Ordinance 90-004 ORDINANCE 90-
AN ORDINANCE ;~MENDI NG ORDINANCE NUMBER
82-2 THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY ~2dENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 50-26-4 BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM
PUD/RSF-3 TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS ST. PETER'S CATHOLIC
CHURCH FOR A CHURCH; FOR P\ROPERTY LOCATED
AT RATTLESNAKE H;24MOCK ROAD AND HAWAII
BOULEVARD CONTAINING 10.3 ACRES, MORE OR
LESS, LOCATED IN SECTION 18, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLI ER COUNTY,
FLORIDA; ;eND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert L. Duane of Hole, Montes and.A~sociates,
representing John J. Nevins as Bishop of the Diocese of
Venice, a Corporation, petitioned the Board o'f County
Commissioners to change the zoning classification of the
herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
'. The Zoning Classification of the herein described real
property located in Section 18, Township 50 South, Range 26
East, Collier County, Florida is changed from "PUD/RSF-3" to
"PUD" Planned Unit Development in accordance with the PU~-
document attached hereto as Exhibit "A" which is incorporated
herein and by reference made part hereof. The Official
Zoning Atlas Map Number 50-26-4, as described in Ordina:~ce
Number 82-2 is hereby amended accordingly.
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
DATE: January 23, 1990 BOARD OF COUNTY COM~ISSlONERS
. COLLIER COUNTY, FLORIDA
APPROVED' AS TO FORM AND LEGAL SUFFICIENC~~ .~..~-~1~~.
aha ocl,.nowt'~lgem~.~t of. that
ST. PETER'S CATHOLIC C~JRCH
PLANNED UNIT DEVELOPMENT
KMA FILE NO. 89.39
Prepared By
Hole, Montes & Associates
715 Tenth Street South
Naples, Florida 33940
(813) 262-4617
December 11, 1989
Exhibit '"~"..
~::;
TABLE OF CONTENTS
· . PAGE
STAT NT OF COMPLIANCE... 1
.?: SECTIO~ II .
![ PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND
.~- SHORT TITLE AND STATEMENT OF UNIFIED CONTROL ...... 2-3
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION ....... 4
SECTION IV
~ GENERAL DEVELOPMENT REQUIREMENTS .................. 5-6
;'' SECTION V
ENVIRONMENTAL STANDARDS ........................... 7-8
SECTION VI
TRANSPORTATION REQUIREMENTS ...................... -. 9
SECTION VII
.,.,~ UTILITIES AND ENGINEERING REQUIREMENTS ............ 10-11
· SECTION VIII
WATER MANAGEMENT REQUIREMENTS ..................... 12
'~,. LIST OF EXHIBITS
EXHIBIT A ..... CONCEPTUAL PUD MASTER PLAN
i' SECTION I
STATEMENT OF COMPLIANCE '.
The development of this project will be in'compliance with the
planning goals and objectives of Collier County as set forth in the
Growth Management Plan. This compliance includes:
1. The project, in the designated Urban Area, will realize an
actual decrease in overall density on this site.
2. The project shall be in compliance with all applicable County
regulations including the Growth Management Plan.
3. The project will be served by a complete range of services and
utilities as approved by the County. '
4. The project is compatible with adjacent land uses through the
. internal arrangement of structures, the placement.of land use
buffers, and the proposed development standards' contained
herein.
5. The Planned Unit Development includes open spaces and natur~
features which are preserved from future development in order
, to enhance their natural functions and to serve as project
,' amenities.
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION,
SHORT TITLE, AND STATEMENT OF UNIFIED CONTROL
2.1 PROPERTY OWNERSHIP
The westerly 5.4 acre portion of the subject property is
currently under option for purchase by John J. Nevins, Bishop
of the Diocese of Venice, Florida, with the remaining 4.9
acres under current ownership of the Diocese of Venice,
Florida.
2.2 LEGAL DESCRIPTIQN
PROPERTY DESCRIPTION
Block 17 of Lely Tropical Estates Unit No. I according to the
plat thereof recorded in Plat Book 8 at Page 50 of the Public
Records of Collier County, Florida.
