Resolution 2016-208 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.
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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 1 / day of
c, v dye. r , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK; CLERK COLLIER COUNTY, FLORIDA
t BY:
..)/r7/1/1-240 ja-esegt.
Attest as t Chat ' {'I .' ►uty Clerk D NNA FIALA, Chairman
sign ature only:
Approved as to form and
legalit :
H-idi Ashton-Cicko
Managing Assistant County Attorney
Exhibit A—Legal Description
Exhibit B —Level of Development
Exhibit C —DEO Letter
[16-CPS-01530] 100 Page 2 of 2
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1 7E
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 mare 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,run S 02 degrees 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 233A1 feet;thence nut S 72 degrees 55'17"E Lora distance of 41.94 fee:;thence
run S 25 degrees 20'41"E Dar a distance of 224.44 feat;then run S 37 degrees 54'20"E for a distance of
165.08 bet thence run S 49 degrees 20'51"E fora distance*1 727.66 feet;thence nm S 82 degrees 43'
55"E fora distance of 119.96 feet;thence run S 25 degrees 23'46"B for a dicta of 413.20 feet to the
Southeast earner of Sapphire Lakes Unit 4C,a subdivision as recorded in Plat Book 29,Page 9 and 10 of
said public records;thence rum S 70 degrees 52'54"W along the South lino of said Sapphire Lakes Unit
4C for a distance of 130.42 feet to a point on a non-tidal circular cert'thence lead said South
line run 283.53 feet along the aro of a curve concave to the Nuathwcat having a radius of 60.00 the;a
central angle of 270 degrees 45'10",a chord distance of 8429 fiat and a chord bearing of 3 86 degrees
29'54"W to a point of reverse auvst ee thence rum 5.71 Stet along the aro of a curve concave to the
Northwest having a radius of 25.00 feet,a central angle of 13 degrees 05'29%a chord dimmer of 5.70
feet and a chord bearing ofN 35 degrees 19'44"E to a point on a non-tangential line and the South line
of said Sapphire Lakes Unit 4C;thence nen S 69 degrees 53'11"W along said South line for a distances 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 u recorded in Plat Book 23,Page 28 and 29 of said public recardr thence
rem S 00 degrees 10'54"B along said Easily line fora distance of 55.93 fest;theses nm S 67 degrees
04'26'W for a distance of 257.17 fees:thence run S 00 degrees 36'19"W for a distance of 281.88 feet;
thence leaving said Easterly line m S 44 degrees 44'27"B for distance of 333.76 feet to a part a .C")a
ri
non-tangential circular corm thence nm 75.39 feet along the arc of a curve concave to the Northeast
having a radius of 63.37 feet.a central angle of 68 degrees 09'361,a chord distance of 71.02 feet and a c'
chord bearing of 306 degrees 22'18"E to a point on a non-tangential circular curve and the North In.of
Sapphire Lakes Unit 3C,a subdivision as recorded in Plat Book 31,Page 9 and 10 of said public records . .
thence atm 163.94 feet along the arc of a curve concave to the Southwest having a radius of 198.66 feet,a
central angle of 47 degrees 16'55",a chord distance of 159.33 feet and a chord beating of S 42 degrees am.
