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Agenda 02/13/2018 Item #17C02/13/2018 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. An Ordinance amending Ordinance No. 93-31, the Foxfire Planned Unit Development (PUD), to approve an insubstantial change to the PUD, 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, and providing for an effective date. The subject property 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, consisting of 385+/- acres. [PL20160003062] _____________________________________________________________________________________ OBJECTIVE: To have the Board of County Commissioners (Board) affirm an amendment to Ordinance Number 93-31, as amended, the Foxfire PUD, to approve an insubstantial change to the PUD approved by the Collier County Hearing Examiner (HEX). CONSIDERATIONS: The petition is proposing 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 maintenance building has been in this location since the 1980s. FISAL IMPACT: The PDI application by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development; however, if the PDI is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Services (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order, approved by Collier County, is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please, note that impact fees and taxes collected were not included in the criteria used by staff and the Hearing Examiner to analyze this petition. GROWTH MANAGEMETN PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Because this application is not adding uses or increasing the intensity of the previously approved uses in the PUD, it is consistent with the FLUE of the Growth Management Plan. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Documents and finds no impact to the Transportation Element. Conservation and Coastal Management (CCME) Element: Environmental staff has evaluated the proposed change to the PUD Documents and finds no impact to the CCME. 17.C Packet Pg. 1733 02/13/2018 COLLIER COUNTY HEARING EXAMINER RECOMMENDATION: The HEX heard petition PDI-PL20160003062 on December 14, 2017 and recommended approval. LEGAL CONSIDERATIONS: This is an insubstantial change amendment to the existing Foxfire PUD (Ordinance No. 93-31, as amended). Pursuant to LDC Section 10.02.13 E.2 and Chapter 3, Section G.3 of the Administrative Code for Land Development, the Planning Commission or the Hearing Examiner is the final decision maker for insubstantial change applications. The BCC, on June 13, 2017 directed staff to bring insubstantial changes to Planned Unit Developments to the Board of County Commissioners for affirmation of the approving CCPC Resolution/HEX Decision in order to amend the PUD Ordinance accordingly. The Planning Commission was guided in its decision by the criteria stated in Section 10.02.13.E.2 of the LDC: “An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 [criteria for substantial changes] and shall be based on the findings and criteria used for the original application” This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff agrees with the recommendation of the HEX, including the revisions, which have been incorporated into the attached PUD Document, and recommends affirmation of the amendment to the Foxfire PUD. Prepared by: Fred Reischl, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report 10-26-17-Heidi-Bosi (PDF) 2. 2017-07-11 FF PDI NIM NOTES (PDF) 3. HEX DECISION 2017-37 Foxfire PDI (PDF) 4. Ordinance - 011718 (PDF) 5. Legal Ad - Agenda ID 4495 (PDF) 17.C Packet Pg. 1734 02/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 4495 Item Summary: ***This item has been continued from the January 23, 2018 BCC meeting.*** This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. An Ordinance amending Ordinance No. 93- 31, the Foxfire Planned Unit Development (PUD), to approve an insubstantial change to the PUD, 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, and providing for an effective date. The subject property 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, consisting of 385+/- acres. [PL20160003062] Meeting Date: 02/13/2018 Prepared by: Title: Planner, Principal – Zoning Name: Fred Reischl 01/09/2018 12:28 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 01/09/2018 12:28 PM Approved By: Review: Zoning Michael Bosi Additional Reviewer Completed 01/09/2018 1:11 PM Zoning Ray Bellows Additional Reviewer Completed 01/09/2018 4:49 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 01/11/2018 4:56 PM Growth Management Department James French Deputy Department Head Review Completed 01/12/2018 10:19 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/17/2018 1:22 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/17/2018 5:14 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/22/2018 10:20 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/24/2018 9:02 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/26/2018 9:22 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/31/2018 11:20 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM 17.C Packet Pg. 1735 PDI-PL20160003062 Foxfire PUD Page 1 of 11 October 26, 2017 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: Agent(s): Foxfire Community Association Frederick E. Hood, AICP of Collier County, Inc. Davidson Engineering, Inc. 1030 Kings Way 4365 Radio Road; Suite 201 Naples, FL 34104 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.) 