HEX Transcript 08/23/2018August 23, 2018 HEX Meeting
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples, Florida
August 23, 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
Heidi Ashton-Cicko, Managing Assistant County Attorney
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,AUGUST 23,2018 IN CONFERENCE
ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING®ULATION
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. BDE-PL20180001257—Mary Wambach and Glennon Melton request a 22-
foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land
Development Code, for a total protrusion of 42 feet,to accommodate a new docking facility for
the benefit of Lot 20, Landings at Bear's Paw, also described as 1684 Vinland Way, in Section
35, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: James Sabo,
AICP,Principal Planner]
B. 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. [Coordinator:James Sabo,AICP,Principal Planner]
4. OTHER BUSINESS:
A. HEARING EXAMINER DECISION TO CORRECT A SCRIVENER'S ERROR IN HEX
NO.2018-13
PETITION NO. BD-PL20170002726 — Daniel Scandiff requests an 11-foot boat dock
extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land
Development Code for a total protrusion of 31 feet to construct a 908 square foot docking facility
with a boat lift and a kayak/paddleboard platform lift for the benefit of Lot 2, Block H of the
Conner's Vanderbilt Beach Estates Unit subdivision, also described as 474 Palm Court, in
Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Timothy
Finn,Principal Planner]
5. PUBLIC COMMENTS
6. ADJOURN
August 23, 2018 HEX Meeting
PROCEEDINGS
HEARING EXAMINER STRAIN: Good morning, everyone. It's 9:00. We'll move forward with
our meeting.
Welcome to the Thursday, August 23rd, meeting of the Collier County Hearing Examiner's Office.
If everybody will please rise for the pledge of allegiance.
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Thank you.
A few announcements. 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.
A review of the agenda, we have two advertised public hearings, then one other business, a clean-up of
a scrivener's error. There are no changes to the agenda, and staff doesn't have any, I believe, so we'll move
right forward into our first advertised public hearing.
This is for Petition No. BDE-PL20180001257, the Mary Wambach and Glennon Melton request for a
boat dock extension in the Landings at Bear's Paw.
All those wishing to testify on behalf of this item please rise to be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: Disclosures on my part. We've done quite a few of these in that
area, so I have no reason for communication with anybody, including staff.
And with that, I notice there are no members of the public here. If there is anybody here for this item,
would you please raise your hand?
(No response.)
HEARING EXAMINER STRAIN: Okay. Jeff, we've done this so many times before, and you
haven't deviated from the template that we started for this particular project, so it's a shame that, when this all
started years ago, they all didn't get together and do it all at once, but --
MR. ROGERS: Right.
HEARING EXAMINER STRAIN: -- regardless, you've met all of the requirements we previously
put, so unless you've got something else for the record, I have nothing. Okay.
MR. ROGERS: For the record, Jeff Rogers, with Turrell, Hall & Associates.
That's it. Good to go.
HEARING EXAMINER STRAIN: Thank you.
Turn to staff. Does staff have any comments on the first petition?
MR. SABO: We recommend approval, Mr. Strain.
HEARING EXAMINER STRAIN: I'll ask again.
Is there any member of the public here who would like to speak to this item?
(No response.)
HEARING EXAMINER STRAIN: We'll close the public hearing.
And, Jeff, I'll have a decision out on this within a week.
MR. ROGERS: Thanks, Mark.
HEARING EXAMINER STRAIN: That takes us to Petition No. CU-PL20180000204, Islamic
Center of Naples, Inc., for a conditional use on an Estates Zoning District off of County Barn Road.
All of those wishing to testify on behalf of this item, please rise and be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: Thank you.
Disclosures on my part, I have had conversations with staff. I've read all of the history on the project,
and the present -- the staff report. I've also talked to the applicant's representative, Mr. Yovanovich, and I
spoke to the commissioner from the district several times on the matter, as well as the assistant county
manager.
