HEX Final Decision 2015-25 HEX NO. 2015—25
HEARING EXAMINER DECISION
PETITION NO. CU-PL20140001335 — Diocese of Venice in Florida, Inc. requests a
Conditional Use to allow a church rectory and parking within a Agricultural (A) zoning
district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code
for a 3.31± acre property located adjacent to the existing St. Peter's Catholic Church on
north side of Rattlesnake-Hammock Road, approximately one quarter-mile east of
Tamiami Trail East, in Section 18, Township 50 South, Range 26 East, Collier County,
Florida.
DATE OF HEARING: June 11, 2015
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
10.08.00 D of the Land Development Code has been met and the petition is approved.
ANALYSIS:
This application requests a conditional use for a church rectory and parking area within a 3.31
acre parcel zoned agriculture, to be used in conjunction with the adjacent St. Peters Catholic
Church Planned Unit Development (PUD). The subject property was purchased by the church in
1999 and is undeveloped except for a county utility pumping station site and the extension of the
Rich King Greenway along the entire eastern boundary.
A Neighborhood Information Meeting (NIM) was held by the applicant on December 9, 2014.
Approximately 19 members of the public were in attendance. Those in attendance expressed
concerns over potential odors from the relocated utility site; potential wetland and wildlife
impacts; distance of parking from adjacent residential lots; proposed landscaping; fencing; noise;
current church parking within adjacent rights-of-way; cut-through pedestrian traffic; construction
impacts and site lighting. During the NIM the applicant responded to the questions raised and
has provided additional exhibits to address certain concerns.
The hearing date of this application was June 11, 2015. Since the NIM in December 2014 to
June 10, 2015, staff did not indicate the receipt of any emails, phone calls, messages or
correspondence received either in favor of or against this application.
On June 10th, the Hearing Examiner was informed, by a late afternoon phone call from the
applicant, that a local neighborhood retained counsel to address their concerns at the hearing.
The hearing on this matter was well attended by approximately 35 members of the public with 10
individuals speaking on record. Of those that spoke, 7 were against and 3 in favor of the
[14-CPS-01382/1184643/1]46 1 of 3
conditional use request. Concerns raised by the speakers who were opposed included many
issues involving the current church operations that are part of the existing PUD, including noise,
lighting, inadequate parking, inadequate access, parking in the adjoining rights-of-way and loss
of property value. Concerns noted specific to the conditional use parcel included noise, lighting,
homeless use of the parcel, and loss of green space. Discussion by the speakers included
requesting an 8 foot masonry wall to be added to the existing PUD and proposed conditional use
site, all lighting to be shielded, limit site clearing, and prohibit parking along the western edge of
the conditional use parcel.
One speaker noted that he had sent a letter of objection to the applicant and to the County.
However, county planning staff has no record of receiving this correspondence. The applicant
did not separately forward the letter to county staff under the assumption that since it was copied
to the county, it had been received.
In response to the expressed concerns, the applicant stated that they are not aware of the use of
their parking lot after hours and that the church facilities close down at 9:00 p.m. They agreed to
adjust the existing lighting to minimize the flow of light onto adjoining properties and add
lighting shields to all lighting within 50 feet of residential properties. Their representative noted
that the current parking areas have 3 access points, current use of the rights-of-way for parking
will be alleviated by having additional parking on the proposed parcel, and there are no listed
protected species inhabiting the proposed conditional use parcel.
The applicant proposed improving the buffering requirements by increasing the fence/wall height
to 8 feet, increasing the initial planting height of the trees by 4 feet, adding mid-story plantings,
increasing the plant material size for the hedge and placing most of the landscaping on the
residential side of the fence/wall.
The church currently operates with 504 on-site parking spaces, and has an off-site parking area
across from the church on Rattlesnake Hammock Road that provides an additional 134 spaces.
The proposed parking area on the subject parcel is expected to create approximately 150-160
additional on-site spaces.
