HEX Transcript 05/24/2018May 24, 2018 HEX Meeting
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples, Florida
May 24, 2018
LET IT BE REMEMBERED, that the Collier County Hearing Examiner, in and for the County of
Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800
North Horseshoe Drive, Room 609/610, Naples, Florida, with the following people present:
HEARING EXAMINER MARK STRAIN
ALSO PRESENT: Raymond V. Bellows, Zoning Manager
James Sabo, Principal Planner
Scott Stone, Assistant County Attorney
Page 1 of 3
AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, MAY 24, 2018 IN CONFERENCE ROOM 610 AT
THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N.
HORSESHOE DRIVE, NAPLES, FLORIDA
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY
THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS
INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO
COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING
PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF
COUNTY COMMISSIONERS.
HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT,
PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING
EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A
COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME,
ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS
WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL
ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. ADVERTISED PUBLIC HEARINGS:
A. PETITION NO. CU-PL20170002302 – Iglesia Pentecostes Peniel Immokalee, Inc. requests
a Conditional Use to allow a church use within a Residential Multi-Family-6 (RMF-6) zoning
district pursuant to Section 2.03.02 B.1.c.1 of the Collier County Land Development Code for a
1.9± acre property located on the north side of E Delaware Avenue, approximately one quarter
mile east of 1st Street S in Immokalee, in Section 3, Township 47 South, Range 29 East, Collier
County, Florida. [Coordinator: James Sabo, AICP, Principal Planner]
B. PETITION NO. VA-PL20160002427 – Florida Power & Light Company requests a
variance from Section 5.05.09 G.2.a of the Land Development Code to reduce the minimum
setback from 225 feet to 77 feet for the western property boundary shared with the Brandon
RPUD, to allow for replacement of a utility pole and collocation of wireless communications
facilities on property located on the south side of Veterans Memorial Boulevard, approximately
one third mile east of Livingston Road, in Section 13, Township 48 South, Range 25 East,
Collier County, Florida, consisting of 20± acres. [Coordinator: James Sabo, AICP, Principal
Planner]
C. PETITION NO. VA-PL20160002426 – Florida Power & Light requests a variance from
Section 5.05.09.G.2.a of the Land Development Code to reduce the east setback from 235 feet to
173 feet, the south setback from 235 feet to 55 feet, and the west setback from 235 feet to 133
feet, to allow for replacement of a utility pole and collocation of wireless communications
facilities on property located at 4995 Davis Boulevard in Section 6, Township 50 South, Range
26 East, Collier County, Florida. [Coordinator: James Sabo, AICP, Principal Planner]
4. OTHER BUSINESS
5. PUBLIC COMMENTS
6. ADJOURN
May 24, 2018 HEX Meeting
THE HEARING EXAMINER: Good morning, everyone. Welcome to the May 24th meeting of the
Collier County Hearing Examiner's Office.
If everyone will please rise for Pledge of Allegiance.
(Pledge of Allegiance was recited in unison.)
THE HEARING EXAMINER: Okay, couple cleanup items. Individual speakers will be limited to
five minutes unless otherwise waived, decisions are final unless appealed to the Board of County
Commissioners, and a decision will be rendered within 30 days.
And review of the agenda, we had three advertised public hearings for today. Two of those, Item 3.13
and 3.C, at the request of the petitioner in each case, which is Florida Power & Light Company, they asked that
Petition No. VA-PL20160002427 and Petition No. VA-PL20160002426 be continued until the June 14th
meeting. That request came in about 40 minutes ago this morning.
There was a lot of public here to discuss it. They have now been informed it's being continued, and I
see no reason not to grant the continuance, so it will be continued to June 14th, which is about three weeks
away.
I had also suggested to the applicant that they provide more additional information than we have had.
It will come through staff and hopefully the next staff report will clarify those issues.
So James, that should take care of those two issues for you today.
Which takes us to the one remaining item. It's an advertised public hearing for a conditional use in
Immokalee. It's for Petition No. CU-PL20170002302, the Iglesia Pentecostes Peniel Immokalee, Inc.,
requesting a conditional use to allow a church on RMF -6 zoned area.