So with those disclosures in place, whoever is going to be representing the applicant, would you mind
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coming forward to the mic. and identifying yourself?
MS. WEAVER: Good morning. My name is Anna Weaver. I'm with Davidson Engineering.
HEARING EXAMINER STRAIN: So you are the new planner with Davidson. Nice to meet you.
MS. WEAVER: I am. Nice to meet you.
HEARING EXAMINER STRAIN: I have got correspondence from you in the last couple of days
that you have copied staff with --
MS. WEAVER: Yes.
HEARING EXAMINER STRAIN: -- regarding some changes --
MS. WEAVER: Correct.
HEARING EXAMINER STRAIN: -- to the conditions that were discussed previously. So I
appreciate your timeliness in getting those about.
Normally I read everything. I read the staff reports, and I don't need presentations in these meetings,
unless there are members of the public here who are interested. Since there are, they may not have had the
benefit of the staff report, so I'll have to ask you to provide a short presentation.
MS. WEAVER: Sure.
HEARING EXAMINER STRAIN: You're more than welcome to use the overhead, anything you
need.
MS. WEAVER: Yes. Okay. So we're here to discuss PL -20180000204 for the Islamic Center of
Naples.
Here with me this morning I have Josh Fruth and Jessica Harrelson from Davidson Engineering, as
well as Rich Yovanovich, the counsel for our client.
The site is located on the east side of County Barn Road, just south of Davis Boulevard and north of
Rattlesnake Hammock Road. It's located at 2801 County Barn Road, and just under five acres. And you can
see here it's just to the north of the Collier County garage facility.
So just some quick history on the property. Resolution 84-84 was approved to grant provisional use as
a private school, and then Resolution 95-532 was granted for conditional use as a place of worship. Most
recently the property operated as a school, and both of those resolutions have since expired.
So the existing zoning on the property is Estates District, where some permanent uses are single family
dwelling, family care facilities, essential services and educational plants. Places of worship are allowable as a
conditional use.
So here you can see, this is the existing conditions. It's a little tough to see, but you have two
structures and then a playground and a swimming pool toward the rear of the building.
So here is our conceptual site plan. We're not proposing very many changes to the site, just
establishing a preserve area, since there was no previous SDP on file. Sothis site would require .2 acres of
preserve. And along County Barn Road we will be restriping to create a left turn lane into the site.
So here you'll see the site is projected to have over 20 vehicles entering into the site by left turn, which
warrants a left -turn lane. The previous use of the property did generate more traffic than that, but, since there
was no SDP, and it was established quite a long time ago, the left turn lane was never created.
So then here starts our list of proposed conditions of approval. I could read through them all, if you
would like.
HEARING EXAMINER STRAIN: For the benefit of the public, if you wouldn't mind.
MS. WEAVER: Okay. Sure.
HEARING EXAMINER STRAIN: It's kind of hard to read, if you read from that, it will help.
MS. WEAVER: Absolutely.
So the first one is mostly about service hours. There will be -- services and prayers are held seven
days a week and five times a day at the following times, limited to 35 members at each service or prayer:
Sunrise, 1:00 p.m., 6:00 p.m., sunset and 9:45 p.m. These times are adjusted by one hour when Daylight
Savings Time occurs.
The service and prayer on Fridays between the hours of 2:30 -- I'm sorry -- 12:30 to 2:30 is limited to
100 members, and the Koran classes are held Sundays from 11:00 a.m. to 12:10 p.m. -- sorry -- limited to 100
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August 23, 2018 HEX Meeting
members.
Number 2 is, the house of worship is limited to a maximum of 100 seats. The following accessory
uses are prohibited: Daycare, food services and educational services.
Number 4 is that the following accessory uses are permitted in conjunction with a house of worship:
Outdoor multi-purpose and play area, gazebos, covered pavilions. And then indoor sheds are permitted no
more than 1800 square feet.
Leasing of the house of worship facility to outside groups is prohibited. Special events operated by
the house of worship only are limited to 12 events per year and are subject to the temporary use permit
requirements in accordance with the LDC.
