Ordinance 95-30 ORDXNANCE NO. 95- 30
AN ORDINANCE AMENDING ORDINANCE NUMBER 84-21, GREEN
HERON, A PLANNED UNIT DEVELOPMENT, BY PROVIDING
FOR: SECTION ONE, AMENCMENTS TO PERMITTED USES AND
PERMITTED ACCESSORY USES AND STRUCTURES; SECTI~
TWO, AMENDMENTS TO MULTI-FAMILY SITES DEVELOPME.~
STANDARDS; SECTION THREE, AMENDMENTS TO GOLF
OTHER RECREATION FACILITIES; SECTION FOU~
AMENDMENTS TO NEIGHBORHOOD CONVENIENCE COMMERCIA~
USES; SECTION FIVE, AMENDMENTS TO MASTER PLA~
SECTION SIX, AMENDMENTS TO OPEN SPACE; SECTI~
SEVEN, AMENDMENTS TO SUBDIVISION REGULATION
EXCEPTIONS; SECTION EIGHT, AMENDMENTS TO TRAFFIC
IMPROVEMENTS; SECTION NINE, AMENDMENTS TO
ENVIRONMENTAL CONSIDERATIONS; SECTION TEN,
AMENDMENTS TO UTILITIES; SECTION ELEVEN, AMENDMENTS
TO ADD HURRICANE PREPAREDNESS; SECTION TWELVE,
AMENDMENTS TO LEGAL DESCRIPTION; SECTION THIRTEEN,
AMENDMENTS TO MASTER PLAN BY ATTACHING A NEW MASTER
PLAN; AND SECTION FOURTEEN, EFFECTIVE DATE.
WHEREAS, on March 6, 1984, the Board of County Commissioners
approved Ordinance Number 84-21, which established the Green Heron
Planned Unit Development; and
WHEREAS, Dwight Nadeau of McAnly, Asher and Associates, P.A.,
representing GMA Developers, Inc., petitioned the Board of County
Commissioners of Collier County, Florida, to amend Ordinance Number
84-21, as set forth below;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida, that:
SECTION ONE~ AMENDMENTS TO PERMITTED USES AND ACCESSORY USES AND
STRUCT~ES
The Sections entitled "Permitted Uses, and Permitted Accessory
Uses and Structures", of the Green Heron Planned Unit Development
(Ordinance No. 84-21), are hereby amended to read as follows:
PERMITTED USES:
Multi-family dwellings; recreational open space;
recreation structures and facilities; ge~ eeueee and
et~ grounds maintenance facilities; t~mpet~}ey eewaeJe
~F~em~ p~ neighborhood convenience commercial
uses.
PERMITTED ACCESSORY USES AND STRUCTURES:
Accessory uses and structures which are customary in
multi-family residential communities, in recreational
and open space areasT and ~ g~If eeurzc and
club.housc arcas; administrative, sales and rental
offices, which offices may be located in temporary or
permanent structures and may be located within a
residential, recreational or commercial structure.
F~destrian ~nd vehicular accessways/easements. lakes.
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watar manaoemen=/utilities facilities and easements are
~ermitted throuahout the deyelooment,
SIZ~'~rIO31TWO~ aMENDMINTS TO M~TI-F~ILY SITES D~ELOPME~ STA~ARDS
~e Section entitled "Oevelo~en~ Standards, Multi-Famil~ Sites",
of ~e Green Heron Planned Unit Developmen= (Ordinance No. 84-21},
here~ amended to read as follows:
D~~ ~D~DS:
~-F~ILY SI~:
Mined ~ilding setback from s~reet: ~ ~ ft. from back of
~b for ~l~i-family s~mc~ures; ~ ~ ft. from back of curb
for accesso~ s~mctures.
B=~ION~Bz ~~S ~GOLF OR~RE~TION FACILITIES
~e Se~ion en~itl~ "G01f ~ O~her Recrea~ion Facili~ies", of ~he
Green Heron Planned Unit Develo~en~ (Ordinance No. 84-21), is here~
amazed ~0 read as foll~sz
~ RE~TION FACILITIES
Maxl~m club or recreation hllding height: 2 s~ories.
Mlniu separa~ion ~ween ~ ~ princ~pal recrea~ion
~llding and ~ tract ~nda~: ~ ~ f~. from back of
~b.
