Backup Documents 10/11/2016 Item #16A15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP '-
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Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office r rA c icii; / (p
4. BCC Office Board of County -.1 .F
Commissioners Vt•> to kdkwo
l L
5. Minutes and Records Clerk of Court's Office 4PKr 101114\11P
)%"(13°/'1/4.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Fred Reischl,Zoning Phone Number 252-4211
Contact/ Department
Agenda Date Item was October 11,2016 Agenda Item Number 16.A.15
Approved by the BCC
Type of Document Resolution �,^ Number of Original 1
Attached p v 1(-?50 R Documents Attached
PO number or account /i
number if document is
to be recorded
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8. The document was approved by the BCC on 10/11/16 and all changes made during
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. ��,
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I:Forms/County Forms!BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A15
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday, October 14, 2016 3:50 PM
To: Reischl, Fred
Subject: Green Heron Item #16A15 (10-11-2016 BCC Meeting)
Attachments: Resolution 2016-208.pdf
Hi Fred,
A copy of Resolution 2016-zo8, adopted by the Board this past Tuesday,
declaring and acknowledging that the Green Heron DRI is essentially built-out,
is attached For your records.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
1
1ÔA1S
RESOLUTION NO. 16- 2 0 8
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.
[PETITION NO. PL20160001469]
WHEREAS, the Green Heron Development of Regional Impact ("DRI") consists of a 221
acre mixed-use development located on Radio Road, east of Santa Barbara Boulevard as more
specifically described in Exhibit"A," attached hereto and incorporated herein by reference; and
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,
1984 by DO 84-2, as amended by DO 04-03; and
WHEREAS, the Green Heron DRI development order contained an expiration date of
January 1, 2009; and
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
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 of2
8/2/16
1ÔA1S
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
c.-o -r , 2016.
ATTEST: . ' BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
: Cojik al_' BY: , il.e.c&
Attest as t• Chai'dlak,uty Clerk D•NNA FIALA, Chairman
signature only.-
Approved as to form and
legali :
L
H idi Ashton-Cicko �i
Managing Assistant County Attorney
Exhibit A—Legal Description
Exhibit B—Level of Development
Exhibit C—DEO Letter
Item# —=�
Agenda _ _
Date
Date
Re
Recd �—►-
1
De;,
[16-CPS-01530] 100 Page 2 of 2
8/2/16
6 A 1 5
17 L.
OR: 3002 PG: 2088
Exhibit A
BLUE HERON DEVELOPMENT TRACT
A Tract of land lying in the East half of Section 33,Township 49 South,Range 26 East.Collier County,
Florida and more particularly described u follows:
Beginning at the Northeast corner of Sapphire Lakes Unit 4A,a subdivision as recorded in Plat Book 28.
Page 70 and 71 of the Public Records of Collier County,Florida,tun S 02 degrecs 04'44'E along the
Easterly line of said Sapphire Lakes Unit 4A for a distance of 141.09 feet thence run S 20 degrees 16'
41"E for a distance of 233141 feet;thence run S 72 degrees 55'17'B for a distance of 4L94 fees;thence
run S 25 degrees 20'41"B for a distance of 224.44 feat•,then run S 37 degrees 54'20"E fora distance of
165.08!bet thence run S 49 degrees 20'51'E fora distance of 227.66 feet;thence rim S 82 degrees 45'
55"E fora distance of 119.96 feet;thence ran S 25 degrees 23'46"B for a distance of 413.20 bet to the
Soethhe st earner of Sapphire Lakes Unit 4C.a subdivision as recorded in Plat Bode 29,Page 9 and 10 of
said public records;thence rim S 70 degrees 52'54'W along the South line of said Sapphire Lakes Unit
4C fora distance of 130.42 feet to a point on a non-tangential circularcurve;thorns leering said South
line runt 283.53 feet along the arc of a curve concave to the Northwest having a radius of 60.00&et,a
central angle of 270 degrees 45'10",a chord distance of 84.29 feet and a chord beteg of S 86 degrees
29'54"W to a point of reverse aurvattx%thence roe 5.71 feet along the are of a curve concave to the
Northwest having a radius of 25.00 feet,a central angle of 13 degrees 05'29%a chord disaacx of 5.70
feet and a chord bearing of N 35 degrees 19'44'E to a point on a non-tangential line and the South line
of said Sapphire Lakes Unit 4C;thence run S 69 degrees 53'11"W along said South line for a di race of
193.88 feet to the Southwest corner of said Sapphire Lakes Unit 4C and the Easterly line of Sapphire
Lakes Unit 2,a subdivision as recorded in Plat Book 23,Page 28 and 29 of said public recardg thence O
run 300 degrees 10'54'B along said Easterly line for a distance of 55.93 feet thence rim S 67 degrees
04'26"W for a distance of 257.17 fres:thence rum S 00 degrees 36'19'W for a distance of 28118 suet; c a
thence kavimg said Easterly line run S 44 degrees 44'27'E for a distance of 333.76 feet to a point on a .a
non.cimgantial circular circ thence run 75.39 feet along the aro of a curve concave to the Northeast
having a radius of 63.37 feet,a central angle of 68 degrees 09'36%a chord distance of 71.02 feet and a o
chord bearing of 306 degrees 22'18"E to a point on a non-tangential circular curve and the North line of
Sapphire Lakes Unit 3C,a subdivision as recorded in Plat Book 31,Page 9 and 10 of said public reeaeds . .