Outdoor amplified music or sounds are prohibited. Actual building height shall be limited to a
maximum of 50 feet per roof type appurtenances and screening for roof -mounted equipment.
And then actual building height should be limited to a maximum of 60 feet for a steeple. All steeple
lighting shall be prohibited. This conditional use shall be limited to a maximum of 24 a.m.-peak hour on
Friday and 47 p.m. -peak hour on 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 on subdivision plat approval -- or
subdivision plat approval.
The dumpster enclosure shall be placed adjacent to the northern edge of the proposed preserve area.
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, at other locations
directed by Collier County Division Director of Transportation Engineering or his designee.
The swimming pool hours shall be limited to 11:00 a.m. to 6:00 p.m.
And then the left -turn lane currently serving the Collier County Fleet Garage will be restriped by the
applicant in accordance with the county requirements in the location shown on the site plan to serve this
property, subject to issuance of the right-of-way permit. The turn lane improvements will be at the applicant's
sole cost and will be completed -- we're hoping to change this language. Instead of "prior to commencement of
the church use" to possibly "six months from the date of approval." And --
HEARING EXAMINER STRAIN: I had mentioned that to your attorney before the meeting, only
because it's better to have a time frame than an open-ended commitment like that.
MS. WEAVER: Correct.
HEARING EXAMINER STRAIN: It poses some problems. So we'll talk a little more when you
finish.
MS. WEAVER: Okay.
The County reserves the right at its sole discretion in the future to close or modify the opening, based
on capacity or safety issues.
And then the last condition is the required landscape buffers. These are exactly the way they are
shown on the site plan. So the west property line is to be a 15 -foot Type D buffer; north property line, 15 -foot
Type B buffer; east property Line 15 -foot Type B buffer, except where the .2 -acre preserve exists. And the
south property line, 10 -foot Type A buffer, except where the .2 -acre preserve exists.
So that concludes our proposed conditions of approval. Most of them are pretty much the same as
other houses of worship that have been approved recently, so we tried to stay consistent with that with staff.
HEARING EXAMINER STRAIN: Thank you. And appreciate you adding the last three that I had
looked at during the review of the staff report, and clean it up.
I also notice that you had -- it looks like you had prepared this for a PowerPoint.
MS. WEAVER: Yes.
HEARING EXAMINER STRAIN: And I am pleased to see -- I had talked to Davidson Engineering
months ago on another project, a very complicated one, that it would help to start using PowerPoints.
Unfortunately, that room that they use on that is not the room we're in today, and this room doesn't have the
ability. But it's a really good idea and I like the fact your firm is kind of doing that, I think, on all of your
projects. It makes for a lot more clarity. I just wish we had that ability inhere today, so...
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MS. WEAVER: This seemed to work okay.
HEARING EXAMINER STRAIN: Yeah. No. You did fine. It's a little hard to read.
MS. WEAVER: Yeah.
HEARING EXAMINER STRAIN: That is probably the difference. A PowerPoint has got a higher
resolution.
MS. WEAVER: Yeah.
HEARING EXAMINER STRAIN: On the issue involving the turn lane, it -- the way it read at the
time of the last rendition I saw, "The turn lane improvements will be at the applicant's sole cost and will be
completed prior to commencement of the church."
Again, I would like to make sure that we have a set time frame in there. Can't tell how long things
take to do, and I hate to see you held up if there is not a need for it. Normally what does it take to get a process
like that approved and implemented?
MS. WEAVER: For the turn lane?
HEARING EXAMINER STRAIN: Yes.
MS. WEAVER: I would imagine six months is sufficient for that.
HEARING EXAMINER STRAIN: If you -- this is put in here as a condition with a time frame, it
will lock you into a time frame that you would have to come back in and change this, or another process like
this.
MS. WEAVER: Correct.