Mlni~ separa~ion ~tween club or principal recrea~ion
~ilding and nearest ~lti-family lo~: 25
Ninim separa~ion h~ween =ennis courts or o~her recrea~ion
~i~en~ and street= 25 ft. from back of ~rb.
Mlnim~ separation hEwsen tennis courts or o=her recreation
e~i~ent and nearest ~lti-family lo=: 15 ft.
B=~X~FO~z ~MI~S ~IG~O~D COnVInCE CO~Cl~ USES
~e Se~ion entitled "Neigh~rhood Convenience Commercial Uses",
~f the Green Heron Planned Uni~ Development (Ordinance No. 84-21},
hereby amended ~o read as follows:
NEIGH~D COnVInCE CO~CIAL USES:
Uses petitted shall ~ lim~ed to those of ~he C-2 Zoning
Dis~ric=
Minimum building se=~ck from proper~y line: 50
M~nimum separa~ion ~tween adjoining buildings on si=e:
One-half ~he sum of the building height, bu~ not less than 15
ft.
Maximum building height: 2 s~ories.
Minimum offstreet parking spaces: As required by the Collier
County "--z-- ~-~ ..... ~nd Development q~d~.
SECTION FIVEz ~M~S TO~ST~ P~
~e Section entitled "Nas~er Plan", of the Green Heron PUD
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(Ordinance No. 84-21), is hereby amended to read as follows.
The approved Green Heron Master Plan shall also
constitute the approved ~bdlvi:ion ~a:tcr Plan
Preliminary Subdivision Plat.
B:ECfIOII SIll AMENDMENTS TO OPEN SPACE
The Section entitled "Open Space", of the Green Heron Planned Unit
Development (Ordinance No. 84-21), is hereby amended to read as
" follows:
OPEN SPACE:
Open space areas indicated on the Master Plan may be
utilized for natural area recreational purposes; may be
improved with various recreation facilities; ma~ be
and mmy include lakes. No portion of the open space
indicated on the Master Plan may be utilized for
residential building litel. T~e PUD Master Plan defines
recreation and open sDace which satisfies reauirement~
orescribed by the D.R.I. Develooment Order.
S~CTIOBI SEqrIlll ~Ug~NDNENTS TO SUBDIVISION REGULATION EXCEPTIONS
The Section entitled "Exceptions to County Subdivision
Reglllattons", of the Green Heron Planned Unit Development (Ordinance
No. 84-21}, is hereby amended to read as follows:
~364~ ~ TO THE DESIGN STANDARDS OF THE
COUI~ SUBDIVISION I~EG~TIONS:
~t(-r~ ~ 3.2.8.3.19.. Street Name~, Markers
and ~affic Control Devices: Street name signs
shall be apprcved by the County Engineer but need
not meet the U.S.D.O.T.F.B.W.A. Manual of Uniform
Traffic Control Devices. Street pavement painting,
striping, and reflective edainq reuuirements shall
be w~ived exceot a~ entrance road and along
commercial area.
~}e ~I, C~ee 1-~ F-r & 6v AoDendix B. TYPiCal
~reet Sections and Rtqht-Of-Wav Design Standards:
Street right-of-way and cross-section shall be as
follows: ~e~.
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Af4H~e~e XI, 6eet-kH~ ~-~ !~ 3.2.8.4.16,G, Dead End
Streets: ~he 1,000 ft. maximum dead-end street
length requirement shall be waived.
~ ~ 6eet-l~m a-/~-r 3.2.8,4.16.8., IntersectiO/3
Radii: Back of curb radii at street intersections
shall be a minimum of 30 ft.
~ Me, 6eet4e~ ~4t 14v 3.2.8.4.16.10.. Reserve
Curves: The requirement for 100 ft. tangent
sections between reverse curves of streets shall be
waived.
AM4e3xe K-I-r ~ 31. 3.2.8.4.21.o Utility Casinas:
The requirement for blank utility casings shall be
waived, except that a blank utility casing shall be
placed along the northerly edge of Radio Road
right-of-way under the Green Heron entrance drive.
In the event that any of the above listed exceptions are
not utilized during construction, the appropriate
subdivision regulation shall be applicable.