All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter.
(All speakers were duly sworn.)
THE HEARING EXAMINER: Disclosures. On my part, I had discussions with the applicant a
couple different times and emails back and forth, disclosures with -- I talked with staff once or twice as well,
and I did talk to the commissioner from the district. And with that, those are my disclosures and we'll move
right now into the case.
Is any member of the public here for this one?
(No response.)
THE HEARING EXAMINER: No.
Fred, as a result I won't need a presentation as we normally do, a formal presentation, we'll just move
right into any questions that need cleared up.
And I do appreciate your response to getting the list of conditions that normally accompany churches.
MR. HOOD: Yes.
THE HEARING EXAMINER: That didn't happen at the time of your review. Mr. Sabo, who is
new at the county, was told about it afterwards, and you had responded so I certainly appreciate that, it will
make the discussion simpler.
What I'd like to start with before I go into that list is walk through any questions that may remain on the
pages within the report. One of those is the recommendations from staff. When we get done discussing the
conditions you've supplied, and I know staffs got a copy, I will certainly be looking for staffs acknowledgment
on record that they've been satisfied that those have met their recommendations.
We'll do that when we get to staff report.
MR. HOOD: Okay.
THE HEARING EXAMINER: I want to make sure everything I had noted has been cleared up by
those. It looks like it.
I did ask for traffic clarification from you, Fred. You supplied it. I also asked for a verification map
from Mike Sawyer in our transportation department. He also confirmed that your peak hour peak rates were
correct, based on either the maximum or the square footage or the 300 seats. In this case the 300 seats carries
the day, so that helped to understand it all.
And I don't have any questions directly from the document that haven't been articulated in your
Page 2 of 3
May 24, 2018 HEX Meeting
changes, so we'll pull those up right now.
MR. HOOD: Okay.
THE HEARING EXAMINER: Basically you've limited your services to Saturdays and Sundays
from 7:30 a.m. to 10:00 p.m. and recognized holidays and weekdays from 6:00 to 10:00. You've got a square
foot limitation on the church and seating. You have the prohibited accessory uses that have become
somewhat standard for churches. You've agreed not to lease the facility out. You've got a special events
limitation. Your outdoor amplified sound is prohibited unless allowed by temporary use permit. You've
included your peak hour weekday and peak hour Saturday and Sunday trip assignments. And then if there's
any crowds there, you'll be getting a deputy.
Those are the conditions that we've worked out over the last couple of discussions that would apply
most applicably here.
So I think your last submittal was clean. I don't have any questions on it at this point.
So with that, I'll -- do you have any comments you want to make for the record?
MR. HOOD: I don't.
THE HEARING EXAMINER: Okay. With that I'll turn to the staff report. James?
MR. SABO: Mr. Strain, the zoning staff recommends the Hearing Examiner approve Petition
CU-PL20172302 as proposed, based on the comments you made on the conditions of approval supplied by the
applicant as detailed this morning.
THE HEARING EXAMINER: Okay. That works.
Are there any members of the public here?
(No response.)
THE HEARING EXAMINER: No. Are there any other comments or questions, anybody?
(No response.)
THE HEARING EXAMINER: None.
Then this hearing's closed. A decision will be rendered within 30 days, most likely first part of next
week. I'll do my best to get it out that quickly for you.
With that, thank you for your time.
MR. HOOD: No problem, thank you.
THE HEARING EXAMINER: Which takes us to the balance of our agenda today, which has been
continued, so there's no other business, there's no members of the public here to comment, this meeting is
adjourned. Thank you.
*******************
There being no further business for the good of the County, the meeting was adjourned by order of the
Hearing Examiner at 9:05 a.m.
COL IER COTY I G EXAMINER
!J
MARK STRAIN, Hearing Examiner
ATTEST:
LAIRD A. LILE, CLERK AD INTERIM
These minutes approved by the Hearing Examiner on as presented or as
corrected
Transcript prepared on behalf of
U.S. Legal Support, Inc., by
Cherie' R. Nottingham, Court Reporter and Notary Public.