DECISION:
Petition Number CU-PL20140001335, filed by Robert J. Mulhere of Hole Montes, Inc.
representing Diocese of Venice in Florida, Inc. with respect to the property hereinafter described
in Exhibit "A", is hereby approved for a Conditional Use to allow a church rectory and parking
within a Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier
County Land Development Code in accordance with the Conceptual Site Plan described in
Exhibit "B", and subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—legal description
Exhibit B—Conceptual Site Plan
Exhibit C—Landscaping North& West
Exhibit D—Landscaping East
[14-CPS-01382/1184643/1146 2 of 3
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
I. Buffer landscaping shall be provided as shown on Exhibits C and D.
2. A solid fence or wall shall be provided at a minimum height of 8 feet along the north and west
sides of the parcel within the landscape buffer as shown on the attached Exhibit C
3. All lighting fixtures within the parcel are limited to 15 feet in height and shall be shielded to
prevent spill over onto adjacent residential properties. Lights shall shut off no later than 9:00
p.m. except for special events.
4. All lighting within the St. Peters Catholic Church PUD property within 50' of residentially zoned
property shall be shielded to prevent spill over onto adjacent properties.
5. There shall be no outdoor activities on the conditional use parcel after 9:00 p.m. except for
special events.
6. Outdoor amplified sound is prohibited except for special events.
7. Parking layout to be as shown on Exhibit B with no parking permitted west of the westernmost
parking access aisle.
8. The westernmost parking access aisle shall be set back a minimum of 40 feet from the property
line.
9. "No Parking" signs shall be posted along Rattlesnake Hammock Road and Hawaii Boulevard
rights-of-way subject to Collier County Right-of-Way permitting and standards. The applicant
will be responsible for obtaining the requisite permits,purchasing and installing these signs.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURTS, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
Co - 22 -20 (S j e -_,
Date Mark .train, Hearing Examiner
ApprIved as to form and legality:
Scott A. tone
Assistant County Attorney
[14-CPS-01382/1184643/1146 3 of 3
*** OR: 2507 PG: 2644 ***
Exhibit "A"
Legal Description
Being part of l.ely 'Tropical Estates
Unit One, Block 18,
Plat !took 8, Page 50,
Collier County, Florida
All that part of Section 18, Township 50 South, Range 26 East, Collier County, Florida,
being more particularly described as follows:
Beginning at the Southeast corner of l.ely Tropical Estates Unit One, Block 18, flat Book
8, Page 50 of the public records of Collier County, Florida.
Thence South 89°32'18" West 30.00 feet along the north right-of-way line of Rattlesnake
hammock Road (S.R. S-864), A 100.0(1 foot right-of-way;
"Thence leaving the said north right-uf-way line North U0 58'15" West 640.00 feet;
Thence South 89°32'18" West 241.36 feet to the easterly boundary of Block 12 of the
said Lely Tropical Estates Unit one;
Thence along the said easterly bountOltlif36411,1 - following Two (2) described
courses;
1) North 00°27'42" West 35 %et;
2) 103.92 feet along the ar�uf tr to+)gentil1 circular curve c nc•eve to the west having a
radius of 280.00 feet t,trou/h aatet trtl aI)!le ur t\°l 5'53 ' an being subtended by a
chord which bears N h ° 8;0 • ._ .•
Thence leaving the said =ante f y u da y ►f o,"• o I t 9°0 '45" East 286.32 feet
to the East line of the So k •t '. a d :e t' •.18;
Thence along the said Ea ' a fie So iwes ' SSou"` •f° " East'! 1 03.08 feet to
the Point of Beginning of reel herein describe
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Subject to easements and res to of record.
Containing 3.31 acres inure or ,
Bearings are based on the said Nor -► ;E1-ez• i Rattlesnake I lannmock Road
being South 89'32'18" West.
Professional Surveyor and Mapper
- I1y Date 12-13-98
Roger '. Carter, PSM. ES #5702
Ref. 98-0127-4S1
Not valid unless embossed with the Professional's seal.
Exhibit A
F:\98-0127 St Peter's Cl►urchU.egal Description-palcel I8.ducl.ast saved by Roger G.Carter
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