NUNNER Engineering & Owner Representative Services
8113 Lowbank Drive Naples, Florida 34109
239.404.0732
December 23, 2016
Collier County Government
Dan Smith
2800 N. Horseshoe Drive
Naples, Florida 34104
RE: Planned Unit Development Insubstantial Change
PL20160001023
Villas at Greenwood Lake (PDI)
Insufficiency Letter Rev. 2 RESPONSE LETTER
Dear Mr. Smith:
We have received Insufficiency Letter dated November 30, 2016. Please see below
comments repeated and responses. Responses are provided in bold text.
Updated items provided / uploaded to portal: 1. Response letter dated December 23, 2016
2. Updated Cross section - at end of this letter
3. Updated proposed Master Plan
4. Revised Text and Exhibits at end of this letter
5. HOA Documents uploaded: December 2016 Newsletter
04-28-16 Approved Minutes 6. Environmental Data
STAFF COMMENTS:
Rejected Review: Environmental Review
Reviewed By: Stephen Lenberger
Email: [email protected] Phone #: (239) 252-2915
Correction Comment 1:
Section 4.7 of the PUD document (Ordinance 98-73) requires 6.1 acres (16 percent of the
total PUD acreage), to be retained on site. The environmental data for the project states
that only 5.5 acres of preserve have been platted for the project (PB 31 PG 87) and that
approximately 0.47 acre of the existing preserve (Tract B) will be impacted for the new
security wall. Amend the PUD master plan and environmental data accordingly.
Review 2:
Comment not addressed. Environmental data amended incorrectly.
According to the Property Appraisers website, 5.54 acres of Preserve, Native Replant
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Villas at Greenwood Lake (PDI)
Insufficiency Letter Rev. 2 RESPONSE LETTER
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Areas included, have been previously platted as preserve (Tract B, Plat Book 31 Page
87). Section 4.7 of the PUD document (Ordinance 98-73) requires 6.1 acres of native
vegetation (16 percent of the total PUD acreage) to be retained within the PUD, leaving
0.6 acre of preserve still to be identified for the PUD. The environmental data for the
project states that approximately 0.47 acre of the existing preserve within Tract B will be
impacted for construction of the new security wall.
Amend the Preservation Area Plan to include an additional 0.6 acre of preserve still to be
identified for the PUD.
Amend the Native Vegetation Calculation section of the environmental data to address
the total preserve requirement for the PUD.
RESPONSE: The total required preserve equals 6.1 acres. The fence will impact 0.47 acres and this will be made up on the neighboring undeveloped parcel. The Environmental Data has been amended accordingly.
Correction Comment 2:
Native vegetation required to be retained on site shall be labeled as “Preserve” on all site
plans (LDC section 3.05.07 H.1.a). Amend the PUD master plan, other exhibits
submitted for the petition and environmental data accordingly.
Review 2:
Comment not addressed. To address, include the following note on the PUD master plan.
“The Upland Preserve and Native Replant Areas are the Preserve for the PUD.”
RESPONSE: Acknowledge and the resent submittal reflects the requested change.
Correction Comment 4:
The FLUCFCS Code numbers on the FLUCFCS Code aerial in the environmental data
are not legible. The aerial also needs to contain a legend for the FLUCFC Codes
contained on it. Other writing, scale of aerial, etc. on the FLUCFC Code aerial, is also not
legible. Please amend accordingly.
Review 2:
Comment not addressed. FLUCFCS Code aerial not updated and removed from copy of
environmental data submitted.
RESPONSE: The FLUCCS Code map was previously submitted. An additional map is provided with the amended Environmental Data provided with this submittal.
NUNNER December 23, 2016
Villas at Greenwood Lake (PDI)
Insufficiency Letter Rev. 2 RESPONSE LETTER
Page 3 of 12
Rejected Review: County Attorney Review
Reviewed By: Scott Stone
Email: [email protected] Phone #: (239) 252-5740
Correction Comment 10:
Provide a response to EACH of the PUD substantial change criteria under LDC Section
10.02.13 E.1
UPDATE 11/28/16--Please provide a response to each criteria. "N/A" is not a sufficient
response.
