HEX Final Decision 2019-05 HEX NO. 2019-05
HEARING EXAMINER DECISION
PETITION NO. CU-PL20180001697—Christ the King Orthodox Presbyterian Church,Inc.
requests a Conditional Use to allow a church within the Agricultural (A) zoning district
pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for
property located at the southeast corner of Crews Road and Santa Barbara Boulevard,
approximately one mile south of Davis Boulevard, in Section 9, Township 50 South, Range
26 East, Collier County, Florida.
DATE OF HEARING: January 24, 2019
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:
Staff has received no objections to this application and at the required Neighborhood Information
Meeting, no objections were noted. This hearing was attended by members of the public and no
objections were expressed.
This application is for a church of up to 21,000 square feet and 400 members. Staff has
recommended, and the applicant has agreed to a variety of conditions to further compatibility of
this proposed use with the neighborhood.
This application does not include day care;however,childcare and babysitting services are offered
to congregation families during church services and an outdoor play area may be provided for
children for use during services. Other church related activities such as group ministries, bible
study and similar activities may occur outside typical worship times. The church may make their
facilities open to a variety of meetings, which may include scouts, blood drives, neighborhood
information meetings, club meetings, and similar activities.
DECISION:
Petition Number CU-PL20180001697, filed by D. Wayne Arnold of Q. Grady Minor and
Associates, P.A. representing Christ the King Orthodox Presbyterian Church, Inc. with respect to
the property described herein is hereby approved for a Conditional Use to allow a church within
[18-CPS-01805/1458406/1167 1 of 3
the Agricultural (A)zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land
Development Code in accordance with the Site Plan described in Exhibit "A", and subject to the
condition(s) set forth below.
ATTACHMENTS: Exhibit A— Site Plan
LEGAL DESCRIPTION: The North one-half of the Southwest 'A of the Southwest '/4 of the
Southwest '/4 of Section 9, Township 50 South, Range 26 East, Collier County, Florida, less the
North thirty (30) feet thereof to be reserved for road right-of-way purposes only as recorded in
Official Records Book 619, Page 25 in the Public Records of Collier County, Florida.
CONDITIONS:
The approval of this conditional use is subject to the following condition(s):
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. This conditional use is limited to that which is depicted on the "Christ the King Orthodox
Presbyterian Church - Conditional Use Site Plan - Revised 01-02-2019", prepared by Q.
Grady Minor and Associates, P.A.
3. At the time of Site Development Plan (SDP), the applicant shall submit plans illustrating
that outdoor lighting for the parking areas is designed to reduce light spillage beyond the.
property lines.
4. The hours of operation are limited as follows:
a. Weekdays - Church offices - 7AM to 9PM
b. Weekends - Worship services in the morning and/or early evenings.
5. The number of seats provided by the church is limited to 400 seats.
6. The applicant is limited to only one principle structure at approximately 21,000 square feet.
7. At time of SDP approval,the required sidewalks along Crews Road shall be constructed to
County Standards. Access to Sunset Boulevard shall be limited to emergency access only.
8. For services and other periods and events of significant traffic generation, as determined
by County staff, the property owners shall provide traffic control by law enforcement to a
law enforcement approved service provided as directed by County staff, with staffing at
location(s) as directed by the County Manager or his designee.
9. Day care services are not included nor allowed with this application.
[18-CPS-01805/1458406/1167 2 of 3
10. Daily Weekday PM Peak Hour trip generated will not exceed 12 vehicles per hour(vph).
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.
2 19
JAPAC
Date Mar Strain, Hearing Examiner
Approved� as to form and legality:
Dotj
Heidi Ashton-Cicko
Managing Assistant County Attorney
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