Agenda 10/11/2016 Item #16A15 16.A.15
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve declaring and acknowledging that the Green Heron Development of
Regional Impact is essentially built-out in accordance with the provisions of Section 380.06(15)(g)3,
Florida Statutes; providing findings of fact, conclusions of law, and effective dates. The subject
property is located north of Radio Road, approximately 1/2 mile west of the intersection of Radio
Road and Davis Boulevard in Section 33, Township 49 South, Range 26 East, Collier County,
Florida [Petition No.PL20160001469].
OBJECTIVE: To have the Board of County Commissioners (Board) consider an application for the
Green Heron Development of Regional Impact (DRI) to close-out the DRI and ensure the project is still
in harmony with all the applicable codes and regulations in order to ensure that the community's interests
are maintained.
CONSIDERATIONS: The petitioner is seeking to close-out the Green Heron DRI via the adoption of a
Resolution. The Department of Economic Opportunity(DEO)has issued a clearance letter dated June 14,
2016, confirming the essentially built-out status of the DRI. The petitioner is seeking an essentially built-
out status for the project under the provisions of Chapter 380.06(15)(g)3,Florida Statutes(FS).
A DRI is a development that, because of its character, magnitude, or location, addresses regional issues
impacting the environment, roadways, stormwater and emergency services with substantial effects upon
the health, safety and welfare,or more than one unit of local government.
The DRI program exists to give various regional interests, such as the Florida Department of
Transportation (FDOT) and other municipalities a voice at the bargaining table concerning large
developments that are expected to have an impact on the region. The Regional Planning Council (RPC)
reviews the DRI, and is required to analyze the effects of a proposed DRI on the region. The RPC acts as
an intermediate reviewing body; upon conclusion of its review, a report is submitted to the local
government outlining its position and recommendations. Their recommendations are used by the local
government in development order negotiations with the developer. The local government retains the
authority to make all DRI decisions subject to state review under the guidance of the RPC. Ultimately,
the decision-making authority is retained by the local government after the DRI is essentially built-out.
The Green Heron PUD/DRI permits a maximum of 1,188 multi-family dwelling units. According to
monitoring data submitted to the County, 1,152 (one thousand one hundred fifty two) units have been
constructed. The unbuilt units make up 3 percent (3%) of the total. In addition there is a small
(approximately 5-acre) commercial tract that is unbuilt. The unbuilt residential and commercial tract can
be addressed locally. The regional impacts have already been addressed.
FISCAL IMPACT: 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(CIE) of the Growth Management Plan(GMP) as
needed to maintain adopted Level of Service (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 the inclusion of impact fees and taxes collected are for
informational purposes only;they are not included in the criteria used by staff to analyze this petition.
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GROWTH MANAGEMENT PLAN (GMP) IMPACT: This project, through the original rezone and
DRI approval process, was deemed consistent with the GMP. The proposed action was reviewed by the
Comprehensive Planning staff and will not affect that consistency determination.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
does not hear Development of Regional Impact Close-out(DRICLO)petitions.
LEGAL CONSIDERATIONS:This item is approved as to form and legality.A majority vote is needed
for Board approval. -HFAC
RECOMMENDATION: To approve the petition subject to the provisions contained in the attached
Resolution closing out the DRI.
Prepared by: Fred Reischl,AICP,Principal Planner,Zoning Division,Growth Management Department
ATTACHMENT(S)
1.Resolution-080216 (PDF)
2.Green Heron DRI 84-21 Application-Prepared (PDF)
3.Green Heron DRI 84-21 Master Plan Exhibit-Prepared (PDF)
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10/11/2016
COLLIER COUNTY
`-N" Board of County Commissioners
Item Number: 16.A.15
Item Summary: Recommendation to approve declaring and acknowledging that the Green Heron
Development of Regional Impact is essentially built-out in accordance with the provisions of Section
380.06(15)(g)3, Florida Statutes; providing findings of fact, conclusions of law, and effective dates. The
subject property is located north of Radio Road, approximately 1/2 mile west of the intersection of Radio
Road and Davis Boulevard in Section 33, Township 49 South, Range 26 East, Collier County, Florida
[Petition No.PL20160001469].
