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HEX Final Decision 2018-09 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: I. 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. Date Mark Strain, Hearing Examiner Approve s to fo nd legality: Scott A. to Assistant County Attorney [17-CPS-01728/1414472/1)63 2 of 2 �0100•0 o.nsow nuc,aam,,.. 1 NVld 3US T n1d30NOO I A K "'«� 1v)O iH oos iia 0+iawi ..onn.n 33itlHowM N�nnH� '.� nu.•"")� NOSOIA $ .0"yM" wwa 131143d 1tl1S0331M3d 3Sf1 IdNOLLIQNO`3 1_ �d " s3i3� 13IN3d S31S0331N3d VIS3101 i s z - o II _ v' ' 4 - p - z ©el - � 5 XU" U" U " tUj 5 0 5 ppW 4 • ry p O Z O 2 5 N 5 C C M l7 z Ill §W ZK < U mf 2C >. y2' y`� �1u 0L ifi d'C»tu 2 W Q ~ F Q 1- ((��(•Z�YI W 2 �y N ('4 <F (/w/�r� F23 g O o Z 2 E 0 j co (7 7 ,� o LL Z V y z 04 QZ W R 2 m 0.g 0 5 W W O O J iu iu .W Q x nr.i M ZONING: RMF-6 ZONING: RMF-6 LAND USE:UNDEVELOPED LAND USE:UNDEVELOPED — ..i. — L 10'TYPE A LANDSCAPE BUFFER U . ..--.. -..4. -- — •• •• --..— I m I I- Q -20'REAR YARD SETBACKI CO -.1 L i p = Q i J le O iWm N' W LL! w a LL C LL a j �2 Im I. w t1 I m .Z �� I� U i a Ng I re Z9 '. !la- w Lii Au) o J N J QI % r m o Ian a. : w co b I ;► - - - -- IL '•-••.... —\ ZONING: MH 25'FRONT YARD SETBACK I LAND USE:MOBILE HOME IWATER �_ - r-i I-J I PARK \\N‘s.\1 MANAGEMENT ;�, } \ 10'TYPED LANDSCAPE BUFFER i — — — — - E.DELAWARE AVENUE(RIGHT-OF-WAY) ZONING: RSF-4 LAND USE:WATERFRONT I -.- — ---- SINGLE-FAMILY RESIDENTIAL ZONING RMF-6 _ — I LAND USE:UNDEVELOPED Exhibit "A" 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"