained, and copies provided, prior to
issuance of a Collier County Building Permit.
2. Construction activities shall not occur within one hundred (100) feet of the sea turtle
nesting zone, defined by Collier County Land Development Code Chapter 3, between May
1 - October 31, sea turtle nesting season, without first submitting and obtaining any
required FDEP and Collier County Construction in Sea Turtle Nesting Area Permits.
3. Petitioner shall notify Environmental Planning Environmental Staff one week prior to
commencing work seaward of the CSSL and shall again contact Staff within one week
following completion of work seaward of the CCSL. (239-252-2400)
4. Outdoor lighting associated with construction, or development within three hundred (300)
feet of the high tide line, shall follow Chapter 3 of the Collier County Land Development
Code.
5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping
beyond the 1974 Coastal Construction Control Line.
6. Petitioner shall re -vegetate the dune where the dune is devoid of coastal dune vegetation.
Re -vegetation shall be completed, according to a plan submitted to and approved by Collier
County Environmental Staff, prior to the issuance of a Certificate of Occupancy.
7. Minor revisions to this variance approval (including changes in siting and structures) may
be approved, in writing, by the County Manager, or his/her designee.
Site specific conditions:
8. Six (6) existing Coconut Palms may remain on the property seaward of the CCSL. No
additional Coconut Palms may be planted seaward of the CCSL.
9. All areas seaward of the CCSL, outside of the footprint of approved structures and
improvements, shall be left in their natural condition, or landscaped using native coastal
dune exclusively.
CCSV-PL20170002036, 10073 Gulf Shore Drive
December 14, 2017 Hearing Examiner Page 7 of 8
PREPARED BY:
SUMMER ARAQCE DATE
PRINCPAL ENVIRONMENTAL SPECIALIST
DEVELOPMENT REVIEW DIVISION
REVIEWED BY:
ATTHEW MCLEAN., P.E. DATE
DIRECTOR
DEVELOPMENT REVIEW DIVISION
MICHAEL BOSI, AICP, DIRECTOR DATE
PLANNING AND ZONING DIVISION
ATTACHMENTS:
Attachment 1) Application and Supporting Documents
CCSV-PL20170002036, 10073 Guff Shore Drive
Decem0er 14, 2017 Hearing Examiner Page 8 of 8
• APPLICATION AND SUPPORTING DOCUMENTS
LONGWELL CCSL VARIANCE
PL20170002036
HEARING EXAMINER MEETING DECEMBER 14, 2017
0
0
Coder County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
ENVIRONMENTAL PLANNING (239)252-2400 FAX (239)252-6358
vvvvvw.coIHeruov.net/esc1
COASTAL CONSTRUCTION SETBACK LINE VARIANCE PETITION APPLICATION
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSEDIDUE
DATE ASSIGNED PLANNER
Date ofPublic Headng: BCCApproval:YeV] No
Conditions of Approval:
ABOVE TO BE COMPLETED BYSTAFF
APPLICANT INFORMATION
•
NAME OF OWNER(S) Rob Longwell and Pamela Gibson Longwell
MAILING ADDRESS 13910 Factory Lane Louisville KY 40245
TELEPHONE # 502-777-2116 FAX # 502-583-3665 •
E-MAILADDRESS: rlongwell®feederssupplvcom
NAME OFAGENT Humiston a Moore Engineers
MAILING ADDRESS 5679 Strand CourtNaples FL 34110
TELEPHONE # 239-594-2021 FAX # 239.594-2025
E-MAILADDRESS: cfNhumistonandmoorecom
PROPERTY INFORMATION
Legal Description of Property: _Lot 33, Block A, CONNER'S VANDERBILT BEACH ESTATES, re -subdivision on Unit
#1, according to the plat thereof as recorded in Plat Book 3, Page 18, of the Public Records of Collier County,
Florida
Street Address of Property: 10073 Gulf Shore Drive Naples FL 34108
Present Zoning: Single Family Residential Present Use: Sinele Family Residential
COASTAL CONSTRUCTION SETBACK LINE VARIANCE REQUEST
LDC 9.04.06
Proposed Construction/Activity:
Pagel of 43
•
co)#*eY County
• COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
ENVIRONMENTAL PLANNING (239)252-2400 FAX (239)252.6358
CIIEtid
Ground upon which petitioner relies for the granting of the variance. PeglncDCsection:
9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line
A. Thecoastal construction setback lmeshall bethatcoastal construction setbackline established bythe DEP of
theStateof Florida pursuantto F.S. § 161.053and recorded in Coastal setback IineBook 1, pages 1 through 12
inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County,
Florida.