Meeting Date: 10/11/2016
Prepared by:
Title: Planner,Principal—Zoning
Name: Fred Reischl
09/15/2016 12:57 PM
Submitted by:
Title: Division Director-Planning and Zoning—Zoning
Name: Michael Bosi
09/15/2016 12:57 PM
Approved B :
PP Y
Review:
Zoning Ray Bellows Level 1 Sim.Reviewer 1-8 Completed 09/19/2016 10:32 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/19/2016 1:39 PM
Zoning Michael Bosi Level 1 Sim.Reviewer 1-8 Completed 09/20/2016 9:52 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/20/2016 1:46 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 09/20/2016 4:50 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 09/27/2016 2:13 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2016 8:51 AM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/29/2016 8:02 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/29/2016 5:08 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 10:59 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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16.A 15.a;
RESOLUTION NO. 16-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
DECLARING AND ACKNOWLEDGING THE GREEN
HERON DEVELOPMENT OF REGIONAL IMPACT
ESSENTIALLY BUILT-OUT IN ACCORDANCE WITH
THE PROVISIONS OF SECTION 380.06(15)(g)3, FLORIDA
STATUTES; PROVIDING FINDINGS OF FACT
CONCLUSIONS OF LAW, AND EFFECTIVE DATES. THE
SUBJECT PROPERTY IS LOCATED NORTH OF RADIO
ROAD, APPROXIMATELY 1/2 MILE WEST OF THE
INTERSECTION OF RADIO ROAD AND DAVIS
BOULEVARD IN SECTION 33, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. c
[PETITION NO. PL20160001469]
WHEREAS, the Green Heron Development of Regional Impact("DRP')consists of a 221
acre mixed-use development located on Radio Road, east of Santa Barbara Boulevard as more (.9
specifically described in Exhibit"A,"attached hereto and incorporated herein by reference; and
0
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WHEREAS, Green Heron was initially approved as a Planned Unit Development (PUD
82-40) on May 25, 1982, and subsequently as a Development of Regional Impact on February 7, o,
1984 by DO 84-2, as amended by DO 04-03; and
0
WHEREAS, the Green Heron DRI development order contained an expiration date of
January 1, 2009; and
a,
WHEREAS, pursuant to the provisions of Section 380.06(15)(g)3, a DRI can be declared
"essentially built-out" if all of the mitigation requirements in the development order have been
satisfied, all developers are in compliance with all applicable terms and conditions of the
development order except the build-out date, and the amount of proposed development that a
remains to be built is less than 40 percent of any applicable DRI threshold; and
WHEREAS, Exhibit "B," attached hereto and incorporated herein by reference, lists the
level of development approved, constructed, and remaining within the Green Heron DRI; and
WHEREAS, the Florida Department of Economic Development has issued a clearance
letter dated June 14, 2016 confirming the essentially built out status of the DRI, a copy of which
is attached hereto and incorporated herein as Exhibit"C"; and
WHEREAS, staff has reviewed the development order and has determined that the
mitigation requirements have been satisfied and the existing development within the Green
Heron DRI is substantially in compliance with the development order.
[16-CPS-01530] 100 Page 1 of 2
8/2/16
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Pursuant to Section 380.06(15)(g)3, Florida Statutes,the Green Heron DRI is "essentially
built-out" because (a) all of the regional mitigation requirements in the development order have
been satisfied, (b) the development is in compliance with all applicable terms and regional
conditions of the development order except the build-out date, and (c) the amount of proposed
development that remains to be built within the DRI is less than 40 percent of any applicable DRI
threshold.
This Resolution adopted after motion, second and majority vote this day of
2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA
0
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BY: a)
a)
,Deputy Clerk DONNA FIALA, Chairman
(D
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Approved as to form and 04
legality: co
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Heidi Ashton-Cicko
Managing Assistant County Attorney
a)
Exhibit A—Legal Description
Exhibit B—Level of Development
Exhibit C—DEO Letter
[16-CPS-01530] 100 Page 2 of 2
8/2/16
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Exhibit B
Development Table
Development Approved Built Remaining
Type
Residential 1188 units 1152 units 36 units
Residential 137.4 acres 137.4 acres 0
Development
Area
Commercial 5 acres 0 acres 5 acres
Neighborhood 7.05 acres 7.05± acres 0
Recreation
Natural Open 34.62 acres 36.06±acres (1.44 acres)
Space o
Lake Area 36.93 acres 35.49±acres 1.44 acres
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Units constructed:
Sanctuary-238 g
Blue Heron- 324 y
Sapphire Lakes -570
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Exhibit C
E
Rick Scott Cissy Proctor
GOVERNOR _� -_ EXECUTIVE DIRECTOR
–FLO—
DEPARTMENT-0i
ECONOMIC OPPORTUNrTY
June 14,2016
Mr. Daniel L. Trescott
Trescott Planning Solutions
421 Norwood Court
Fort Myers, Florida 33919
RE: Green Heron DRI Clearance Letter;DEO File Number CL-09-2016-004
Dear Mr.Trescott: °
a)
This letter is in response to your request,on behalf of Phoenix Associates of South
Florida, Inc.,for a clearance letter pursuant to section 380.06(4)(i), Florida Statutes(F.S.), as an c?