IICTXOII ZlGHTI AMENDMrMTS TO TRAFFIC IMPROVEMENTS
The Section entitled "Traffic Improvements", of the Green Heron
Planned Unit Development (Ordinance S4-21), is hereby amended to read
as follows:
TRAFFIC IMPROVEMENTS:
1. The developer shall provide left and right turn
storage lanes on Radio Road at the project
entrance. The developer shall deed ~mDensatina
riaht-of-wav to the County in exchanQe for the
reauired turn lanes and median opening uoon final
Dlat aDDroYal or earlier when re~3esCed bY Collier
County.
2. The developer shall provide a fair share
contribution toward the capital cost of a traffic
signal at the oro~ect entrance intersection with
~ when deemed warranted by the County
Engineer. The signal will be owned, operated and
maintained by Collier County.
3. The developer shall pay a fair share contribution
for any other traffic ways improvements ~ncludin~
turn lanes. median oDqalinas. and other site-relate~
improvements under both the two-lane and the
~ur-lane condition. in accord with any lawfully
adopted regulations applicable to this project.
4. The developer shall provide a two-lane emergency
accessway from Radio Road to the project perimeter
road near the southeast corner of the project.
5. Prior to project construction, the developer shall
donate a 25 ft. right-of-way along the north side
of that portion of Radio Road which abuts the
project ~pon final Plat ~pDroval or earlier when
reuuested bv Collier C0Untv. Said right-of-way
donation shall be eligible for road ~mpact fee
Gredit.
6. The County reserves the riuht to restrict and/or
modify the location and use of ~edian oDeninas in
accordance with Resolution 92-422. Collier County
Access Management Policv. as it may be amended from
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time to time. and in consideration of safety or
operational concerns,
7. The County reserves the rioht or access control
under the future four-lane or six-lane condition
for Radio Road. Median o~eninq~, either full or
directional. shall be determined during the design
or Radio Road four-laninG. Nothing in any
development permit issued by the County shall
operate to vest any riaht to a median opening in
this project. nor shall the CoUntY be liable for
any claim of damage du~ ~ the presence or absence
of any median opening at any point along any road
frontass of this project,
8. An easement associated with the improvements to
Radio Road whose width would vary from 30 to 35
~eet shall be oranted t9 ~lier County for
drainass putmoses along the e~tire east boundary
when reauested by Collier Countv subject to th~
County assumina resoonsibilitv rot any
environmental clearance. ngrmi~tinG and mitigation
reauiremants ~or the land within said easement
only. The value or the easement shall be credited
towards impact fees.
eE~"rZON NilfiZz AMENDMENTS TO ENVIRONMENTAL COHSZDERATZONS
The Section entitled "Environmental Considerations", of the Green
Heron Planned Unit Development (Ordinance No. 84-21), is hereby amended
to read as rollowe:
ENVIRONMENTAL CONSIDERATIONS:
1. All pine trees, both mature and immature, shall be
committed to preservation to the extent possible in
the natural areas indicated on the approved plan.
14e ~ e~ p~e~a :~II eee4s~ with=u~ th~ a~
e&L~e ~ ^ll vegetation removal shall be
done in accordance with the Collier County ~and
Develooment Code,
2. ^ landscape buffer meeting the requirements of the
Collier County ~ ~ ~and aeveloo~ent
Code w~ll be provided by the developer between
Radio ~oad and the local street paralleling ~adio
Road.
S~CfZO~ fE~ }~I~D~I~B fO I~fZ~ZfZES
· he Section entitled "Utilities", of the Green Heron PUD
(Ordinance ~o. a4-2Z], is hereby amended to read as follows:
7. Upon connection to the County Central Sewer
Facilities, the owner, his assigns or successors
shall abandon, dismantle and remove from the site
the interim sewage treatment facility. All work
related to this activity shall be performed at no
cost to the County Water-Sewer ~itrict District.
BECTION ELEVEN: AMENDMENT TO ADD HURRICANE PREPAREDNESS
A Section entitled "Hurricane Preparedness", is hereby added to
the Green Heron Planned Unit Development (Ordinance No. 84-21), and
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mhall read as follows:
HURRICANE PREPAREDNESS
The reauirements for hurricane ~EeDaredness set forth in
the DRI DeveloPment Order are satisfied by virtue or the
fact that al1 residential units have, or will have a
finished floo~ elevation areater than l~,t feet NGVD,
BEC'TION TWELVEz AM~OMENTS TO LEGAL DESCRIPTION
The Section entitled "Legal Description of the Green Heron
Project", of the Green ~eron Planned Unit 0evelopment (Ordinance No.