B. Setbacklinesestablished underthis LDCshallbereviewed upon petitionofaffected riparian uplandowners.
The BCC of CollierCounty shall decide, afterdue public notice and hearing, whethera change in the setback line is
justified, andshall notifythe petitionerinwrifing. The presentsetbacklinesarepresumed to be collect, and nochange
in setbacklines are presumedto be correct, and no change in setback lines shall bemade except upon anaffirmative
showing by pefifionerthat anyconstruction lineestablished hereunderis a minimumof 150feetlandward ofthe mean
high-water line or seventy-five (75) feet landward of the vegetation line whichever is greater; and that considering
ground elevations in relation to historical storm and hurricane tides, predicted maximum wave upmsh, beach and
offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland
• development, that the general public health and welfare are preserved, upland properties protected, and beach and
sand dune erosion controlled.
C It shall be unlawful for any person, firm,corporation, oragency, public or private, to construct, reconstruct, or
change existing structures, make any excavation, remove any beach material or otherwise alter existing ground
elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or
the vegetation growing thereon andfor seaward of said dune, seaward of the coastal construction setback line, except
as hereinafter provided.
D. If in the immediate contiguous or adjacent area a"number of existing structures" have established
reasonably continuous and uniform construction line closerto the line of mean high waterthan the I! ne as herein
established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be
permitted along such lineifsuch proposed structure is alsoapproved bythe BCC.
E. The BCC may authorize the construction of pipelines or piers extending outward from the shoreline, unless it
determines that the construction of such projects would cause erosion of the beach in the area of such structures.
F. Reserved.
G. Procedures for obtaining variance.
1. Awritten petition requesting a variance from the established setback line shall be filed with the BCC
orthei rdesignee. The petition shall setfodh:
a. Adescription of petitioner's property to include the information requested on a current
Collier County request for a coastal construction setback line variance form;
• b. Adescription ofthe established setback line andthe linewhich petitionerwishestobe
varied;
C. Thejustifcation upon which the petitioner relies forthe granting ofthe variance, to include
compliance withthe CollierCounty growth management plan, conservation and coastal
management element.
Page 2 of 43
CACT County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE •
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
ENVIRONMENTAL PLANNING (239)252-2400 FAX(239)252-6358
www.eollieraov.neUesd
I ha read and nderstand the applicable sections of the Collier County Land Development Code.
V
gn re ofProperty Owner ate
SUBMITTAL REQUIREMENTS
Non-refundable Application Fee: $1000 (Make check payable to Board of Collier County Commissioners)
o Advertising Fee: $800 (thisisanestimateandcould bemoreorless)
s An 814 x 11 reduction of plot plan in cases where plat plan is larger than 8 %x 11
k Addressing Checklist
0 DEP Permit, if a permit has been issued (required prior to starting construction)
W An aerial photograph with the property clearly delineated (highlighted) and the proposed areas for site
improvements.
r Site Plan which must contain the following (refer to LDC 9.04.06 as well)
o General locationoflot, all lotdimensions
o All existing structures and their exact yard setback distances
o Location of area of the proposed work
o Location of the landward and seaward edges of the dune (vegetation line) and a rough profile of •
the existing dune
o Approximate locations of existing structures on adjacentlots
o Vegetation inventory in the area of proposed work
o The location of all proposed structures in relation to the CCSL
o The location and exact distance from the CCSL for all structureswhich are being used tojustify your
petition
o Show that the proposed structures are a minimum of 150 feet landward of the mean high -waterline
or 75 feet landward of the vegetation line, whichever is greater
o Demonstrate that this proposed variance does not negatively affect public health and welfare,
upland properties, cause beach or dune erosion. Showfinal elevation in relation to historical storm
and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the
vegetation line, erosiontrends, the dune orbluffline, ifany exist, andexisting upland development
o The established Coastal Construction Control Line as established by law(1974)
o Furtherinformation may be requested as partofthe review
f If !its necessary to use a vehicle on the beachforcompletion of the project, a Vehicle on the Beach Permit shall
be obtained and the work shall be completed prior to Sea Turtle Nesting Season (May 1 ai through October
31 ")
0 A Listed Species Survey and fee may be required — to be determined after first review
s Return completed application package to:
Growth Management Division
Intake Team
2800 N Horseshoe Drive
Naples, FL 34104
E
Page 3 of 43
• FOR PETITION NUMBERS(S)
AFFIDAVIT OF AUTHORIZATION
1 Rob Longwell and Pamela Gibson Longwell (print name), as owners (title, if
applicable) of 10073 Gulf Shore Drive, Naples, FL (company, If applicable), swear or affirm
under oath, that I am the (choose one) owner0 applicant =contract purchaser=and that:
1. I 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 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. Well authorize Humiston & Moore Engineers 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. pres. 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 for that ownership.
