HEX Final Decision 2015-49 HEX NO. 2015—49
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20150000262 - Emmanuel Evangelical Lutheran Church of Naples,
Inc. requests an insubstantial change to Ordinance No. 11-23, the Emmanuel Evangelical
Lutheran Church of Naples, Inc. CFPUD, as amended, to add temporary sports, religious,
and community events, and temporary seasonal sales as permitted accessory uses, to allow
the permitted athletic field as an interim accessory use prior to construction of a permitted
principal use, to add development standards for the athletic field interim accessory use, to
revise development standards for garden plots by removing the prohibition on on-site sales
of produce and maximum number of automobiles, and to delete an environmental
development commitment. The subject property consists of 21.72± acres located on the
south side of Oil Well Road, approximately one quarter mile west of Everglades Blvd. in
Section 19, Township 48 South, Range 28 East, Collier County, Florida.
DATE OF HEARING: December 10, 2015
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections
10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is
approved.
ANALYSIS:
No members of the public were in attendance and staff has received no objections. Seven
members of the public attended the neighborhood information meeting with no objections noted.
After review of the original submittal, several items of clarifications were agreed to by the
applicant and are incorporated within the attached Exhibit A.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20150000262, filed by Robert
J. Mulhere of Hole Montes, Inc. representing Emmanuel Evangelical Lutheran Church of Naples,
Inc., with respect to the property as described in the Emmanuel Evangelical Lutheran Church of
Naples, Inc. CFPUD, Ordinance No. 11-23, for the following insubstantial changes:
• to add temporary sports, religious, and community events, and temporary seasonal sales
as accessory uses that shall be allowed prior to the construction of the principal use ;
• to allow the athletic field as an interim accessory use prior to construction of a permitted
principal use;
• to add development standards for the athletic field interim accessory use;
[15-CPS-01439/1227925/1]36 1 of 2
• to revise development standards for garden plots by removing the prohibition on on-site
sales of produce and maximum number of automobiles; and
• to remove an environmental development commitment that has been satisfied.
Said changes are fully described in the Emmanuel Evangelical Lutheran Church of Naples, Inc.
CFPUD amendment attached as Exhibit"A", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—CFPUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 11-23, the Emmanuel Evangelical Lutheran
Church of Naples, Inc. CFPUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
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 COURT, 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.
1z - , - lc V u
Date Mar Strain, Hearing Examiner
Appro -d o !ad le:ality:
Scott A. Stone
Assistant County Attorney
[15-CPS-01439/1227925/1]36 2 of 2
EXHIBIT "A"
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SECTION ONE:
AMENDMENT TO EXHIBIT "A", LIST OF PERMITTED USES, ATTACHED TO
ORDINANCE NO. 11-23, EMMANUEL EVANGELICAL LUTHERAN CHURCH
COMMUNITY FACILITIES PUD
Exhibit "A," List of Permitted Uses, Section B, Accessory Uses, attached to Ordinance
No. 11-23, Emmanuel Evangelical Lutheran Church Community Facilities PUD, is hereby
amended to read as follows:
B. Accessory Uses:
Accessory uses customarily associated with Permitted Principal Uses including but
not limited to:
1. Recreational facilities including outdoor play areas and athletic field,
administration offices and facilities, and youth recreation centers indoor to
support church uses. The athletic field, limited to the location as depicted on the
PUD Master Plan as "Football/Soccer Field" and "Softball Field," shall be
allowed on an interim basis, prior to the construction of a principal use as listed in
paragraph A. of Exhibit A of the PUD.
Additionally, sports, religious, and community events (e.g. open air farmers
market) are already permitted on the subject property, subject to the issuance of a
Temporary Use Permit as set forth in LDC Section 5.04.05. The sum total
duration of all such special events shall not exceed 28 days per calendar year.