09'12"E;thence tun S 18 degrees 40'40"E for a eiistrr ce of 98.03 feet;thence rum 104.59 feet along the .sem
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 97.30 feet and a chord bearing of 3 56 degrees 09'28"E;thence rum N 86 degrees
21'56"E fora distance of 85.30 feet thence run S 03 degrees 37'24"E fora distance of 317.81 feet
thence nm 386 degrees 22'11"W for a distance of 81.05 feet;thence rum 14339 feet along the are of a
curve concave to the Southeast having a radius of 129.00 feet.a central angle of 63 degrees 41'
chord distance of 136.12 feet and a chord bearing of S 54 degrees 28'33"W;thence run S 22 degrees 40'
00"W fora distance of 184.91 feet;thence rum S 33 degrees 36'36"W for a distance of 127.22 feet;
thence rim S 00 degrees 25'27"B for a distance of 59.83 feet to the Southeast comer of Sapphire Likes
Unit 3B,a subdivision as recorded in Plat Book 27, .+•72 and 73 of said public records end the North
right-of-way line of Radio Road(County Road No.856);thence run N 89 degrees 2.5'03"B along mid
Nath right-of-way line for a distance of 59930 feet; thence leaving said North right-cif-wry line rim N
45 degrees 35'54'W fur a distance of 25.55 tbet thence tutu N 00 degrees 35'54'W fora distance of
88.18 feet thence tun N 19 degrees 10' 16'W fora distance of 57.83 fact;thence run N 41&Veal 40'
Page 1of2
400 Vd xddlH3 NNW' List caz ata T IYd tt:CT 10/Tt;/90 .,
17E
**# OR: 3002 PG: 2089 xtly
1P W for s dista ncc of 117.68 feet thence run N 19 dowses 10'16•W for a distance of 12976 feet
thaw tutu N 03 degrees 19'44"11 tars distanea of 38f.00 feet to a •. • otcurraturc thence not 124.36
kaioag the aro of*curve 000cavnt to the SOUthWeiS 1011411$aMEALS of 533.00 feet,s of 13
dogmas 14'39".a chord distance of 124,0E fret ands chord • ofN 03 17'35"W to*pato
o[I ay;thetas run N 09 degrees 54'33"W fors distance of 53.24 ftet to a point of c urvaturt
an 11322 feet slang the arc oft curve concave to the Norte basing a radius of 46600 lett a central
ayes of 13 deg res 20'53",a trlatd distance of 112.97 fret and chord herein of N 03 degrees 14'
Wm a pointof tangency;furter rum N 03&Etna 23' $"B fora diatom of 11037 feet to a paint of
cora h thence tura 261445 feet along the aro of a curve coaeave to the Southeast levies a radim of
4100 ret,a camel angle of 30 degrees 53'13",a chord dialtan a of 253.30 fort and a chord basing of
N111 degrees 52'35"E to a point an a ice-tmtgmttiel line;thence rtat N 33 degrees 45 32"B for a
dii w a of 36.48 fug thence tun N 22 dowses 30'32"B four a dG tense of 29.23 feet therms=NU
degrees 15'32"B fie a diatitnoa of 35.47 fest thence net N 00 degrees 00'3293 toe a distance of 24.36
frat thence tun ND depots 59'54"B for s dim ef1.29 gnat to the Ent lied of the Southeast
Qatar of said Service 33 and the West line of Sherwood Pedro'subdivision as recradod to Plat Book
25,Pages 57 through 59 of said public races*seanceatmN 00 dogrses 14'34•W aims said Bast Nos
fora distance of 1403.10 fastt+o the Hast outer mew amid Section 331 thenen run NCO degrees 1?
36"W along the East line otthe Nominees Quieter of acid Section 33 he a dieemte of 550.12 lett to an
ieteasoticn with the Saud moray Ems of Istestate 1-75(Stere linedNo.93);theme turn 1161:64
feet along the ars of a cures 000nave to the Southwest laving a tax of 11297.16 feet,a cutest aegis of
R&gram53'2r,a*bud distance of 1161.13 feet and a chord brains ofNS9 degrees 09'04"W;
Aimee run S g7 derma 53'05"W for a distemoof632.49 feet to the point of
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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
Lake Area 36.93 acres 35.49± acres 1.44 acres
Units constructed:
Sanctuary - 238
Blue Heron- 324
Sapphire Lakes - 570
`cy
Exhibit C
Rick Scott Cissy Proctor
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENT(
ECONOMIC OPPORTUNITY
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
850.245.7105 I www.floridajobs.org
www.twitter.com/FLDEO Iwww.facebook.com/FLDED
Ar equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.Ak Al!voice
telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711.
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 28-24.0 3(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 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.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