•
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that
f s stated in it are true.
Signature 0 Date
STATE OF FLORIDA
COUNTY OF COLLIER
Th&Aoregoing instrument w s sworn to (or affirmed) and subscribed before me on �l a4 JI 7 (date) by
0 to UO', w.c t I 4- �a G'60') L.ol ruxu I (name of person providing oath or affirmation), as
O uJ1 tis who ' ersonally known tome or who has produced
(type of identification) as identification. 'T)" t
STAMP/SEAL Signatuie of Notary Public
CF\08-COA-00115\155
REV 3124114
Page 4 of 43
(OVERALL LINE)
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97.03' ( REBAR TO COASTAL CONSTRUCTION LINE01 40ep
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I I
LEGAL DESCRIPTION. LOT 33, BLOCK A,
RE -SUBDIVISION OF PART OF CONNER'S
VANDERBILT BEACH ESTATES UNIT NO. 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3, AT PAGE 18, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
SITE PLAN CPG 1)
N.T.S.
SITE ADDRESS.-
10013
DDRESS:10013 GULF SHORE DRIVE
NAPLES, FLORIDA 34108
711117
Page 5 of 43
Nb
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(OVERALL LINE)
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577'59'10"W 285.00' P I
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LEGAL DESCRIPTION: SITE PLAN CPG 2) LOT 33, BLOCK A, N.T.S.
RE—SUBDIVISION OF PART OF CONNER'S
VANDERBILT BEACH ESTATES UNIT NO. 1, SITE ADDRESS.-
ACCORDING
DDRESS.ACCORDING TO THE PLAT THEREOF RECORDED IN 10073 GULF SHORE DRIVE
PLAT BOOK 3, AT PAGE IB, OF THE PUBLIC NAPLES, FLORIDA 3410E
RECORDS OF COLLIER COUNTY, FLORIDA. 7/7/17
0 0 Paof 43
Name of Applicant: Rob Longwell and Pamela Gibson Longwell
Property ID: 27530120006
Variance Petition Application 9.04.06 •
Specific Requirements for Variance to the Coastal Construction Setback Line
Date Prepared: May 24, 2017
Agent: Humiston & Moore Engineers; Brett D. Moore, P.E.
Below find the information required in 9.04.06 of the Collier County Land Development Code
Section G Procedures for obtaining variance
1. A written petition requesting a variance from the established setback line shall be filed with
the BCC or their designee. The petition shall set forth:
a) A description of petitioner's property to include the information requested on a current
Collier County request for a coastal construction setback line variance form;
• The Coastal Construction Setback Line Variance Petition Application is filed
along with this written petition.
b) A description of the established setback line and the line which petitioner wishes to be
varied;
• The 1974 Coastal Construction Control Line as recorded in Coastal Setback Line
Book 1, Pages 1-12 recorded October 3, 1974.
c) The justification upon which the petitioner relies for the granting of the variance, to
include compliance with the Collier County growth management plan, conservation and
coastal management element. •
• The existing single family residence was granted a variance (98-269) issued July 28, 1998,
264.6' feet seaward of the 1989 CCCL, or 50 feet seaward of the 1974 CCSL). The
Department of Environmental Protection (DEP) issued CCCL Permit CO -644 dated
November 2, 1998 which included the frangible pavement slabs (brick pavers), on the
north side and seaward of the dwelling extending approximately 279.2 feet seaward of the
1989 CCCL. Brett Moore of Humiston & Moore Engineers, met County staff on site at the
time of the 1998 variance issuance, and there were no issues with the pavers and no
additional variance processing was required at that time. The existing single family
residence or the seaward pavers have not been unduly affected by erosion.