RESPONSE: Please see direct responses to each criteria below.
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: This application does not change 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: This application does not proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development.
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;
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Insufficiency Letter Rev. 2 RESPONSE LETTER
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RESPONSE: This application does not propose a decrease in preservation, conservation, recreation or open space areas within the development.
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: This application does not propose an 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.
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 application will not 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.
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: This application will not 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.
g.
A change that will result in a requirement for increased
stormwater retention, or will otherwise increase stormwater discharges;
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Insufficiency Letter Rev. 2 RESPONSE LETTER
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RESPONSE: This application will not result in a requirement
for increased stormwater retention, or will otherwise increase stormwater discharges.
h.
A change that will bring about a relationship to an abutting land
use that would be incompatible with an adjacent land use;
RESPONSE: This application will not bring about a
relationship to an abutting land use that would be incompatible with an adjacent land use.
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: This application is not inconsistent with the Future Land Use Element or other element of the Growth
Management Plan.
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. § 380.06(19)(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: This application will not change the PUD
district designation.
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: This application is not a substantial change and
has been deemed insubstantial by Planning Director Ray Bellows.
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Villas at Greenwood Lake (PDI)
Insufficiency Letter Rev. 2 RESPONSE LETTER
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Correction Comment 12:
Please provide evidence that this proposed change has been discussed/approved by the
HOA.
UPDATE 11/28/16--Please clarify whether the HOA has approved the relocation of the
preserve. The minutes appear only to address the installation of a wall, but not the need to
relocate the preserve area.
RESPONSE: Please see response from HOA president Richard P. Barry 12/2/16.
Documents referenced below uploaded to county portal.
The relocation of the preserve area was not something voted on as an individual item by the board. The entire project is based on the need
to secure an insubstantial change which reallocates enough preserve to install the fence and to designate land in the Phase II lot to
compensate for the change. That was the plan that was adopted when the ownership rejected a fence/hedge combination in favor of the full
fence solution.
Based on the advice of the HOA attorneys our meeting minutes have
always listed motions that have passed or been rejected and nothing more. No board has ever specified the specifics of the Q & A that
occurs or of updates on specific or general issues discussed at board meetings.
The minutes of the 04-28-16 meeting re-authorize the president and
treasurer to make all decisions up to the actual bid acceptance. The original authorization was ceded when the special assessment was
adopted. It was raised again to insure the majority of the board wanted to continue it. That includes the reallocation of the
preserve in the vacant lot which has been stated and restated to the owners on many occasions as well as any other issues that arise until
the unsubstantial change is approved. The next board vote will be to
accept the specific bid(s) based on your recommendation.
To provide some hardcopy for the County Attorney the issue of relocating preserve space is included in the December 2016
community newsletter; copy attached.
Uploaded: 1. December 2016 Newsletter
2. 04-28-16 Approved Minutes
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Villas at Greenwood Lake (PDI)
Insufficiency Letter Rev. 2 RESPONSE LETTER
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Correction Comment 13:
County Attorney Review: Please revise to state "...Ordinance No. 93-74 and Ordinance
No. 98-73, as amended...
RESPONSE: Document revised – please see below / attached.
Correction Comment 14:
County Attorney Review: Please revise to state "...Ordinance No. 93-74 and Ordinance
No. 98-73, as amended...
RESPONSE: Document revised – please see below / attached.
Correction Comment 15:
County Attorney Review: Please revise the label to state "PRESERVATION AREA IS
SETBACK 30' FROM PROPERTY LINE"
RESPONSE: This note has been revised as requested on Master Plan provided.
Rejected Review: Landscape Review
Reviewed By: Daniel Smith
Email: [email protected] Phone #: (239) 252-4312
Correction Comment 2:
Miscellaneous Corrections
Please provide an exhibit, showing a cross section of the preserve-wall-landscaping and
any easements. Show dimensions.
Rev. 2
In the Cross Section Exhibit, please show easements in relation to wall, landscape buffer,
and preserve showing code can be met.
RESPONSE: Easements are contained in the area as identified on cross section
attached. Note added to cross section below: Wall placement will not impede
internal drainage of site.