A portion of Block 18 of Lely Tropical Estates Unit No. 1
according to the plat thereof recorded in Plat Book 8 at Page
50 of the Public Records of Collier County, Florida, being
more particularly as follows:
Commence at the Southeast corner of the Southwest 1/4 of
Section 18, Township 50 South, Range 26 East, Collier County,
Florida; thence run N. 00 58'15" W. along the East line of the
Southwest 1/4 of said Section 18 for a distance of 50.00 feet
to a point on the northerly right-of-way line of Rattlesnake
Hammock Road (S.R. S-864). A 100.00 foot right-of-way, the
same being the Southeast corner of Block 18 of Lely Tropical
Estates Unit No. 1 according to the Plat thereof recorded in
Plat Book 8 at Page 50 of the Public Records of Collier
County, Florida; thence run S. 89 32'18" W. along said right- ....
of-way line and along the southerly boundary of said Block 18
for a distance of 30.00 feet to the point of beginning of the
parcel of land herein described; thence continue S. 89 32'18"
w. along said right-of-way line and along the southerly
boundary of said Block 18 for a distance of 30.00 feet; thence
run N. 00 58'15" W. along the westerly boundary of said Block
037, 01
18 for a distance of 250.00 feet; ~hence run S. 89 32'18" W.
along a southerly boundary of said Block 18 for a distance of
100.00 feet; thence run N. 73 43'08" W. along a southerly
· boundary of said Block 18 for a distance of 216.24 feet to a
point on a circular curve, concave to the northwest, whose
radius point bears N. 42 34'28" W. a distance of 280.00 feet
therefrom; thence run northeasterly along the arc of said
curve to the Left, the same being the westerly boundary of
said Block 18, having a radius of 280.00 feet, through a
central angle of 47 53'14", subtended by a chord of 227.27
feet at a bearing of N. 23 28'55" £. for.a distance of 234.01
feet to the end of said curve; thence run N. O0 27'42" W.
along the westerly boundary of said Block 18 for a distance
of 119.98 feet; thence run N. 89 32'18" E. for a distance of
241.36 feet to a point on the easterly boundary of said Block
18; thence run S. O0 58'15" E. along the easterly boundary of
said Block 18 for a distance of 640.00 feet to the point of
beginning.
2.3 SHORT TITLE
f .:' This Ordinance shall be known and cited as the "St. Peter's
Catholic Church PUD Ordinance".
2.4 ~TATEF~ENT OF UNIFIED CONTROL ''
It is the intent of John J. Nevins, Bishop of Diocese of
Venice, Florida to develop a Planned Unit Development
approximately 10.3 acres on property located on the northeast~
corner of Hawaii Street and Rattlesnake Hammock Road. This
statement represents that John J. Nevins currently has lands
under unified control for the purpose of obtaining PUD Zoning
on the subject property. Development of this Planned Unit
Development will occur in accordance with the submitted
Planned Unit Development Regulations and any conditions
thereof approved with the Rezone Petition as described and.
agreed to within the PUD Document.
3
~001( P~L .
SECTION II~
STATEMENT OF INTENT AND PROJECT DESCRIPTION
It is the developer's intent to establish a Planned Unit
Development. It is the purpose of this document to set forthl
flexible guidelines for the future development 6f the proJectl
that meet accepted planning principles and practices and to.
implement the Growth Management Plan.
The location of land uses are shown on the PUD Conceptual
Master Plan. Changes and variations in building location and
the mix of land uses shall be permitted via Site Development
Plan approval in accordance with Section 10.5 of tha Zoning
Ordinance. Changes and variations in building tracts may be
permitted during Site Development Plan approval if, at the
discretion of the County Manager, or his designee, such
changes and variations are in conformance with the substantive
and procedural requirements of the Subdivision Regulations.
3.3 SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall
performed in accordance with applicable Collier County Codes
and Ordinances and the standards and commitments of this
document.
3 . 4 EASEMENTS FOR UTILITI~
Easements, where required, shall be provided for
management areas, utilities and other purposes as may be
needed.
All necessary easements, dedications or other instruments
· shall be granted to insure the continued operation and
maintenance of all services and utilities. This will be in
'~ compliance with applicable ~egulations in effect at the time .,,
:?.. approvals are requested. . .
SECTION IV
GENERAL DEVELOPMENT REQUIREMENTS
The purpose of this section is to delineate t~ ~eveloPment
regulations that accompany the Conceptual PUD MaSter Plan.