thence rum 163.94 feet along the arc of a curve concave to the Southwest having a radius of 198.66 feet,a cv
central angle of 47 degrees 16'55",a chord distance of 159.33 feat and a chord bearing of S 42 degrees ,p
09'12"E;thence run S 18 dues 40'40"B for a distance of 98.03 feet;thence rut 104.59 feet slang the .ty
arc of a curve concave to the Northeast having a radius of 80.00 feet.a central angle of 74 degrees 54'
14',a chord distance of 9730 feet and a chord bearing of S 56 degrees 09'28'E;thence run N 86 degrees
21'56'E fora distance of 6530 feet thence rims 03 degrees 37'24"E fora distance of 317.81 feet
thence run S 86 degrees 22' 11'W foe a distance of 81.05 feet;thence nm 14339 feet along the ore of a
curve concave to the Southeast baying a radius of 129.00 facto'central angle of 63 degrees 41'11%a
chord distance of 136.12 feet and a chord bearing of S 54 degrees 28'33'W;thou run S 22 degrees 40'
00"W for distance of 184.91 feet;thence run S 33 degrees 36'36"W for a distance of 127.23 fie
Hence nae S 00 degrees 25'27"E for a distance of 5913 feet to the Southeast corner of Sapphire Lakes
Unit 3B,a subdivision as recorded in Plat Book 27,Page 72 and 73 of said public records and the North
right-of-way line of Radio Road(County Road No.$56);thence nm N$9 degrees 23'03"B along said
North right-of-way line for a distance of 59930 feet; thence leaving said North right-of-way Ione stat 14
45 degrees 35'54"W fora distance of 25.55 beet thence rim 1400 degrees 35'54"W fora distance of
88.18 feet thence nm N 19 degrees 10' 16'W fora distance of 57.83 feet thence run N 41 degrees 40'
Page 1of2
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16A15
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*** OR: 3002 PG: 2089 tft
16* for a distance of 117.6E fest thence run 14 19 tlegretts 14116"W fora of 129.76 feet
thew nm K 03 dgrecs 19644*S fora distance of 31,00 het toe point of tai;theace run 124.36
6
!bet along the gra of a eons concave to the Southwest hellos a os of 530.00 feet,a central of 1.3
14'391,s chord distance of 124.011 feet and a chord art;03& 2 7"35"W to a•• .
enlivener theme ruts N 09 dosses 34'53".W fore of 53.24 feet tot .•:, of=ovate%theme
no 113.22 feet along the art ate curve concave to the Northeast having a radius of 416.00&et,a cenusi
ugh of 13 dem 20'53*,a chord of 112.97 fest and a ahead ofN 03 14' _.
Woo a point of' g
acy;thence ran N 03 degrees 25'5$'B fora distanoe of$039 feet to a point of
coresturg thence ran 261145 feet along the aro of a curve concave to the Southeast hiving a radios of
41S.O0 feet,a central angle of 30 degrees 53'13",a clod of 251deed.30 feet and a bearing of
NIS degrees 52'35'E to a point an a nun4aapntlal liter,thence n on N 33 degrees 45'32*B for a
demo of 36.4$feet thence tva N 22 degree.30'324'11 for a dhow°of 29.23 het thenceram N 11
mess 15'32'B far a diatacs of 35.47 fret theme tun 1400 egress 00'32'B ter a&stor .of24 36
fleet thence run N fit degrees 59'54"B fora distance of S54.29 Beet to for Ewa line of the 3owbees t
Qastar auk'Secltan 33 and the West fixe ofSherwood Peek,a subdivision asrecorded in Plat Book
25,Pages 57 though 59 of end public thence rem N 00 degrees 14'34"W along said Bart lire
fife a&tatao of 1403.10 lest to the Part quarter some of aid Station 33;demos rat N OO demos 15'
3611'1 along the Bat Iva albs Nactinest Quarter of add Section 33 its distance of 550.12 fleet to n
housention with the South tight-40Am line of Inteneste 175(State gad No.93X theme net 1161.64
fieetaiong the ars of a curve concave to the Southwest having a:shoe of 11297.26 het,a coaxal eagle of
•
6d degrees 53'29",a thud awes of 1161.13 bateedaohed batdagofN s9 degrees 09'04*W;
true into 317*dogma 53'05'W for a&same of 632.49 bet to the Point of
age-
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16A15
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
Lake Area 36.93 acres 35.49± acres 1.44 acres
Units constructed:
Sanctuary - 238
Blue Heron - 324
Sapphire Lakes - 570
1!f. Exhibit C
Rick Scott Cissy Proctor
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENT I
ECONOMIC OPPORTUNITY 16 A 15
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:
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
informal determination regarding whether the Green Heron Development of Regional Impact
(DRI) meets the "essentially built out" requirements of section 380.06(15)(g)3., F.S.
Based on information provided by you, the Green Heron DRI Development Order was
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
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 I 107 E.Madison Street I Tallahassee,FL 32399
850.245.71005 I www.fioridajobs.org
www.twitter.com/FLDFO Iwww.facebook.com/FLDEO
An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.AL voice
telephone numbers on this document may be reached by persons using I TY/TTD equipment v'.a the Florida Relay Service at 711.
5
Mr. Daniel liTroce4 1
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.UZj(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
the retail threshold; and therefore, the unbuilt retail is less than 40 percent of the retail
threshold.
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
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.
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.
Mr. Daniel lTA 15
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.myflorida.com.
Sincerely,
• ayl eepell, Director
--Division of Community Development
TT/sr
cc: Ray Bellows, Zoning Manager, Collier County Growth Management Department
Margaret Wuerstle, Executive Director, Southwest Florida Regional Planning Council
Cq ,