HEARING EXAMINER STRAIN: So I, just to make sure, from the staffs perspective, when they
talk, and from the transportation department's perspective that they feel that time frame is adequate.
MS. WEAVER: I think we feel that it's adequate. So, unless staff thinks otherwise, then we're okay
with it.
HEARING EXAMINER STRAIN: I don't have any other questions. Most of them involved the
last -- adding in the conditions. You have utilized the standards that we use for churches, so that's worked out
fine.
MS. WEAVER: Okay. Great.
HEARING EXAMINER STRAIN: Thank you.
I'm going to talk with staff, and we'll have the public speakers, and then you'll have some time to rebut,
if you would like, since this is the first time I think you've appeared before at least me, so...
MS. WEAVER: Yes. Thank you.
HEARING EXAMINER STRAIN: Thank you.
MS. WEAVER: Thank you.
HEARING EXAMINER STRAIN: Is there a staff report?
MR. SABO: Mr. Chairman, the zoning division reviewed the petition and recommends approval,
subject to the conditions discussed.
HEARING EXAMINER STRAIN: Do you have any concerns with the change of
the -- commencement of the turn lane improvements or the completion of the turn lane improvements?
MR. SABO: I do not.
HEARING EXAMINER STRAIN: Okay. I did want -- I saw Mike Sawyer here.
Mike, would you mind coming up, since you're with Transportation Planning?
MR. SAWYER: For the record, Mike Sawyer, Transportation Planning.
HEARING EXAMINER STRAIN: I know that you have been back and forth with the applicant on
some language for No. 15, that we just spoke about, the turn lane improvements. And this morning I saw your
e-mail accepting the latest version.
We made this one change this morning, on the fly here, concerning the time frame. Do you have any
issues with that?
MR. SAWYER: Ido not. That would be just fine with us.
HEARING EXAMINER STRAIN: In your experience, with the amount of these kinds of changes
going through, is six months an adequate amount of time?
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MR. SAWYER: Six months should certainly be an adequate amount of time from approval. That
would be fine. Yes.
HEARING EXAMINER STRAIN: I don't have anything else. Thank you.
MR. SAWYER: Thank you.
HEARING EXAMINER STRAIN: With that, are there any members of the public registered to
speak?
MR. SABO: Yes. Mr. Chairman -- Mr. Hearing Examiner, sorry -- you are certainly welcome to be
the chairman, if you would like.
The first one is Myrka Gonzalez.
HEARING EXAMINER STRAIN: Ms. Gonzalez, when you get to the microphone, if you could
spell your name for the court reporter so she gets it accurately.
MS. GONZALEZ: M -Y -R -K -A. Gonzalez is spelled G -O -N -Z -A -L -E -Z.
HEARING EXAMINER STRAIN: Thank you.
MS. GONZALEZ: You are very welcome.
HEARING EXAMINER STRAIN: Please proceed.
MS. GONZALEZ: I'm here wearing two hats. I'm here representing Mayflower Congregational
Church. Mayflower Congregational Church is about 500 feet from where this facility is proposed.
Unfortunately our pastor, Pastor Coe, was unable to be here. He had a medical procedure. He did,
however, send a letter. I have a copy of that letter, and I will also read it into the record.
HEARING EXAMINER STRAIN: You'll be able to supply one to the court reporter? Thank you.
MS. GONZALEZ: And that reads, "As pastor of the Mayflower United Church of Christ at 2900
Country Barn Road, I am writing in support of the conditional use to allow a place of worship for the Islamic
Center of Naples. The property in question is located diagonally across the street from Mayflower Church.
"As a community of faith, we will welcome our new neighbors and the opportunity to get to know
them. We at the congregation look forward to learning more about the Islamic religion, the similarities and
the differences between our two faith's traditions.
"In this age of division and fear, it is important to reach out to neighbors with love and grace. And I
apologize for not being present at the hearing, as I have a medical procedure." And that is signed by the
Reverend Alan Coe.
