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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. -1- 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 -2- (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~. -3- 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 -4- 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 -5- 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