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Backup Documents 10/11/2016 Item #16A15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP '- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T a. 1 1 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN ► Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. 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 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?S ,, -��i N/A 2. Does the document need to be sent to another agency for additional signatu es? If yes, N/A provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's �? signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip ? should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 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. ��, 9. Initials of attorney verifying that the attached document is the version approved by the ; BCC,all changes directed by the BCC have been made, and the document is ready for t e �� ‘ � Chairman's signature. 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$9 degrees 23'03"B along said North right-of-way line for a distance of 59930 feet; thence leaving said North right-of-way Ione stat 14 45 degrees 35'54"W fora distance of 25.55 beet thence rim 1400 degrees 35'54"W fora distance of 88.18 feet thence nm N 19 degrees 10' 16'W fora distance of 57.83 feet thence run N 41 degrees 40' Page 1of2 vonvd xiwaHD Blur Lias cat tier Z Iva rt:tn ,o/14/40 -_ 16A15 1 7 E *** OR: 3002 PG: 2089 tft 16* for a distance of 117.6E fest thence run 14 19 tlegretts 14116"W fora of 129.76 feet thew nm K 03 dgrecs 19644*S fora distance of 31,00 het toe point of tai;theace run 124.36 6 !bet along the gra of a eons concave to the Southwest hellos a os of 530.00 feet,a central of 1.3 14'391,s chord distance of 124.011 feet and a chord art;03& 2 7"35"W to a•• . enlivener theme ruts N 09 dosses 34'53".W fore of 53.24 feet tot .•:, of=ovate%theme no 113.22 feet along the art ate curve concave to the Northeast having a radius of 416.00&et,a cenusi ugh of 13 dem 20'53*,a chord of 112.97 fest and a ahead ofN 03 14' _. Woo a point of' g acy;thence ran N 03 degrees 25'5$'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- C5 ca b ry .tom. st Page 2 oil 100e Vd Ma= WV(' atce tat Ott x !V4 14:11 40114/90 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 ,