I would state that I was present at the last hearing that was held. In fact, it was held at the Mayflower.
And there were a variety of people present, some for, some against. I also live within two and a half miles of
the facility. I go up and down this road regularly.
The objections that were raised at that time had to do with changing the area. And there have been
changes to that area, and they are very unfortunate and rather ugly. We have had, you know, all of these big
homes that have been built down the street. But, as I see it, keeping this and allowing this to take place will
keep the area the way it has been for years, as opposed to having it revert back to where they could build, I
believe, approximately 20 houses on that same piece of property, and that would mean, let's see, two cars per
home on an average. That's 40 cars going in and out twice a day, minimum. And that will change that area
much more than allowing this to go forward.
There was another thing that was a concern, and, since I'm the first speaker, I don't know if anyone is
going to raise it, but sort of the white elephant in the room. Oh, my God, these are Islamic people. They must
be terrorists. And, you know, I've met some of these people. In fact, I have had the opportunity to work
along with some of the women who are teachers. They are some of the kindest, most caring, best teachers in
some of these schools. They are intelligent women, and they are the farthest thing from being terrorists. And
it's a shame that we automatically have that in your minds.
But for those people who are concerned, you know what? There is a police station down the street on
County Barn Road.
HEARING EXAMINER STRAIN: We're getting off track. This meeting is strictly limited to Land
Development Code issues, and I appreciate your insight into the rest of it, but we kind of want to stay with the
land development issues, which was where you started out, so...
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MS. GONZALEZ: We have no objection as a church. I, as an individual, have no objection. I'm
glad to see they are putting in the turning lane. I think that is a very good idea, because it would be useful
there.
So I welcome this, and I have nothing else to say. Thank you.
HEARING EXAMINER STRAIN: Thank you very much, ma'am.
Are there any other speakers?
MR. SABO: Yes, Mr. Strain. The next speaker Bill Wingate.
HEARING EXAMINER STRAIN: Mr. Wingate, if you could come up, and we got your first name
pretty much, I bet, but maybe you could spell your last name, just to be sure for the record. Thank you.
MR. WINGATE: Good morning.
HEARING EXAMINER STRAIN: Good morning.
MR. WINGATE: My last name is Wingate, W -I -N -G -A -T -E.
Can you all hear me?
HEARING EXAMINER STRAIN: Yes, sir.
MR. WINGATE: I found out about this proposal for this place of worship last week. I saw the sign.
I didn't have the opportunity to go to the Mayflower for the previous meeting on this.
I do live one street over from this proposed site. I do object to it, based on, there are 20 spots there.
This was a county day school. I have no idea, as an owner in the community, what size building are they
going to put here? How high is it going to be? How many people are going to congregate at this seven days a
week, five times a day, from daybreak to 10:00 at night? Am I going to hear, you know --you put these
conditional --
HEARING EXAMINER STRAIN: Conditions.
MR. WINGATE: -- conditions in for no loud speakers, which, that's all fine and dandy now, but, you
know, five years from now, are we going to have a five -story mosque there chanting out, you know? I live in
the neighborhood. I don't have -- I don't live two miles away. What are my property values going to be based
on this?
I mean, you guys, as a board, need to think long term. This is, you know -- what are they going to do
with the building now? How big is it going to be five years from now?
You know, you spend $950,000 for a limited use for a school that has 20 parking spots? There is over
a hundred people that visit their prayer services, three days ago, two days ago, at the North Collier Community
Center. Well over a hundred people were there. How are they going to house -- how are they going to get the
vehicles in here? There is a lot of stuff involved in just the planning of this that just doesn't, doesn't pass the
smell test.
Currently we have three churches on County Barn Road. Churches are community -oriented
facilities. You know, I have nothing against the Islam faith, the Muslim faith. I don't know that much about
it to have anything against it. I don't really care, but what I do care about is, I'm a resident of the area and I
don't want to see my property values, or anybody else in my area's property values go down because of
something of -- that you guys aren't really foreseeing down the road.