Rejected Review: Engineering Stormwater Review
Reviewed By: Richard Orth
Email: [email protected] Phone #: (239) 252-5092
Correction Comment 1:
Miscellaneous Corrections:
Amend Exhibit "A", Conceptual Site Plan, to show the setback distances from the eastern
property line and existing drainage easement to the proposed six (6) ft. wall.
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Villas at Greenwood Lake (PDI)
Insufficiency Letter Rev. 2 RESPONSE LETTER
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1. RESPONSE: Wall will be located within the 20’ buffer as shown on cross
section below and discussed with you. Note added to cross section below:
Wall placement will not impede internal drainage of site.
Correction Comment 2:
Comment No. 2
Please identify on the Preservation Area to ROW Cross Section all easements in
relationship to the proposed 20 foot landscape buffer so a determination can be made that
the landscape buffer will not intrude into the any part of the drainage or drainage
maintenance easement.
1. RESPONSE: RESPONSE: The entire area is contained in Tract “B” Buffer,
CE and DE. Refer to Plat Book 31 Pages 87 to 91. Note added to cross
section below: Wall placement will not impede internal drainage of site.
The following comments are informational and/or may include stipulations:
Applicants who are converting a paper submittal to E-Permitting must
resubmit complete sets of all plans, signed and sealed, even if they were
previously approved on an earlier review. As a reminder, all documents that
are required to be signed and sealed must be digitally signed and sealed when
submitting through our E-Permitting process. On the cover letter
please identify that previous submittals were done through paper and that
this submittal is by E-Permitting. Also, identification of the changes in cover
letter (ex. See note #23 Civil Plan Sheet 4) improves the efficiency of the
resubmittal review.
When addressing review comments, please provide a cover letter outlining
your response to each comment. Include a response to completed reviews
with stipulations.
Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a
re-submittal must be made within 270 days of this letter.
Stipulations:
Land proposed to be added to the preserve on site has been partially cleared and
impacted with exotic vegetation. A restoration plan for the preserve will be
required at time of site plan submittal for the security wall along County Barn
Road.
RESPONSE: OK
NUNNER December 23, 2016
Villas at Greenwood Lake (PDI)
Insufficiency Letter Rev. 2 RESPONSE LETTER
Page 9 of 12
Thank you and please let me know if you need any additional information.
Sincerely,
Jeffrey A. Nunner, PE
Managing Member
Nunner, LLC
Cc: Villas at Greenwood Lake HOA
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Villas at Greenwood Lake (PDI)
Insufficiency Letter Rev. 2 RESPONSE LETTER
Page 10 of 12
The “List of Exhibits” of the PUD Document attached to Ordinance No.
93-74 and Ordinance No. 98-73, as amended, the Windsong PUD, is hereby amended as follows:
LIST OF EXHIBITS
EXHIBIT A P.U.D. Master Plan, ABB File NO. 6596
EXHIBIT B UTILITIES DEPARTMENT MEMORANDUM DATED AUGUST 21, 1987
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Villas at Greenwood Lake (PDI)
Insufficiency Letter Rev. 2 RESPONSE LETTER
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Exhibit A, "The PUD Master Plan," of the PUD Document attached to Ordinance No. 93-74 and Ordinance No. 98-73, as amended, the
Windsong PUD, is hereby deleted in its entirety and replaced by Exhibit
A, "The PUD Master Plan" attached hereto and incorporated herein
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Villas at Greenwood Lake (PDI)
Insufficiency Letter Rev. 2 RESPONSE LETTER
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Preservation Area to ROW Cross Section
NTS
30’
Preservation 10’ 20’ Landscape Buffer County Barn
Area ROW
*6’ Wall
General Notes
2. Wall setback from Preservation Area is 5’ per LDC.
3. Wall excavation for footing setback from Preservation Area is 10’ per LDC.
4. Landscaping and wall specifications per requirements at time of permitting.
5. Entire area above contained in Tract “B” Buffer, CE and DE. Refer to Plat Book
31 Pages 87 to 91.
6. *Wall location within 20’ landscape buffer to be determined during insubstantial
change to construction plans. Wall placement will not impede internal drainage
of site.