• The proposed project includes removal of the existing single-family residence and
construction of a new single-family residence with exterior lighting meeting Section
3.04.02 of the Collier County LDC, reducing the seaward extent of the structure from the
authorized 50 feet to 31 feet 10 inches seaward of the 1974 CCCL. Based on a current
survey, the existing residence and deck extend up to approximately 47 feet seaward of the
1974 CCSL with stairs and a brick patio extending up to 58 feet seaward.
• Landscaping and required dune enhance are being reviewed under PL20170000191.
Several variances have been approved by the County within this area of coastline. An aerial exhibit is provided
as supporting documentation showing the variances issued along this area of coastline; refer to the aerial
exhibit.
•
Page 7 of 43
Collier County's Conservation and Coastal Management Element is divided into thirteen (13) separate goal
areas. These are summarized as follows: The applicable responses to each element are listed after each item
in italics.
1. Protection of natural resources: The proposed project will result in a reduction of the residential structure
and related construction from a maximum of 58 feet to 31 feet 10 inches seaward of the 1974 COL. The new
single-family residence is designed such that the indoor habitable limit of the new residence will extend a
maximum of 8 feet 8 inches seaward of the 1974 CCSL with the following non -habitable elements extending
no further than 31 feet 10 inches feet seaward of the 1974 CCSL:
• Ground level: Beach patio and storage,
• First elevated level: Swimming pool with a spa, outdoor living area, and covered open air patio. 7
feet 4 inches of habitable space, master suite, reception, and family/leisure,
• Second elevated level. Sun deck and covered open air patio/deck. 8 feet 8 inches of habitable
space; flex/game room.
The new proejct will meet current coastal development standards including FEMA and the Florida
Building Code and all exterior lighting will be designed to comply with the requirements and
guidelines of the Florida Fish and Conservation Commission (FWQ standards for protection of nesting
marine turtles and their hatchlings.
2. Protection of surface and estuarine water resources: This project does not effect this element
3. Protection of groundwater resources: This project does not effect this element
4. Protection of freshwater resources: This project does not effect this element
S. Protection of mineral and soil resources: This project does not effect this element
6. Protection of native vegetation and wildlife habitat;
a. This request is made for a variance from LDC section 9.04.06. The proposed construction is
• over 198 feet landward of the mean high water line and 110 feet upland of the vegetation
line. The existing wooden deck, seaward of the existing residence has had no negative
impact on native vegetation and wildlife habitat. In addition, reference to Collier County
project number PL20170000191 under review included dune enhancement of native dune
stabilizing plantings to enhance the dune area, controlling beach and sand dune erosion
and invasive exotics within the dune area will be removed The proposed dune is consistent
with the natural dune alignment for this area. This section of the beach is within the Collier
County Beach Restoration program which has resulted in an improved beach since 1996.
This section of the beach is monitored by the County annually.
b. No sand material will be removed from the beach seaward of the 1974 Setback.
7. Protection of fisheries and wildlife: This project does not adversely affect this element.
8. Maintenance of existing air quality: This project does not affect this element
9. Management of hazardous materials and hazardous wastes: This project does not affect this element.
10. Protection of coastal resources: This project will have no adverse impact on coastal resources.
The existing wooden deck, seaward of the existing residence has had no negative impact on coastal
resources. In addition, reference to Collier County project number PL20170000191 under review,
included dune enhancement of native dune stabilizing plantings to enhance the dune area. The
proposed lighting has been designed to comply with sea turtle lighting requirements of the local and
state requirements for sea turtle protection. The landward siting of the project will not have a negative
impact on the potential for interaction with the natural functioning of the beaches and dunes.
11. Protection of historic resources: This project does not affect this element
12. Hurricane evacuation and sheltering: This project does not affect this element
• 13. Avoiding duplication of regulations: Not applicable
Page 8 of 43
PROJECT LOCATION
LEGAL DESCRIPTION
LOT 33, BLK A, RE—SB PT
UNIT 1,CONNERS V. B.
EST -ST 29, TP 48S,RG 25E
0 5n 1W
IIf
SCALE: 1'=fOP
UAiEOFPXOTOGRMX:ERN OF ZII1S
PROTOORMX Po ERP OF
COWER LLS MPRNSERSOFSME.