I don't know about it. I live in the neighborhood. I would like to know all about it before these plans
go forward. I mean, I don't like the fact that there are developments going up no more than she does. You
know, I'm in the area. My watershed is toward County Barn Road from my house. It has to go through a weir,
then pass this property. What are they going to do to block all of that water up? Where is their watershed
going to be, because the back side of my property sheds that way as well? I've already -- we've already got
special treatment, special zoning areas back there in the wetlands that flow that way. You know, what are they
going to build? Are they going to build swales back there to stop that water from going?
There are a lot of questions that I have about it, and, for that reason, I do oppose the site. It has
nothing to do with the religion, it has everything to do with what they are going to do with that footprint. And,
you know, I don't know anything about it.
You know, I'm thinking long term. I'm 50. I'm going to be there until I die, and we have a nice,
private road there, nice private street. I mean, my neighbor up the road is 300 feet from the back of this
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property corner. I can assure you, he doesn't want to hear music at 5:00 in the morning, seven days a week,
so -- and, you know, don't kid yourselves.
Hopefully you can all -- you guys are intelligent. You know what is going to happen in the long term,
but I don't. I don't know what the plans look like. I don't know what their building plans look like. I don't
know how somebody with such a small congregation can come up with $950,000 to buy something for a
conditional use. What are they going to do with it? Spend another million dollars to do with what?
So I would like to see the plans, the specs on what's going on. It's going to affect my community. I
mean, I live -- three, six, nine, twelve -- 1800 feet away from this.
So that's what I got. Thank you.
HEARING EXAMINER STRAIN: Thank you.
Just one comment. As the project, let's say develops over time, those changes on the site will have to
come in for permitting. This is not that kind of permit. This is strictly the land use, and it matches somewhat
to the land use that was previously there. Not the school, but the previous church.
MR. WINGATE: Correct.
HEARING EXAMINER STRAIN: I will ask the applicant to come up and explain how their
build -out plans are being looked at, what they are considering.
The limitations on the number of people are maximums. I don't know what their congregation is
today. During the week they have a much lower, about a one-third of the maximum during the week. So some
of that stuff has been addressed in conditions that were read into the record. I just wanted you to be aware of
it, because it did talk a little bit about some of the activities that will go on on the site, including prohibition
against any outdoor amplified sound.
So, kind of interesting, I live not too far from a church, and that prohibition wasn't put on that church
when I -- when they came in, years after I did, and they have plenty of outdoor amplified sound. But yours has
a prohibition. Not yours, but this particular location will have that prohibition, so that will hopefully help with
that particular issue.
MR. WINGATE: The 20 parking spots, the 20 parking spots?
HEARING EXAMINER STRAIN: That's a change they will have to address when the building is
modified to become a church, and, if it shows seating for a capacity that requires more parking spaces, they will
have to show them on site.
Those are issues far beyond today's meeting. Today it's the land use itself. How they meet the
requirements of the code -- for the building code and implementation will have to come at different stages.
Today is just saying, the use as a church, with these restrictions is requested and then --
MR. WINGATE: So you are strictly just dealing with land issues --
HEARING EXAMINER STRAIN: It is.
MR. WINGATE: -- turning into the church.
HEARING EXAMINER STRAIN: But the details you are asking about are usually provided at what
is called a site development plan stage, and that isn't the stage we're at here today, so...
MR. WINGATE: County Barn Road, you all know, is two lanes, with a bike lane.
HEARING EXAMINER STRAIN: Yup.
MR. WINGATE: It just doesn't make sense.
Anyway. Have a good day.
HEARING EXAMINER STRAIN: Yes, sir.
Are there any other speakers registered?
MR. SABO: I have none.
HEARING EXAMINER STRAIN: Okay. Is there any member of the public who has not spoken
that would like to speak?
(No response.)
