HEX Final Decision 2019-15 HEX NO. 2019— 15
HEARING EXAMINER DECISION
PETITION NO. CU-PL20170003317 — Beraca Baptist Church, Inc. requests a Conditional
Use to allow a church within a Rural Agricultural (A) zoning district pursuant to Section
2.03.01.A.1.c.7 of the Collier County Land Development Code for a 3.5± acre property
located on the north side of Lake Trafford Road, approximately 1000 feet east of Little
League Road in Immokalee, in Section 31, Township 46 South, Range 29 East, Collier
County, Florida.
DATE OF HEARING: March 28, 2019
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:
Members of the public and members of the congregation attended this hearing. The abutting
property to the west is a single-family home site. This property owner was in attendance and
expressed concerns for a church operating at this location. The area in general has seen
increased density on many surrounding properties and this neighbor is one of the few remaining
large individual tracks. Concerns over additional activity and noise were expressed. The church
pastor spoke to describe the operational aspects of the proposed church in response to the
neighbor's concerns.
In addition, an email was received by staff from a representative of the higher density
neighborhood to the east. Issues that had been previously raised during staff's review are
addressed in the conditions of approval and changes to the site plan.
The conditions included with this decision include limitations to assure compatibility with the
neighborhood and memorialize commitments made by the applicant.
[18-CPS-01752/1468820/1]46 1 of 3
DECISION:
Petition Number CU-PL20170003317, filed by Ronny De Aza of RDA Consulting Engineers,
Inc., representing Beraca Baptist Church, Inc. with respect to the property hereinafter described
in Exhibit "A", is hereby approved for a Conditional Use to allow a church within a Rural
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 Conceptual Site Plan described in Exhibit "B", and
subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—legal description
Exhibit B—Conceptual Site Plan
LEGAL DESCRIPTION: See Exhibit A.
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. With the exception of the parking area, the Beraca Baptist Church Use shall be limited to
that which is depicted on the Beraca Baptist Church Conceptual Site Plan attached as Exhibit
"B". The depicted parking area may be expanded to accommodate required off-street parking to
meet the maximum seating allowed, in the event the petitioner does not seek an administrative
parking reduction.
3. The hours of operation shall be limited to the following:
Weekday: 7:00 pm—9:00 pm
Weekend: 9:00 am—9:00 pm
Weekday: Friday
Weekend: Sunday
4. The number of seats provided by the church shall be limited to 75.
5. The applicant shall be limited to only one principal structure at approximately 4,442
square feet.
6. Perimeter fencing shall be repaired and maintained by the property owner in accordance
with the LDC (Land Development Code), prior to the issuance of a Certificate of Occupancy for
a church at the subject location.
7. Perimeter buffers will be as required by the LDC and existing buffers not meeting the
LDC requirements will be improved to meet or exceed those standards.
[18-CPS-01752/1468820/1]46 2 of 3
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 provided and as directed by Collier County staff, with staffing
and location(s) as directed by the Collier County Transportation Administrator or designee.
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.
Q\
Date arkl Strain, Hearing Examiner
Appro'-d as to fo and legality:
wit
Scott A. ane
Assistant County Attorney
[18-CPS-01752/1468820/1]46 3 of 3
INSTR 5513654 OR 5479 PG 1554 RECORDED 2/21/2018 10:52 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC@.70 $0.70 REC $18.50
Exhibit "A"
THIS INSTRUMENT PREPARED BY:
Thomas K. Boardman
THOMAS K. BOARDMAN,P.A.
P.O. Box 2197
LaBelle, Florida 33975
PREPARED WITHOUT EXAMINATION OF TITLE
AND BASED UPON A LEGAL DESCRIPTION
PROVIDED BY THE GRANTOR.
Parcel ID Nos.: 00071840008 and 00072800005
WARRANTY,DEED
THIS INDENTURE,made tjh$ , day ofF ` , Q18,between MARC SAINRIUS
BELLEUS,Grantor,whose addrds -I`303 Santa Rosa, Eakatee,Florida 34142,to BERACA
BAPTIST CHURCH,INC.,arElorida;nnt-forr,pr fit c orati ,Grantee,whose mailing address
is P.O. Box 922, Immokalee, Florida 314
1/7-71 --t\-7,77-,k7 77\ \
WITNESSETH,that the C.raitor,gfok a dd)1-)ckneld.6.raltonlof the sum of TEN DOLLARS
AND NO/100 AND OTHER o tk 0 C itp*TIONS,to him in hand paid
by the Grantee,the receipt wh )is hereby acknowlei4ed,has Or t;d,bargained,and sold to the
Grantee,its heirs and assigns fore1,the following des., ' dig a fd; tuate,and being in the County
of Collier, State of Florida,to witf \ 2
All of the Grantor's undivided e in #ollowin_:
Parcel 1: Commencing at the Northwest corner of Section 31, Township 46 South,
Range 29 East,Collier County,Florida,run South 84°45'30"East 987.00 feet along
the North line of said Section;thence South 00°49'30"East 2160.96 feet to the Point
of Beginning; thence continue South 00°49'30" East 400.00 feet to the North right
of way line of Lake Trafford Road(C-850);thence North 87°57'00"West 200.00 feet
along said right of way line;thence North 00°49'30"West 400.00 feet;thence South
87°57'00" East 200.00 feet to the Point of Beginning.
Parcel 2: Commencing at the Northeast corner of Government Lot 1 of Section 31,
continue along the Northerly boundary line of Section 31 South 84°45'30"East 30.17
feet to a concrete monument;thence South 00°49'30"East 2160.96 feet parallel with
the East line of said Government Lot 1 to a concrete monument, said monument
being 400 feet North of the North boundary line of State Road S-850, said point
being the Point of Beginning;thence continuing along the same line South 00°49'30:
East 400 feet to a concrete monument on the Northerly boundary line of State Road
S-850; thence South 87°57' East along said Northerly boundary line of State Road
S-850 150 feet to a point; thence North 00°49'30" West 400 feet to a point;thence
North 87°51'West 150 feet to a concrete monument and the Point of Beginning. The
above described parcel being a part of the Northwest 1/4 of Section 31,Township 46
South,Range 29 East, Collier County, Florida.
Exhibit"B"
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