E%HIBR FOR ILLUSTPATIVE NRPPSE60NLT.
I
�r
~S,
'HOTOGRAPH — COLLIER COUNTY 56]9 STRAND COURT
PROJECT LOCATION NAPLES, FL 34110
LF SHORE DR. FAX: (239) 594-2025
7 FILE: AERIAL SCALE: 1"-100' PHONE: (239) 594-2021
DATUM' NONE FIGURE•NA wI,—iumisfonandmoore.Com
Page 9 of 43
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APPLICANT: LONGWELL I
PROPOSED NEW RESIDENCE
WITH ELEVATED POOL I
COVERED ELEVATED
DECK
LLiY`l�
9.00.06 SPECIFIC REQUIREMENTS FOR
VARIANCETOTIIECCSL
REFERENCE REQUIRED DIST. ACSUALDIST.
LOCATION
MHWL 150 202
VEG. LINE 75 113
HABITABLE LIMIT
APPROX. PROPERTY
BOUNDARY
102' —
C,
II CJJ
N
ELEVATED POOL -
OPEN ELEVATED
DECK
1. NNW, VEG. LINE, ECL, AND PROPERTY BOUNDARIES ARE
BASED OF D&W SURVEY COMPLETED ON 03/06/2017. ,
2. SITE PLAN IS BASED ON RG DESIGN, INC.
PLANS DATED 05/18/2017.
3. AERIAL PHOTOGRAPH IS DATED 11/2016 AND
PROPERTY OF CCPA. `
4. EXHIBIT IS. FOR ILLUSTRATIVE PURPOSES ONLY.
CMSRL
5579 STRAND COURT
NAPLES, FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humlolonanEmoor .00m
Page 10 of 43
Page i t of 43
•
•
•
Photographs taken on June 17, 2016 at 10073 Gulf Shore Blvd. - H&M 26011
1. Front view looking west along southerty property boundary.
2. Front view looking west along northerly porperty boundary.
Page 12 of 43
i
•
•
•
Photographs taken on June 17, 2016 at 10073 Gulf Shore Blvd. - H&M 26011
5. View looking north along Setback Line.
6. View looking south along Setback Line.
Page 14 of 43
Photographs taken on June 17, 2016 at 10073 Gulf Shore Blvd. - H&M 26011
7. View looking west along northerly property boundary.
8. View looking west.
Page 15 of 43
•
•
L
•
•
•
Photographs taken on June 17, 2016 at 10073 Gulf Shore Blvd. - H&M 26011
9. View looking west.
10. View looking west along northerly property boundary.
Page 16 of 43
Photographs taken on June 17, 2016 at 10073 Gulf Shore Blvd. - H&M 26011
11. View looking north along dune.
12. View looking south along dune.
Page 17 of 43
•
•
•
•
Photographs taken on June 17, 2016 at 10073 Gulf Shore Blvd. - H&M 26011
13. View looking south along dune.
14. View looking north along dune.
Page 18 of 43
Photographs taken on June 17, 2016 at 10073 Gulf Shore Blvd. - H&M 26011
15. View looking east from beach.
A
16. View looking east from beach.
Page 19 of 43
•
0
•
•
•
Photographs taken on June 17, 2016 at 10073 Gulf Shore Blvd. - H&M 26011
17. View looking east from beach.
,FYI
18. View looking east from beach.
Page 20 of 43
Photographs taken on June 17, 2016 at 10073 Gulf Shore Blvd. - H&M 26011
,t.
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19. View looking east from beach.
20. View looking east from beach.
Page 21 of 43
•
•
0
•
9
Photographs taken on June 17, 2016 at 10073 Gulf Shore Blvd. - H&M 26011
21. View looking east from beach.
22. View looking east from beach.
F
Page 22 of 43
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CODE 62B-34.160
EFFECTIVE GATE OF APRIL 7, 2010
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NAPLES, FLORIDA 34108
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EFFECTIVE DATE OF APRIL 7. 2010
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NAPLES, COLLIER COUNTY
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SCALE 1
DATE OF PHOTOGRAPH: NOVEMBER 2016.
PHOTOGRAPH PROPERTY OF
COWER COUNTY APPRAISER'S O ^
EXHIBIT FOR ILLUSTRATIVE PURPOSES
ON ONLY.
