HEX Final Decision 2017-37 HEX NO. 2017—37
HEARING EXAMINER DECISION
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 supersedes Ordinance Nos. 75-10 and 80-10, the prior
Foxfire Planned Unit Development, to show on the Master Plan the parcel lines to the
maintenance building parcel known as platted Tract 9 of the Foxfire Unit Three
Subdivision at the northwest corner of the project in Tract B Low Intensity Multi-family
Residential Development and establish setbacks and clarify the height limitations for the
maintenance building. The subject property, consisting of 385 +1- 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.
DATE OF HEARING: December 14, 2017
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections
10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition
should be approved.
ANALYSIS:
No objections to this application have been received and no member of the public spoke in
opposition.
This application clarifies lot boundaries and creates standards for the existing maintenance
facility site at the north perimeter of Foxfire, south of Radio Road. The site had been designated
for this use in prior master plans and staff subsequently issued site development plans for a
maintenance facility with accessory structures at this location, which were constructed and are in
operation.
The most recent master plan attached to the Planned Unit Development (PUD) ordinance failed
to provide lot boundary lines for the maintenance facility; the current application establishes lot
boundaries and setbacks from those boundaries. The site has been used for golf course
maintenance since approximately 1984 with an expansion in 2000. Proposed standards are
consistent with other similar standards already existing within the PUD and consistent with what
has been constructed as shown on the boundary survey attached as Page 2 of Exhibit A.
[16-CPS-01614/1384577/1]179 I of2
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160003062, filed by
Frederick E. Hood, AICP, of Davidson Engineering, Inc. representing Foxfire Community
Association of Collier County, Inc., with respect to the property as described herein, for the
insubstantial changes as fully described in the Foxfire PUD amendment and Boundary Survey
attached as Exhibit"A", and which are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—PUD Amendment and Boundary Survey
LEGAL DESCRIPTION: Tract 9, Foxfire Unit 3, Plat Book 13, Page(s) 101-103, in the
Public Records of Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
O'3)-‘
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
11 14 Ad
�n As on-Cicko
Managing Assistant County Attorney
[16-CPS-01614/1372253/1]►71 2 of2
SECTION IV Exhibit "A"
TRACT B: LOW INTENSITY Page 1 of 2
MULTI-FAMILY RESIDENTIAL DEVELOPMENT
4.4.5 Golf Course Maintenance Facilities (Facility at the northwest corner of the Foxfire PUD,as
shown on the master plan as described as Tract 9 of the Foxfire Unit Three subdivision
recorded in Plat Book 3, Pages 101-102):
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.
i. The existing metal building,soil bins with 8-foot concrete walls and chemical
storage and equipment wash building approved by SDP #2000-23 may
remain in their current locations (including a minimum setback of 11.7 feet
from the southern property line for the metal building labelled "covered
concrete pad" and a minimum setback of 14.3 feet from the western
property line for the concrete wall) as shown on the boundary survey
prepared by Stouten Cramer and digitally signed on November 3, 2017. 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 County, shall meet
the minimum setback requirements, as required by the Land Development
Code.
B. A 10-foot Type "A" landscape buffer shall be provided for the Golf Course
Maintenance Facility on all property lines with the exception of the 15-foot Type"D"
landscape buffer required along Radio Road.
C. Maximum Height: Thirty-five (35) feet within 150 feet of any Tract A: Low Density
Single Family Residential Development or Tract C: Low Density Residential
Development, and forty-five (45) feet elsewhere within the Tract as measured from
the finished grade of site or from the minimum base flood elevation required by the
Floodplain Management Ordinance formerly known as Flood Elevation Ordinance,
whichever is greater.
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Words underlined are added and words struck thru are deleted.
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