Temporary seasonal sales (e.g. pumpkin or Christmas tree sales) are also
permitted, subject to the issuance of a Temporary Use Permit as set forth in LDC
Section 5.04.05 and the time limitation contained therein. These events are
allowed prior to the construction of a principal use.
2. Water and wastewater facilities for serving this CFPUD only.
3. Garden Plots, limited to an accessory use to the Churches and Places of Worship,
SIC 8661. Garden Plots shall be allowed on an interim basis prior to the
construction of the Churches and Places of Worship. Garden Plots are also an
allowable Accessory Use after the construction of Churches and Places of
Worship.
4. Any other accessory use and related use that is determined to be comparable to
the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in
the Land Development Code (LDC).
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EXHIBIT "A"
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SECTION TWO:
AMENDMENT TO EXHIBIT "B", DEVELOPMENT STANDARDS, ATTACHED TO
ORDINANCE NO. 11-23, EMMANUEL EVANGELICAL LUTHERAN CHURCH
COMMUNITY FACILITIES PUD
Exhibit "B," Development Standards, attached to Ordinance No. 11-23, Emmanuel
Evangelical Lutheran Church Community Facilities PUD, is hereby amended to read as follows:
G. ATHLETIC FIELD OPERATION
1. The Athletic Field shall only be permitted to be in use between the hours of 7:00
A.M. and 9:00 P.M.
2. If constructed as an interim accessory use, prior to the construction of a principal
use, the following standards shall apply:
a. The athletic field will only be used during daylight hours and will not be
lighted, until such time as a principal use is constructed.
b. Temporary sanitary facilities that are ADA accessible shall be provided.
c. Use of the athletic field shall be limited to members of the congregation and
their guests.
d. Up to two (2) on-premises directional signs are allowed. Each sign shall not
exceed six (6) square feet in size.
e. The authorization for such use shall be valid for five (5) years. If the principal
use has not commenced by that time, staff may authorize the continuation of
the interim accessory use for another five (5) years. In approving the
continuation of the athletic fields as an interim accessory use, the County will
evaluate any changes in impacts to adjacent roadways or neighboring
properties to determine whether the five-year extension should be granted
administratively or brought back before the Hearing Examiner.
f. Traffic control for peak events will be provided by the owner if it is
determined to be warranted by the Collier County Growth Management
Division or the Collier County Sheriff's Office.
H. GARDEN PLOTS
1. U-Pick or similar commercial farm operation on site sales of produce is
prohibited.
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EXHIBIT "A"
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2. The maximum area for the garden plots shall be limited to 10% of property or±2
acres.
3. Garden plots shall be located outside the 75 foot perimeter setback areas.
4. Maximum number of automobiles shall be limited to ten at any one time.
5:4. Access to garden plots and parking areas shall be a gravel surface.
675. Temporary sanitary facility to facilities shall be provided.
7,6. A Site Improvement Plan shall be required to be approved by the County prior to
the utilization of garden plots.
8. The development of garden plots shall not vest the property for PUD sunsetting
PuFpeses7
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EXHIBIT "A"
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SECTION THREE:
AMENDMENT TO EXHIBIT "F", DEVELOPMENT COMMITMENTS FOR THE PROJECT,
ATTACHED TO ORDINANCE NO. 11-23, EMMANUEL EVANGELICAL LUTHERAN
CHURCH COMMUNITY FACILITIES PUD
Exhibit "F," Development Commitments for the Project, attached to Ordinance No. 11-
23, Emmanuel Evangelical Lutheran Church Community Facilities PUD, is hereby amended to
read as follows:
2. ENVIRONMENTAL
A. Conservation/preservation areas comprising a minimum of 0.26 acres are shown
on the CFPUD Master Plan that meets the minimum of 0.26± acres required to be
preserved by the LDC.
• . • •
applicant shall provide an updated listed species survey to show the property's
proximity to bear or panther habitat (primary or secondary) and indicate if any
mitigation is required by the FWC/USFWS. If mitigation is required, the
members.
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