EXIT 11
`)t.
5679 STRAND COURT
NAPLES, FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humiatononEmoore.eom
Page 31 o143
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Page 1 of 1
Collier County Property Appraiser
Property Summary
•
Parcel No. 27530120006 Site Adr. 10073 GULF SHORE DR, NAPLES, FL 34108
Date
Name/ Address LONGWELL, ROB
Amount
PAMELA GIBSON LONGWELL
13910 FACTORY LANE
02/16/16
City LOUISVILLE J State KY 1 Zlp 40245
$ 0
Map No. Strap No. Section_ Township Range 1— Acres -e.EEtlmarid
3A29 233500 A 333A29 29 _ 48_. _25 ff 100.65
01/13/16
Legal CONNER'S VAN DERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 33
$ 7,500,000
Millace Area164 Millaae Rates* 'Calculations
SubJCondo 233500 - CONNERS VANDERBILT BCH i1 REPL Sc Other— Total
REPEAT PART OF UNIT 1 __ _
04/27/10
_
Use C • 1 -SINGLE FAMILY RESIDENTIAL 5.245 6.208 11.453
1
$ 0
Latest Sales History 2016 Certified Tax Roll
I d d t Confidentiality) (Subject to Change)
06/05/02
(Not all Sales are l ste us o o
Date
Book -Page
Amount
land Value
$ 5,580,000
02/16/16
5247-1645
$ 0
(+) Irnprotred Value
$ 374,393
01/13/16
S247-1647
$ 7,500,000
Market Value
$ 5,954,393
04/27/10
4560-3060
$ 0
(-) 10% Cap
- -- - - - --
$1,332,709
06/05/02
3050-1089
$0
04/27/00
2668-2777
$ 0
(_) Assessed Value
$ 4,621,684
04/27/00
2668-2775
$ 0
(-) School Taxable Value
$ 5,954,393
06/05/97 _
2319-2422
S 1,250,000
(=1 Taxable Value
$4,621,684
04/29/97
2306-3019
$ 0
R all Values shown above equal this parcel was created after the Final
06/22/93- _
1838-175 "�
$ 0
Ta. Goll
06/01/88
3,354-2361
$ 0
•
Page 33 of 43
http://www.collierappraiser.com/Main_Search/RecordDetail.htrnl?FoliolD=27530120006 5/17/2017
c:
INSTR 5234885 OR 5247 PG 1647 E -RECORDED 3/2/2016 3:54 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC6.70 $52,500.00 REG $18.50
CONS $7,500,000.00
Prepared by and return to:
Maria Francesca Passerl
Attorney at Law
Salvatori, Wood, Buckel, Carmichael & Lottes
9132 Strada Place Fourth Floor
Naples, FL 34108
239-552-4100
File Number: ddp Scheppner
Consideration: $7,500,000.00
Space Abovelhis Line For Recording Data]
Warranty Deed
This Warranty Deed made this J day ttRry een Jacqueline K, Scheppner and Kathleen A.
Scheppner, whose post office address is 52 o nwooi Salt Lake City, UT 84117, grantor, and Rob
Longwell and Pamela Gibson Longwell, s and wife, whose po e� address is 13910 Factory Lane, Louisville,
KY 40245, grantee: /
(Whenever used herein the terms "grantor"
individuals, and the successors and assigns o
Witnesseth, that said grantor, for
good and valuable considerations to
has granted, bargained, and sold to
situate, lying and being in Collier Co
Lot 33, Block A, a Re-Subdivil
No. 1, according to the map or
Collier County, Florida.
grantee, and
orida to -wit:
Parcel Identification Number: 27530120006
of CONNER'S
the heirs, legal representatives, and assigns of
10/100 DOLLARS ($10.00) and other
eipt whereof is hereby acknowledged,
forever, the following described land,
ILT BEACH ESTATES, Unit
3, page 18, Public Records of
Each of said Grantors warrant that at the time of this conveyance, the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a
part of the homestead property of any member of Grantor's family.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2015.
DoubleTimeo
Page 34 of 43
*** OR 5247 PG 1648 ***
Signed, sealed and delivered in our presence:
Witness Name:'.
Witness Name: AL
tf .
Witness Name: Ce ✓1
Witness Name:
State oft
County of
The foregoing instrument waylacl
L] is personally known or [ A has
[Notary Seal] MARIAI
t
Nolary P
_• : : e My Comm.