4.2 GENE~L
Where development standards are not specifically provided for
in this document, the standards, applicable to this ·project,
of the Collier County Zoning Ordinance shall apply.
No other building or structure, or part thereof, shall be
erected, altered or used, or land used, in whole or part, for
other than the following uses:
A~ Brincimal Use
1. This principal use on this tract of land is a house
of worship.
B. Accessory Us9
1. Accessory uses and Structures customary fo~
religious uses which include:
a. Residential facilities to serwe as a rectory.
b. A community gathering hall for use by members
of the congregation.
C. Retention Area and Uses
1. Uses determined to be consistent with the intent of
the Retention Area such as boardwalks, nature
trails, picnic areas, and playgrounds.
D. Minimum Setback Standards
1. Rear Yard: - one hundred (100) feet
,~:. 2. Side Yard: - fifty (50)'feet ..
3. Front Yard: - tw.nty-five (25) feet
E. Maximum Building Height
'~" 1. Forty five (45) feet will be the maximum height of
any building on this property, not including
'~ appurtenances typically associated with houses of
worship, such as bell towers, flagpoles, etc., as
set forth in Section 8.3 of the Collier County
Zoning Ordinance.
F. ~rktn~ Requirements
1. As required by the Collier County Zoning Ordinance
,i .. in effect at the time permits are requested.
i' G. Si~na~e Requirements .
ii: 1. As required or allowed by the Collier County Sign
~' Ordinance in effect at the time permits are
~-. requested.
[ 1. A ten (101 feet landscape buffer will ba maintained
" at the northern boundary of Tract II as set forth
in Section 8.37 of Collier County Zoning Ordinance.
2. As required by the Collier County Zoning Ordinance
.~. in effect at the time permits are required.
SECTION IV ~
GENERAL DEVELOPHENT REQUIREHENTS
4.1 PURPOSE
The purpose of this section is to delineate the development
regulations that accompany the Conceptual PUD Master Plan.
4.2 GENERAL
%~here development standards are not specifically ~ovided for
in this document, thu standards, applicable to thi~ project,
of the Collier County Zoning Ordinance shall apply..
No other building or structure, or part thereof, ~hall be
erected, altered or used, or land used, in whole or par~, for
other than the following uses:
A. Prin¢iual Use
· . 1. This principal use on this tract of land is a house of worship.
o
B. Accessory Use
1. Accessory uses and Structures customary for
religious uses which include:
a. Residential facilities to serve as a rectory.
b. A community gathering hall for use by members
of the congregation.
C. Retention Area and Uses
1. Uses determined to be consistent with the intent of
the Retention Area such as boardwalks, nature
trails, picnic areas, and playgrounds.
D. Minimum $ptback Standards
1. ~ - one hundred (100) feet
2. ~ide Yard: - fifty (50) feet
3. Front Yard: - twenty-five (25) feet
E. H~Kimum Building HeiGht
1. Forty five (45) feet will be the maximum height of
any building on this property, not including
appurtenances typically associated with houses of
worship, such as bell towers, flagpoles, ~tc., as
set for~/% in Section 8.3 of the Collier County
, Zoning ordinance.
F. .Parking Reoutrements
%'~ 1. As required by the Collier County zoning Ordinance
in effect at the time permits are requested.
'~' G. $iq~aGe Recruirements
1~ 1. As required or allowed by the Collier County Sign
" Ordinance in effect at the time permits are
~ requested.
{:~i. H. Landscaping Re~uirements
i~ 1. A ten (10) feet landscape buffer will be maintained
at the northern boundary of Tract II as set forth
in Section 8.37 of Collier County Zoning Ordinance.
~: 2. As required by the Collier County Zoning ordinance
in effect at the time permits are required.
,oo 037 , ,:407
SECTION V
ENVIRONMENTAL STANDARDS
PURPOSE .
The purpose of this section is to set forth the stipulations
established by the Environmental Advisory Council.