HEARING EXAMINER STRAIN: With that I'll turn to the applicant, if there is anything you would
like to address. I -- if you know some of your build -out plans or how you are planning to move forward with
the property, if you could provide some of that information, that would be helpful.
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August 23, 2018 HEX Meeting
MR. YOVANOVICH: For the record, Rich Yovanovich.
Initially our plans were to use the existing facilities, and really make no modification to those. As we
counted -- and I know this is of bad quality, but, trust me, I think there are about 37 striped parking spaces right
now that exist, and you'll see the asphalt area that's to the top of the page and to the right.
We could probably easily get another hundred spaces on that, if we ever did the expansion, which
would be far more than whatever would be required for a hundred -seat, you know, facility, which is all we are
limited to right now.
You and I have been around for a while with a lot of different houses of worship that have been
approved through the years, and you are right. We've come up with new standards which have addressed
concerns related to outdoor amplification and music, and churches are throughout Collier County with those
new regulations that have been good neighbors and non -issues for communities.
I don't see this facility, from a planning standpoint, being any different than what was previously on
the site, and probably less of a potential noise generator when it was a school.
So we would request that the hearing examiner approve the conditional use. And again, no plans
today to change what's on site, but we'll go through the typical SDP review process that is required of every
property that is developed in the future, and we have more than enough space to address parking concerns
raised by the last speaker.
HEARING EXAMINER STRAIN: Are you going to be doing any interior remodeling, do you
know?
MR. YOVANOVICH: I'm sure there will probably be some interior remodeling.
FEARING EXAMINER STRAIN: The reason I'm asking is because that remodeling will drive the
need to match up to the amount of parking spaces.
MR. YOVANOVICH: Right.
HEARING EXAMINER STRAIN: So the amount of usable space that you produce.
MR. YOVANOVICH: Right, and I think there is no -- you know, I shouldn't say there is no question,
because I don't know the exact parking count for 100, if we maxed out the 100 seats. I don't know if that
would exceed the 37 spaces we have there today, but, if it did, we'll have to account for more parking spaces,
and we have more than enough room on the site to make that happen through a site plan review process that
would be required if we made changes to the amount of air conditioned space, would put us into an SDP
process.
I don't believe there is currently an SDP on this site, because I think it predated those requirements.
HEARING EXAMINER STRAIN: And I -- my thought was, if you are going to be changing the use
through seating capacities, you are going to have to show how you are handling the parking, so...
MR. YOVANOVICH: Which we will do.
HEARING EXAMINER STRAIN: Okay. I don't have any other question. Anything you want to
add in closing?
MR. YOVANOVICH: I don't think so.
HEARING EXAMINER STRAIN: Okay. With that, we've heard from the applicant, staff and the
public, and we'll close the public hearing, and a decision will be rendered within 30 days on this matter.
Thank you all for attending. I appreciate your input.
And that takes us to No. 4, Other Business. Item A, Hearing Examiner decision to correct a scrivener's
error in a HEX -- in our previous numbered decision 2018-13, and it happened to be a typographical error,
when, instead of 31 feet the document showed 33 feet in one section, but 31 in the other. This is to correct
them both so that 31 feet is consistent. And that was just read in for the record.
Now, anybody here, member of the public, have any further comments?
(No response.)
HEARING EXAMINER STRAIN: Hearing none, this meeting is adjourned. Thank you.
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August 23, 2018 HEX Meeting
There being no further business for the good of the County, the meeting was adjourned by order of the
Hearing Examiner at 9:30 a.m.
CO LL CO T G EXAMINER
_ Lv
STRAIN, HEARING EXAMINER
ATTEST
CRYSTAL K. KINZEL, CLERK
These minutes approved by the Hearing Examiner on 9 " , as presented or as
corrected
TRANSCRIPT PREPARED ON BEHALF OF
U.S. LEGAL SUPPORT, INC.
BY ELIZABETH M. BROOKS, COURT REPORTER AND NOTARY PUBLIC.
Page 10 of 10