Commi:
BondedPwo
State of 8YI e�G1
County of Z
Kad en A. Scheppner
4),qu lirl K. Scheppner
Go��IE�T
01 Florida PYn'nNe
r 11, 2018
111568/�N ary Assn. f
2016 by Kathleen A. Scheppner, who
The foregoing instrument was acknowledged before me this 3Y° day of January, 2016 by Jacqueline K. Scheppner,
[
who j is personally known or [ t/jhas produced a driver's license as identification.
[Notary Seal]
MARIA FRANCESCA PASSERI
�4�Y ►Vs�4
Notary Public - State of Florida
3 •[Ing. My Comm. Expires Apr 111. 2018
Commission B FIF 111568
Bonded ThrmphNational Notary Assn.
Warranty Deed - Page 2
�eMWIL44tLA4�
Notary Public
Printed Name:
My Commission Expires:
DoubleTfinee
Page 35 of 43
•
•
•
•
12cz
RF;SOI,U'no1N NO. 98- 269
RESOLUTION APPROVING PYTI r1O,\ C'C;SL-911-4.
RF,QUF,STINC; A %-ARIA.NCF. FROM T11F. C'O:1S rm,
C'O\STRUCI'ION SIETRACK LINE (CCS1J 7 O ALLOW
'I'llIE RECONSTRUCTION OF AN F.XIS'1'lN(; RFSIDF.NCE
LOCATED AT LOT 33. BLOCK A, RF -PLAT OF UNIT I,
CONNF:R'S \'ANDERB11,'1' 11F,1CIE F:S'1'A'1"ES. SEC 1Oi\
29,'rOwNS1111' 48 SOUTH. RANGF. 25 FAST'. C'OLLfFIt
COUNTY. FLORIDA.
\VIIERFAS. Brett I). \inure. 1I.1{. of ltumistnn .� Moore Fnttnccrs. rcpreseming
.\.('. ,incl Unrnthy C. Snceppncr. requests a variance from the ('Oastal Construction
Setback Linc (C'C'St.). as required by the ('allicr County (.)rdinancr 71-1O?. Ulxision
3.13.:1s wncndcd. to allow tier the reconstruction of an cxlslUng sntLEc lankly residence
(See Exhibit M. and
W11FREAS. the proposed reconstruction is ;giltroxitttatrl\. 5t) lixl seaward of
the C'C'SL and will he no more scaward than the existing hui ding. anal
WHFRF.AS. the petition is coltsistcttt with the Collier Cbunty Land Developntcltt
Code. Division 3.13: and
WH ERFAS. the request is consislenl %%'ilh Objective 11 4 of -111C Conservation
and Coastal Management Flentent ol'thc Colficr ('aunty Oirnwd) .fanagcncnt PLut; and
WFIERF:AS. Ordinance 91-102 Section 3.9.6.6 requires rentoval and
nrlcnlellance for prohibited exotic vegetation.
NoW.I'll EREFORE. i3F, IT RESOI,\'Fa) Ill" 1'11F: BOARD OF COUNTY
CO31111SSIONFRS OFC'ONAER COUNTY. FLORIDA, that.
Variance Petition C'CS1,98-4, to allow reconstruction ora single foody borne, be
apprrtycd Subjccl to the follm% ing stipulations:
7. All proposed improvements shall he designed in accordance kith the standards orthe
Florida Department of Eltyironnicnlal Protection (FnEP) Division of l3cachcs and
Shores and an approved FDEP permit shall he obtained, and copies provided, prior to
issuance of a C ollicr County 13uilding Permit.
2. ConslrllCCi011 activities s11:111 not recur within one hundred (ltnt) legit nrthe sea turtle
nesting rune, ciclined by Utillier County land t)erclapmrnl Code Division 3.1O.
hearten Slap 1 . Ol-tUber 31, sea male nesting scuson. ccrlhnut lirsl suhntitling tinct
,+ht:nnntL FUI:P and Collar ('chilly Construction in Sea Turtle \estin%-, Ann Permit
Page 36 of 43 T. __
3. Petitioner shall nolifp the Current Planning; Environmental Staff tine week prior tti
commencing, work seaward of the C'C'SI, and shall agairt emit;ie•t StAT within one
week following completion of work seaward cif the C'C'SI..