A. Petitioner shall be subject to Ordinance 75-21 (or the
tree/vegetation removal ordinance in existence at the
time of permitting), requiring the acquisition cf a tree
removal permit prior to any land clearing. A site
clearing plan shall be submitted to the Natural Resources
Management Department for their review and subject to
approval pribr to any work on the site. This plan may
be submitted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict
how the final site layout incorporates retained native
vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have
been oriented to accommodate this goal. Adopted by EAC
on 4/1/87. Parking area shall be re-designed to maximize
retention of existing, viable native vegetation on site
i.e. slash pines on western portion of proposed parkin~
per Ordinance 89-58.
B. Native species shall be utilized, as described below, in
the site landscaping plan. A landscape plan for all
landscaping on the development shall be submitted to the
County Landscape Architect and to a County Environmental
Specialist for their review and shall be subject to their
approval. The landscape design shall incorporate
minimum of 60% native plants, by number, including trees,
shrubs, and ground cover. At least 60% of the trees, 60%
of the shrubs, and 60% of the ground cover shall be
native species. At the direction of the County Landscape
Architect or County Environmental Specialist a higher
percentage of trees or shrubs can offset an equal
percentage of ground cover. For example, the use of 70%
native trees could allow the use of only 50% native . -..
ground cover. This plan shall depict the incorporation
of native species and their mix with other species, if
any. The goal of site landscaping shall be the re-
creation of native vegetation and habitat characteristics
lost on the site during construction or due to past
activities. Adopted by EAC on 12/7/88.
~' C. All exotic plants, as defined in the County Code, shall
' be removed during each phase of construction from
development areas, open space areas, and preserve areas.
Following site development, a maintenance program shall
be implemented to prevent reinvasion of the site by such
exotic species. This plan, which will describe control
techniques and inspection intervals, shall be filed with
and subject to approval by the Environmental'Resources
Management and the Community Development Se~ices
Division. Adopted by EAC on 4/1/87.
D. If, during the course if site clear'lng, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Natural Resources Management
Department notified. Development will be suspended for
a sufficient length of time to enable the Natural
Resources Management Department or a designated
consultant to assess the find and determine the proper
course of action in regard to its salvageability. The
Natural Resources Management Department will respond to
any such notification in a timely and efficient manner
so as to provide only a minimal interruption to any
constructional activities. Adopted by EAC on 4/1/87.
SECTION VI
TRANSPORTATION REQUIREMENTS
The purpose of this section is to setforth the Transportation
Requirements that must be accommodated by the Project
Developer.
a.Arterial lighting will be installed at project entrance
off Rattlesnake Hammock Road.
b. The petitioners shall provide a 'right turn lane on
Rattlesnake Hammock Road at the main entrance to the
site, and a left turn lane should a median opening be
permitted upon the four laning of that road.
c. Payment of road impact fees shall be at the time of
building permit processing/issuance unless an agreement
approved by the Board of County Commissioners makes
provision for alternate payment.
d. Based on the conceptual plan, the road impact fee for the
new facility will be approximately $3,405 consistent with
the current fee schedule set forth in Ordinance 8§-55;
should the Ordinance be subject to revisions prior to
building permit issuance, the Impact Fees in the revised
document shall be paid. '-
e. Right-of-Way for future four-laning is necessary in 1990
to provide for turning movements and sidewalk~.
Accordingly, the following right-of-way shall be provide~
in easement or deed at the direction of the property
owner:
Twenty (20) feet in width adjacent to the existing
right-of-way along the north side of Rattlesnake
Hammock Road including the entire frontage owned by.
the petitioner.
f. The retention area at the corner of Rattlesnake Hammock
Road and Hawaii Boulevard, as shown on the Conceptual PUD
Master Plan, shall be made available for water management
during the four laning d~sign of Rattlesnake Hammock Road
but only to the extent of any excess capacity or pass
through conveyance for water quality.
g. The required access improvements are considered "site
related" as defined in Ordinance 85-55 and are not
subject to impact fee creditS.. The improvements and ''
conveyance of the right-of-way shall be in place before
any certificates of occupancy are issued·
---- m i
?" SECTION VII ,
UTILITIES AND ENGINEERING REQUIRE/~ENTS
The purpose of this Section is to set forth 'th~ utilities
requirements which must be accommodated by '~he project
developer.
:" A. Water distribution, sewage collection and transmission
iil.'i and interim water and/or sewage treatment facilities to
'i~- serve the project ars to be designed, constructed,
'~ conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and
sewage collection facilities to be constructed will'be
customers of the County and will be billed by the County
in accordance with the County's established rates.