Page 3 of 3
HEX NO. 2018— 09
HEARING EXAMINER DECISION
PETITION NO. CU-PL20170002302 — Iglesia Pentecostes Peniel Immokalee, Inc. requests
a Conditional Use to allow a church use within a Residential Multi-Family-6 (RMF-6)
zoning district pursuant to Section 2.03.02 B.1.c.1 of the Collier County Land Development
Code for a 1.9± acre property located on the north side of E Delaware Avenue,
approximately one quarter mile east of 1st Street S in Immokalee, in Section 3, Township
47 South, Range 29 East, Collier County, Florida.
DATE OF HEARING: May 24, 2018
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 Section
10.08.00 D of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
The applicant held the required Neighborhood Information Meeting (NIM). One member of the
public was in attendance, and no opposition was noted. Except for the applicant's representative,
no members of the public attended this public hearing and no correspondence has been received
opposing this request.
The proposed conditional use is within and surrounded by a RMF-6 residential zoning district.
The applicant has supplied a list of compatibility conditions to assure that the use remains
congruent with the surrounding neighborhood; conditions of approval are attached as Exhibit B.
DECISION:
Petition Number CU-PL20170002302, filed by Frederick E. Hood, AICP, of Davidson
Engineering, Inc. representing Iglesia Pentecostes Peniel Immokalee, Inc. with respect to the
property described herein, is hereby approved for a Conditional Use to allow a church use within
a Residential Multi-Family-6 (RMF-6) zoning district pursuant to Section 2.03.02 B.1.c.1, of the
Collier County Land Development Code, in accordance with the Conceptual Site Plan described
in Exhibit "A", and subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A— Conceptual Site Plan
Exhibit B —Conditions of Approval
[17-CPS-01728/1414472/1]63 1 of2
LEGAL DESCRIPTION: The Southwest Quarter of the Northwest Quarter of the Southeast
Quarter of the Southwest Quarter of Section 3, Township 47 South, Range 29 East, Public
Records of Collier County, Florida, less and except the West 80 feet.
CONDITIONS:
The approval of this conditional use is subject to the site plan listed as Exhibit "A" and
conditions listed in Exhibit "B," and the following:
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 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.
tiu GAAL p ,,i .67c___ _
Date Mar Strain, Hearing Examiner
Approve s to fo and legality:
Scott A. to
Assistant County Attorney
[17-CPS-01728/1414472/1]63 2 of 2
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PROPOSED ZONING CONDITIONS OF APPROVAL
1. Church Services shall be limited to:
- Saturdays and Sundays between the hours of 7:30 am and 10:00 pm; and recognized Holidays
- Weekdays from 6:00pm and 10:00pm.
2. The Church is limited to a floor area of 9,400 square feet (including no more than 300 seats).
3. The following accessory uses are prohibited:
- Daycare
- Food services i.e. Soup Kitchens, catering services open to the public or eating places
- Educational Services
- Outreach programs, i.e. alcohol and substance abuse rehabilitation
4. Leasing of the church facility, or property, to outside groups is prohibited.
5. Special Events (operated by the Church) are limited to twelve (12) events per calendar year and
subject to a Temporary Use Permit as required, in accordance with the LDC.
6. Outdoor amplified music or sounds are prohibited, unless permitted under a Temporary Use Permit
for a Special Event.
7. This conditional use shall be limited to a maximum of(8) PM peak hour(weekday) two-way trips and
a maximum of 183 peak hour(Saturday,Sunday and recognized holidays)two-way trips, based on the
use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA
or subdivision plat approval.
8. For services and other periods and events of significant traffic generation, as determined by Collier
County staff, the property owner shall provide traffic control by law enforcement or a law
enforcement approved service provider as directed by Collier County staff, with staffing and at
location(s) as directed by Collier County Division Director,Transportation Engineering or his designee.
Exhibit "B'"