4. Outdoor lig liting associated with constniction, or development within three hundred
(300) feet of the high tide line, shall he in cuniphance wall Division 3,10 of the
Collier County i.and Development Code.
5. Petitioner shall utilize only native coastal dune %-cuctation Air all on-site landscaping
hcvond the 1974 Coastal Constntctinn Control Linc -
6. Petitioner shall install appropriate signs in the re -vegetation arca indicating that beach
users arc requested not to intrude into this rc-vcgeiatinn arca.
i
Petitioner shall remove all exotic vegetation Inmt the subject property in accordance
with Section
3.9.6.6 of the Collier County Land Development Code.
8. Minor revisions to Coastal Consiniction Sethack Line Variance C('SI_-95-4
tincluding changes in siting incl structures) may be approval, in writing, by the
Planning Services Director or his her designee.
This Resolution ad"I'led alter motion. second anil majnnt% %ote.
DON('.' AND ORDERFI) this day til' :
_&, _ . 1')98-
0ATI::
ATTEST:
DWIGI IT F. IJ ROCK. Clerk
7r-k-fY C1-ERK
Approved as to Forni and Legal
Sufficiency:
Ilcleidi Ashimi
Assistant Cotuty Artomey
BOARD OF C01,'NTY CONlMISSIOVI;I(ti
('UI.I.IF?R
COUNTY. FLORIDA
IP* fi. ljRR . C'1 -' - �k
Page 37 of 43
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Page 38 of 43
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S)
Rob Longwell and Pamela Gibson Longwell (print name), as owners (title, If
applicable) of 10073 Gulf Shore Drive, Naples, FL (company, If applicable), swear or affirm
under oath, that I am the (choose one) ownerQapplicant =contract purchaser=and 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 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. Well authorize Humiston & Moore Engineers 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. pres. 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 for that ownership.
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that
f s stated in it are true.
Signature bate
STATE OF FLORIDA
COUNTY OF COLLIER
Thg4oregoing instrument was sworn to (or affirmed) and subscribed before me on 5l at4 � 1 (date) by
0 to L -4q A ttX t I 4- Ott a G'1401 L-01 r vAl 1 (name of person providing oath or affirmation), as
i n d U V% G( Cl O W l e .0 who ' ersonally known tome or who has produced
(type of identification) as identification. T)",
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STAMP/SEAL Signat r
of Notary Public
CP\08-COA-00115\155
REV 3/24/14
Page 39 of 43
•
LONGWELL
10013 GULF SHORE DR
FILE PATH,
naos wom+
SECTION -29 TOWNSHR RANGE -25E
•
SITE ADDRESS:
10073 GULF SHORE DRIVE
NAPLES, FLORIDA 34108
10/24/17
•
EXISTING MASSING STUDY
(WEST ELEVATION)
N.T.S.
4 ♦ .24'-0' TOP OF SEAM
o 44'-0' 2ND FLP- ELEV.
�, .12'-0' TOP OF BEAM
— — — —
— —
9�0'-0' FINISHED FLR ELEV.
-2'-2' BOT. STRUCTURE _
FEMA MM. ELEV.
(13m0' NAVO)
PROPOSED MASSING STUDY
(WEST ELEVATION)
N.T.S.
PT)
Page 41 of 43
—� -- — — — — — -�Nkl — — 1 6.20'-0' TOP OF BEAM
— — — — — 8�411�.lAM
— — — — — — — I — — — I I �,0'-0' FINIBNED FLR
EXISTING MASSING STUDY
(SOUTH ELEVATION)
N.T.S.
-F-1 - - - - - - - - - - - - --1 - - - - - - -
SITE ADDRESS:
10073 GULF SHORE DRIVE
NAPLES, FLORIDA 34108
24/17
PROPOSED MASSING STUDY
(SOUTH ELEVATION
10.
— + .24'-0' TOP OF BEAM
44'-0' 2ND FLR ELEV.
d2'-0' TOP OF BEAM
TOP OF BEAM
\ a 0'-0' FMIBNED FLR ELEV.
-2'-2' BOT. 8TRUCTUM
w FEMA MIN. ELEV.
(1300' NAYD)
-12'-0' GAR FLM (W*W PT..
��i2'-2' GAR FLP- (LOU. PT>
833' NAVD
Page*f 43
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