informal determination regarding whether the Green Heron Development of Regional Impact o
(DRI) meets the"essentially built out" requirements of section 380.06(15)(g)3., F.S. N
c1:0
Based on information provided by you,the Green Heron DRI Development Order was
co
approved by Collier County on February 7, 1984, and the DRI was originally approved on 221
acres,for 1,188 multi-family dwelling units, recreational open space,recreational structures c
and facilities,golf course and club,grounds, maintenance facilities,temporary sewage
treatment plant and five acres of neighborhood convenience commercial. Your request states
that the original DRI Application for Development Approval (ADA)was incorporated by
reference in the Development Order and it analyzed 41,000 square feet of commercial on the
five acres of neighborhood convenience commercial. The Development Order was amended on
December 14, 2004,to extend the expiration date of the Development Order to January 1,
2009. You have represented that currently the Green Heron DRI has built 1,152 multi-family
dwelling units, none of the 41,000 square feet of commercial use has been built, and that all
conditions of the DRI have been met based on the monitoring reports.
The essentially built out requirements of Subsection 380.06(15)(g)3., F.S., state:
"(g) A local government shall not issue permits for development subsequent to the
buildout date contained in the development order unless:
3. The development of regional impact is essentially built out,in that all mitigation
requirements in the development order have been satisfied, all developers are in
Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399
850.245.7105 I www.floridajobs.org
www.twitter.com/FLDE 0 I www.facebook.com/FLDEO
An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice
telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 721.
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Mr. Daniel L.Trescott
June 14,2016
Page 2 of 3
compliance with all applicable terms and conditions of the development order except the
buildout date, and the amount of proposed development that remains to be built is less
than 40 percent of any applicable development-of-regional impact threshold;"
Rule 28-24.023(1)(e), Florida Administrative Code(F.A.C.), provides in part,that in
counties with a population between 250,001 and 500,000,the DRI threshold for residential
development is 2,000 dwelling units. The applicable population estimate for Collier County is
343,802 persons. The Green Heron DRI's 36 unbuilt residential dwelling units are 1.8 percent of
the residential DRI threshold;and therefore,the unbuilt residential dwelling units are less than
40 percent of the residential threshold.
Section 380.0651(3)(d), F.S., establishes the threshold criteria for retail use as: (1) more
than 400,000 square feet of gross area;or(2)provides parking spaces for more than 2,500 cars.
The Green Heron DRI's unbuilt 41,000 square feet of gross area for retail use is 10.25 percent of L
the retail threshold; and therefore,the unbuilt retail is less than 40 percent of the retail
threshold.
N
Section 380.0651(3)(f), F.S., provides in part,that any proposed development with two
or more land uses where the sum of the percentages of the appropriate thresholds in Chapter 00�
28-24, F.A.C., or Section 380.0651, F.S.,for each land use in the development is equal to or
greater than 145 percent shall be a development of regional impact. The sum of the maximum
percentages of the appropriate thresholds for each of the uses (residential and retail)within
the Green Heron DRI is 12.05 percent(residential 1.8 percent; and retail 10.25 percent),which
is 8.31 percent of the 145 percent multi-use development threshold. Therefore,based solely
on the multi-use threshold,the unbuilt development is less than 40 percent of the multi-use
development threshold.
C.)
In conclusion, based on the information provided by you,the Green Heron DRI meets
the essentially built out requirements of Section 380.06(15)(g)3., F.S. Please be advised that
the conclusions of this letter represent an informal determination based solely on the
information presented by you on the applicability of Section 380.06(15)(g)3., F.S.,to this
development. The Department has no independent confirmation of the assertions provided by
your information. This letter does not constitute final agency action and the Department
reserves all rights, pursuant to Chapter 380, F.S.,concerning this development. Further review
of the development may be required if the development represented above changes.
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Mr. Daniel L.Trescott
June 14,2016
Page 3 of 3
If you have any questions concerning this review,please contact Scott Rogers, Planning
Analyst,at(850)717-8510, or by email at scott.rogers@deo.mvflorida.com.