Should the County not be in a position to provide water
and/or sewer service to the project, the water and/or
sewer customers shall be customers of the interim utility
established to serve the project until the County's off-
site water and/or sewer facilities are available to serve
the project.
~ C. It is anticipated that the County Utilities Division wil-I
ultimately supply potable water to meet the consumptive
demand and/or receive and treat the sewage generated by
this project. Should the County system not be in a
position to supply potable water to the project and/or
receive the project's wastewater at the time development
commences, the Developer, at his expense will install and
operate interim water supply and on-site treatment and.
disposal facilities adequate to meet all requirements of
the appropriate regulatory agencies. An agreement.shall
be entered into between the County and the Developer,
binding 'on the Developer, his assigns or successors
regarding any interim treatment facilities to be
utilized. The agreement must be legally sufficient to
the County, prior to the approval of construction
~ documents for the project and be in conformance with the
requirements of Collier County Ordinance No. 88-76, as
amended.
D. The existing off-site water fa~ilities of the District
must be evaluated for hydraulic capacity to serwe this
project and reinforced as required, if necessary,
.~' consistent with the County's ~ater Master Plan to insure ·
i~i~ that the District's water system can hydraulically
i,~ provide a sufficient quantity of water to meet the
anticipated demands of the project and the District's
existing committed capacity.
E. The existing off-site sewage transmission facilities of
the district must be evaluated for hydraulic capacity to
serve this project and improved as required outside the
project boundary consistent with the County's Sewer
Master Plan, where applicable, to provide adequate
capacity to transport the additional wastewater generated
without adverse impact to the existing transmission
facilities.
F. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of
the Collier County Subdivision Regulations.
G. A 20 ft. wide strip of land along the entire Rattlesnake
Hammock Road frontage shall be dedicated as right-of-way.
i This dedication shall take place prior to final site
~. development plan approval.
H. Work within Collier County right-of-way shall meet the
requirements of Collier County right-of-way Ordinance 82-
91. "
I. Ail requirements of subdivision ordinance must be met
since no variances were requested.
J. Access into each tract as shown on the conceptual P.U.D.
Master Plan is informational only. Location and number
is subject to Subdivision Master Plan or SDP approval.
K. Show building setbacks on final site development plan.
412
SECTION V~[~
WATER MANAGEMENT REQUIREMENTS
A. The purpose of this section is to set forth the
stipulations established by tbs Water Management Advisory
Board, which shall be accommodated by the project
developer.
~? 1. Detailed paving, grading, site drainag, and utility
.., plans shall be submitted to Project Review Services
/ for review. No construction permits shall be issued
unless and until approval of the. proposed
-- construction in accordance with the submitted plans
/ is granted by Project Review Services.
2. In accordance with the Rules of the South Florida
' Water Management District, (SFWMD) Chapters 40E4 and
40E-40, this project shall be desiqned for a storm .
event of 3-day duration and 2C-year return
frequency.
3. An Excavation Permit will be required for the
[{:~ proposed dry detention areas in accordance with
~. '. Collier County Ordinance No. 88-26 and SFWMD r~les.
4. Petitioner shall acknowledge that the existing
portion of the project is prone to periodic
flooding.
5. Prior to detailed construction plan approval[
petitioner shall dedicate a 12' wide easement for
· canal widening purposes along the entire eastern
boundary of this project, the form of which easement
shall be mutually agreed to by the parties..
Additionally, a 20' wide access strip along this
easement shall be dedicated for maintenancm and
access purposes, the form of which easement shall
be mutually agreed to by the parties.
6. Since this phas~ of the project is already in
existence, the petitioner shall not be responsible
for pre-treating the runoff of hnlf of the pavement.
At the time the County widens the canal, it shall
be the responsibility of the County to install an
appropriate safety barrier along tbs eastern '.'
boundary of the project and replace any pavement
~ destroyed during the canal widening process.
12
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true cody of:
Ordinance 90-4
which was adopted by the Board of County Commissioners on
· the 23th day of January, 1990, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of January, 1990.
Clerk of Courts and Cle~" ..... "
County Commlssxone~. ,. .
415