17.C.1 Packet Pg. 1736 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) PDI-PL20160003062 Foxfire PUD Page 2 of 11 October 26, 2017 (Insert location Map) 17.C.1 Packet Pg. 1737 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) PDI-PL20160003062 Foxfire PUD Page 3 of 11 October 26, 2017 PURPOSE AND DESCRIPTION OF PROJECT: In a previous PUD Amendment, the golf course maintenance facility was inadvertently depicted in Tract B, not Tract E, creating a nonconforming use. In order to expand the facility, the subject PDI will make the facility conforming. The Golf Course Maintenance Facility is depicted on the currently approved Master Plan. In order to rebuild/expand this facility, this PDI proposes adding tract lines and Dimensional Standards. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the maintenance building on the subject property: North: Radio Road ROW, across from which is a vacant parcel, currently under review for multi- family residential, with the density of the PUD at 4.4 DU/A, with a zoning designation of PUD (Briarwood PUD) East: Buffer along Radio Road, with the density of the PUD at 2.43 DU/A, with a zoning designation of PUD (Foxfire PUD) South: Foxtail Court ROW, across from which are recreation facilities, with the density of the PUD at 2.43 DU/A with a zoning designation of PUD (Foxfire PUD) West: A car wash and storage buildings, (no density associated with commercial zoning) with a zoning designation of Heavy Commercial (C-5) 17.C.1 Packet Pg. 1738 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) PDI-PL20160003062 Foxfire PUD Page 4 of 11 October 26, 2017 STAFF ANALYSIS: It should be noted that the location of the existing golf maintenance facility was designated fire station within the Master Plan contained within Ordinance #81-68; however, that same location was designated golf course maintenance area within the Master Plan contained within Ordinance #84-49. The location was designated golf course maintenance area again within Ordinance #84-50. In Ordinance# 93-31 the area was called out as a golf course maintenance location, but was included within a residential development area, with no text provision to recognize the golf course maintenance use. The proposed PDI is designed to correct this specific inconsistency. Review of the past versions of the PUD shows the location was always contemplated as a nonresidential use, first as a fire station, then to a golf maintenance facility, as the current use represents. Within the changes provided for in the 1993 update, the golf course facility was identified at its current location, but included within the residential designation area without providing for text to authorize that use or dimensional standards that would apply. The PDI will provide tex t for the use authorization at the current location and standards for development compliance. 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. 17.C.1 Packet Pg. 1739 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) PDI-PL20160003062 Foxfire PUD Page 5 of 11 October 26, 2017 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 prese rvation, 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. 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? 17.C.1 Packet Pg. 1740 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) PDI-PL20160003062 Foxfire PUD Page 6 of 11 October 26, 2017 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. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? 17.C.1 Packet Pg. 1741 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) PDI-PL20160003062 Foxfire PUD Page 7 of 11 October 26, 2017 No, the proposed changes do not affect the original analysis and findings for the original application (see Findings of Fact, below). FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. PUD Findings: LDC Subsection 10.02.13.B.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 of proposed 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 existing Golf Maintenance Facility without increasing the parcel. Required open space of the PUD will not be affected. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 17.C.1 Packet Pg. 1742 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) PDI-PL20160003062 Foxfire PUD Page 8 of 11 October 26, 2017 It is staff’s opinion that the increase in size of the maintenance facility will not affect public or private facilities beyond what was approved in the existing PUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The current PUD was found consistent with the GMP and compatible with the neighborhood. The addition of the proposed permitted uses is compatible with the existing uses. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed amendment, if the change is approved, will be consistent with the PUD regulations. Rezone Findings: LDC Subsection 10.02.08.F. states, “When pertaining to the rezoning of land, the report and recommendations from the Planning Commission to the Board of County Commissioners…shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable” (Staff’s responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. The proposed use (a golf maintenance facility with an increased size) is consistent with the uses in the Future Land Use Element. Staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern. The existing land use pattern was reviewed and approved at the time of the original rezone. The proposed amendment will not substantially alter that pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. No isolated districts will be created through this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This amendment will not affect existing district boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The applicant states that increased golf course maintenance make the larger facility necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 17.C.1 Packet Pg. 1743 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) PDI-PL20160003062 Foxfire PUD Page 9 of 11 October 26, 2017 A golf course, and maintenance facility, is generally compatible with the residential uses in the PUD. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak 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. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. 17.C.1 Packet Pg. 1744 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) PDI-PL20160003062 Foxfire PUD Page 10 of 11 October 26, 2017 The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density, and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are other parcels in the County suitable for maintenance uses. However, the existing golf course for Foxfire requires maintenance. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project requires minimum site alteration, since the facility already exists. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County staff who is responsible for jurisdictional elements of the GMP as part of the PUD process and staff has concluded that the Level of Service will not be adversely impacted with the commitments contained in the PUD Document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (Board) shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on July 11, 2017 at Foxfire Golf & Country Club, 1030 Kings Way, Naples, Florida 34104. A NIM summary is attached. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney’s office on October 11, 2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20160003062 and forward the petition to the Board (BCC) for affirmation. 17.C.1 Packet Pg. 1745 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) PDI-PL20160003062 Foxfire PUD Page 11 of 11 October 26, 2017 PREPARED BY: _______________________________________ _____________________ FRED REISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: _______________________________________ ______________________ RAYMOND V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION APPROVED BY: ________________________________________ ______________________ MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION 17.C.1 Packet Pg. 1746 Attachment: Staff Report 10-26-17-Heidi-Bosi (4495 : Foxfire) Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 M E M O R A N D U M 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 • 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. 17.C.2 Packet Pg. 1747 Attachment: 2017-07-11 FF PDI NIM NOTES (4495 : Foxfire) 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 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. 17.C.2 Packet Pg. 1748 Attachment: 2017-07-11 FF PDI NIM NOTES (4495 : Foxfire) 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. 17.C.2 Packet Pg. 1749 Attachment: 2017-07-11 FF PDI NIM NOTES (4495 : Foxfire) 17.C.3 Packet Pg. 1750 Attachment: HEX DECISION 2017-37 Foxfire PDI (4495 : Foxfire) 17.C.3 Packet Pg. 1751 Attachment: HEX DECISION 2017-37 Foxfire PDI (4495 : Foxfire) Words underlined are added and words struck thru are deleted. SECTION IV TRACT B: LOW INTENSITY 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. ****** Exhibit "A" Page 1 of 2 17.C.3 Packet Pg. 1752 Attachment: HEX DECISION 2017-37 Foxfire PDI (4495 : Foxfire) Exhibit "A" Page 2 of 217.C.3 Packet Pg. 1753 Attachment: HEX DECISION 2017-37 Foxfire PDI (4495 : Foxfire) 17.C.4 Packet Pg. 1754 Attachment: Ordinance - 011718 (4495 : Foxfire) 17.C.4 Packet Pg. 1755 Attachment: Ordinance - 011718 (4495 : Foxfire) Words underlined are added and words struck thru are deleted. SECTION IV TRACT B: LOW INTENSITY 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. ****** Exhibit "1" Page 1 of 4 17.C.4 Packet Pg. 1756 Attachment: Ordinance - 011718 (4495 : Foxfire) Exhibit "1" Page 2 of 417.C.4Packet Pg. 1757Attachment: Ordinance - 011718 (4495 : Foxfire) [16-CPS-01614/1338704/1]90 5/12/17 Words struck through are deleted; words underlined are added. EXHIBIT E Conditions of Approval 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. 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. Exhibit "1" Page 3 of 4 17.C.4 Packet Pg. 1758 Attachment: Ordinance - 011718 (4495 : Foxfire) Exhibit "1" Page 4 of 417.C.4Packet Pg. 1759Attachment: Ordinance - 011718 (4495 : Foxfire) 17.C.5 Packet Pg. 1760 Attachment: Legal Ad - Agenda ID 4495 (4495 : Foxfire)