S4-21), ~s hereb~ amended to read as follows:
LEGAL DESCRIPTION OF THE GREEN HERON PROJECT:
A parcel of land l~ing in Section 33, Township 49 South,
Range 26 East, Collier County, Florida, lying north of
County Road 856 (Radio Road) and south of Interstate
~ighwa~ 1-75; being more particularl~ described as
follows:
O0*=~'~S"~, ~150,00 ' .... ~ ~ 1200,00
eg~ 2so.co ~ ~ H CC'C~'2C" ~T I?~2,13
,E*ee%e.les~ ee-.t-e ~ ~,H..~h%--.e~--we~ thence S
~ ~ ~ ~ ~ County
C~'2~'12' =, 21~2.C~ f:ct t= tk; P~int Sf Beginning.
CO~encina at the southeast corner of Section 33.
T~nshiD 49 South. Ranae 26 East. Collier CountY.
Florida. ~n thence N00=14'28"W~ 50.00 feet alone the
east line of said Section 33. to a point on the north
rioht-of-wav line of County Road 856. Said Point heine
t~e Point Of Beainninu. Run thence alone s~id no[th
riaht-of-wav. S89s24'12"W. 2645.56 feet: thence
S87'4~21"W~ 440.02 [eet~ run thence alQ~q the West line
of the East 1/6 of the West 1/2 of said Section 33.
N00e06'26"W. 3104.22 feet to a ooint on the south
fishY-of-way line of Interstate 1-75: thence aloha said
riaht-of-wav ~87~55'16"E, 1917.87 feet; thence 1161.63
lest alom~ the arc of a ~rve. CUrViD~
throuuh a central an~le of 05'51'20" a~ a radius of
11366.44 feet to a DOint On the east line of the
a[orementiomed section 33. said cu[ve hayins a chord
1161.13 feet and a chord ~arin~ or S89'09'04"=, thence
alone said east line S00'15'45"E, 550.02 feet to the
~st 174 corner of Section 33: thence ~ontinuina
~ast sectio~ line S00*14'28"E. 2561.58 to ~ po~mt o~ the
north riaht-of-wav line of County Roa~ 85~ ~Gd returnins
to the Point Of Beuinnina.
Containing 122 221 Acres more or less.
BECTION THZRTEFIti 3tMENDMENTS TO MASTER PLAN
The I~aeter Plan ot the Green I~eton Planned Unit. Development,
(Ordinance No, 84-21) is hereby amended by replacing it with a new
Maal:er Plan attached hereto and incorporated herein as Exhibit
SECTZOll FOI3RTEEII~ 3EFF~CTZVE DAT~
This Ordinance shall become effective upon receipt of notice from
the Secretary of State that this Ordinance has been filed with the
SacTetary of
PASSED AND DULY ADOPTED by the Soard of County Commissioners of
coZ~l.r c..ty, r~o=ida, thie/27~day of ~L/ ,
1995,
:. ,.
ATTEST1,| 17/j BOARD OF COUNTY COM24ISSIONERS
'.', DWIGHT g. B~C~, CE, ERK COLE,Z~R COUNTY, FLORIDA
*Z,/:GAr- rUYFICIENCX
ASSISTANT COUNTY ATTORNEY
P'UD-83-14 (2) ORDZNANCE/lgk/13827
. N Ordinate fl!-~x:t
Sl?llery of S~ate'~ OFfice,the_
Ill received Ibis ~~ cloy
GREEN HERO N
P.U.D. MASTER PLAN
STATE OF FLORIDA )
COUNTY OF COLLIER )
X, DWIGHT Z. BROCK, Clerk of Courts in and for the
Twentieth ~udtcAal Circuit, Collier County, Florida, do
hereby certify that the foregoing is a tTue copy of:
Ordinance No. 95-30
which was adopted by the Board of County Commissioners on
the lSth day of April, 1995, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of April, 1995.
DWIGHT E. BROCK
Clerk of Court~ and Clerk.?~,~
Ex-officto to Board of
B: //Maureen Kenyon Dep~lty Clerk