HEX Final Decision 2018-18 HEX NO. 2018— 18
HEARING EXAMINER DECISION
PETITION NO. CU-PL20180000204—Islamic Center of Naples, Inc. requests a conditional
use to allow a place of worship within the Estates (E) Zoning District pursuant to Section
2.03.01.B.1.c.1 of the Collier County Land Development Code. The subject property
containing 4.98 acres is located on the east side of County Barn Road, in Section 8,
Township 50 South, Range 26 East, Collier County, Florida.
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DATE OF HEARING: August 2g, 018
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 should be approved.
ANALYSIS:
The Neighborhood Information meeting (NIM) was attended by approximately 26 members of
the public. Comments were expressed for both support and concern over this application. No
letters of objection have been received.
At this hearing two members of the public spoke on the issue. The first public speaker was a
representative of a nearby house of worship less than 200 feet across County Barn Road from
this site. The speaker provided a letter of support from their congregation's pastor, in addition to
supportive testimony. The second speaker is a property owner approximately 1800 feet northeast
of this site who expressed objections.
Objections include building size and height, parking capacity that the speaker noted is currently
20 spaces, service schedules and attendance capacity, noise, water flow, property value, vehicle
entry to the site, and building plans and specifications. Many of these issues are addressed
through the conditions provided by the applicant and some of the other issues noted are routinely
addressed at future stages of development, during site development and building plan reviews.
The applicant stated that they will use the current buildings on site to some extent and will
process the appropriate permits when renovations and changes are needed. The applicant also
stated the number of parking spaces on site are about 37 with additional existing asphalt surfaces
that could provide more space as needed to accommodate the allowed seating.
[18-CPS-01756/1430508/1]86 1 of3
DECISION:
Petition Number CU-PL20180000204, filed by Josh Fruth, Vice President of Davidson
Engineering, Inc., and Richard Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A.,
representing Islamic Center of Naples, Inc. with respect to the property located at 2801 County
Barn Road and further described herein, is hereby approved for a Conditional Use for a place of
worship pursuant to Section 2.03.01.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 and in Exhibit"B".
ATTACHMENTS: Exhibit A—Conceptual Site Plan
Exhibit B —Conditions of Approval
LEGAL DESCRIPTION: The West 1/2 of the North 1/2 of the North '/2 of the Southeast 1/4 of
the Southwest 1/4 of Section 8, Township 50 South, Range 26 East, Collier County, Florida, less
and except 50 feet along the west line for right-of-way.
CONDITIONS:
The approval of this conditional use is subject to the conditions described 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.
[18-CPS-01756/1430508/1]86 2 of 3
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.
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Date Mar i Strain, Hearing Examiner
Approved as to form and legality:
Gt1
Heidi Ashton-Cicko
Managing Assistant County Attorney
[18-CPS-01756/1430508/l]86 3 of 3
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oI Exhibit "A"
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44 --.-. --` DESIGNEDBY
REVISIONS
e, PR'ELISLAMIC CENTER OF NAPLES o SIGN
b CONDITIONAL USE ISLAMIC CENTER OF DR4+44 PT
O � � NAPLES,INC. F.0.
PAY'"?
SHEET TITLE 2]95 DAVIS BLVD,UNITD
ae~9s Reeve aae4 9n ID+ NAPLES,FL 39106 ars OAS.e
w`P 2391,6B xMa3 CONCEPTUAL SITE PLAN 60015 �E 4A01018 RCMP.TER "�Kf N O Y 4B B
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Exhibit "B"
Page 1 of 2
ZONING CONDITIONS OF APPROVAL
ISLAMIC CENTER OF NAPLES
1. Service Hours:
- Services/ Prayers are held seven days a week and five times a day at the following times, limited
to 35 members for each service/ prayer time.
o Sunrise
o 1:00pm*
o 6:00pm*
o Sunset
o 9:45pm*
* These times are adjusted by one hour when daylight savings occur.
- Service/Prayer on Fridays, between the hours of 12:30-2:30, is limited to 100 members.
- Quran (Bible) Classes are held Sundays from 11:00am—10:00pm, limited to 100 members.
2. The House of Worship is limited to a maximum of 100 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
4. The following accessory uses are permitted (in conjunction with the House of Worship):
Outdoor
- Multi-purpose/ play area
- Gazebos
- Covered pavilions
Indoor
- Sheds (no more than 1,800 SF)
5. Leasing of the House of Worship facility to outside groups is prohibited.
6. Special events,operated by the House of Worship only,are limited to twelve (12)events per calendar
year and subject to a Temporary Use Permit as required, in accordance with the LDC.
7. Outdoor amplified music or sounds are prohibited.
8. Actual building height shall be limited to a maximum of 50-feet for roof type, appurtenances and
screening of roof mounted equipment.
Islamic Center of Naples CU—PL20180000204
Last revised August 23,2018
Exhibit "B"
Page 2of2
9. Actual building height shall be limited to a maximum of 60-feet for a steeple.
10. Any steeple lighting shall be prohibited.
11. This conditional use shall be limited to a maximum of 24 AM peak hour(Friday)and 47 PM peak
hour(Friday) two-way trips, based on the use codes in the ITE Manual on trip generation rates in
effect at the time of the application for SDP/SDPA or subdivision plat approval.
12. Dumpster enclosure shall be placed adjacent to the northern edge of the proposed preserve area.
13. 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.
14. The swimming pool hours shall be limited to 11:00am to 6:00pm.
15. The left turn lane currently serving the Collier County Fleet Garage will be restriped by applicant in
accordance with County requirements in the location shown on the site plan to serve this property,
subject to issuance of a right-of-way permit. The turn lane improvements will be at applicant's sole
cost and will be completed within six months from the date of Conditional Use approval. County
reserves the right in its sole discretion in the future to close or modify the opening based on capacity
or safety issues.
16. Required landscape buffers shall be as follows:
- West property line—15'Type D buffer
- North property line—15'Type B buffer
- East property line—15'Type B buffer, except where the 0.2 acre preserve exists
- South property line—10'Type A buffer, except where the 0.2 acre preserve exists
Islamic Center of Naples CU—PL20180000204
Last revised August 23,2018