Sincerely,
ayl. eepell, Director
ivision of Community Development
TT/sr
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cc: Ray Bellows, Zoning Manager, Collier County Growth Management Department
Margaret Wuerstle,Executive Director, Southwest Florida Regional Planning Council L
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Co'firer County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104
www.colliergov.net (239)252-2400 FAX(239)252-6358
APPLICATION FOR PUBLIC HEARING
CLOSEOUT OF A DEVELOPMENT OF REGIONAL IMPACT (DRICLO)
PETITION NO(PL)
PROJECT NAME To be completed by staff
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Applicant(s): Mr. Steve Hovland
Firm: Radio Road Development, LLC.
Address: 3375 Pine Ridge Rd #206 City: Naples State: FL ZIP: 34109
Telephone: 239-594-7777 Cell: 239-451-7777 Fax: 239-591-2612
E-Mail Address: STHovland@me.com
Agent(s): Brian Howell
Firm: Phoenix Associates of South Florida, Inc.
Address: 13180 Livingston Rd. #204 City: Naples State: FL ZIP: 34109
Telephone: 239-596-9111 Cell: 239-451-0041 Fax: 239-596-2637
E-Mail Address: BHowell@Phoenix-Associates.com
PROPERTY DESCRIPTION
DRI Development Order Name and Number: Green Heron 84-21
Section/Township/Range 33 / 49 / 26
Provide a detailed legal description of the property covered by the application:
• If space is inadequate,attach on separate page.
• If request involves change to more than one zoning district,include separate legal description for property
involved in each district.
• If property is odd-shaped,submit 5 copies of the survey(1"to 400'scale).
• The applicant is responsible for supplying the correct legal description. If questions arise concerning the
legal description,an engineer's certificated shall be required.
C
6/3/2014 Page 1 of 3 a)
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ca a'
Attachment: Green Heron DRI 84-21 Application- Prepared (2008 : Green Heron) o'
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
Has a Public Hearing been held on this property within the last year?
0 Yes Q No
If yes,please provide a written explanation of the hearing:.
Please provide the following information on separate sheets.
E (a) If applicant is a land trust,so indicate and name beneficiaries.
(b) If applicant is a corporation other than a public corporation, so indicate and name officers and
major stockholders.
0 (c) If applicant is a limited liability company,partnership,limited partnership or other business entity,
so indicate and name principals.
CHAPTERS OF THE ADMINISTRATIVE CODE REQUIRES THAT THE APPLICANT MUST REMOVE THEIR PUBLIC HEARING
ADVERTISING SIGN(S)AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE
BOARD'S FINAL ACTION ON THIS ITEM,PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S)IMMEDIATELY.
APPLICATION REQUIREMENTS
• A pre-application meeting is mandatory prior to submitting an application to closeout a DRI
Development Order.
• The petitioner shall submit 9 copies plus the original application form. All supporting information
must be submitted with the appropriate fee to begin processing. Additional copies may be
requested depending upon distribution demands.
• The applicant and/or the designated representatives must be present at all public hearings and
meetings relative to this petition.
• All exhibits and plans submitted must be folded or reduced to a size to fit in a legal size folder.
Oversized exhibits may be used at the public hearings; however,they will become a permanent part
of the application.
• Any plans referenced as a legal exhibit shall be reduced to 8 Y: in. x 11 in. and made a part of the
development order.
'FT''' 6/3/2014 Page 2 of 3 c`=
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Attachment: Green Heron DRI 84-21 Application - Prepared (2008 : Green Heron) ;a .
9rcontY
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:
DRI Closeout
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at 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.
GENERAL REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT
REQUIRED
Completed Application(download current form from County website) 9 E ❑
Pre-application meeting notes 1 11
Completed State Close-Out form with all attachments 9
Proposed draft of Essentially Built-Out Agreement pursuant to Section 9 ❑ ❑
380.032(3),Florida Statutes with all attachments
Detailed explanation of the reason for seeking closeout 9 a
Affidavit of Authorization,signed and notarized 2
834 in.x 11 in.Graphic location map of subject site 1
Current Exhibit H/DRI DO Master Plan 9
Electronic copy of all documents in Word format(CD-ROM or Diskette) 1 x
*If located in the Bayshore/Gateway Triangle Redevelopment areas,include an additional set of each submittal
requirement
PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLWOING REVIEWERS:
❑ Comprehensive Planning:See Pre-App Sign-In Sheet ❑ County Attorney: Heidi Ashton-Cicko
❑ Addressing:Annis Moxam
1---1
Emergency Management/EMS:Dan Summers/
Artie Bay
❑ Graphics:Mariam Ocheltree ❑ Other:
❑ Transportation Planning:John Podczerwinksy ❑ Other:
Application Fee: $10,000.00
Legal Advertising:$500.00
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Attachment: Green Heron DRI 84-21 Application- Prepared (2008 : Green Heron) is
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