HEX Final Decision 2020-20 HEX NO. 2020-20
HEARING EXAMINER DECISION
DATE OF HEARING.
October 8, 2020
PETITION.
PETITION NO. CU PL20190001369 - A Collier County, Florida, Hearing Examiner
determination to establish a Conditional Use for a church within an Agriculture Mobile
Home Overlay "A-MHO" zoning district, to construct 125,000 square feet of building area
for a 1,000 seat sanctuary and a church office, and to establish a child care center to allow a
maximum of 200 students,and to add conditions of approval.The subject property is located
on the south side of Immokalee Road at the intersection of Krape Road in Section 26,
Township 48 South, Range 26 East, Collier County,Florida.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
2. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
3. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi-Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in-person.
4. The Petitioner and/or Petitioner's representative presented the Petition, followed by County
staff and then public comment.
5. One representative of a nearby church made comments regarding stormwater,weekend traffic,
and public utilities. The applicant's representative adequately addressed these comments.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is sufficient competent, substantial evidence as applied to the criteria set forth in Section 2.03.01
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B.c.1 of the Land Development Code, the Conservation & Coastal Management Element and the
GMP Transportation Element, to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number CU-PL20190001369, filed by D.
Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard Yovanovich, Esq.
representing Destiny Church of Naples, with respect to the property described as ±40.2 acres
located on the south side of Immokalee Road, west of Rivers Road, north of Cannon Boulevard,
and east of Krape Road, approximately two miles east of Collier Boulevard (CR 951), in Section
30, Township 48 South, Range 27 East, Collier County, Florida, for the following:
• A Conditional Use for a church within an Agriculture Mobile Home Overlay "A-MHO"
zoning district, to construct 125,000 square feet of building area for a 1,000 seat sanctuary
and a church office, and to establish a child care center to allow a maximum of 200
students.
Said changes are fully described in the Site Plan attached as Exhibit "A" and are subject to the
condition(s) set forth below.
ATTACHMENTS.
Exhibit A—Conceptual Site Plan
LEGAL DESCRIPTION.
±40.2 acres located on the south side of Immokalee Road, west of Rivers Road, north of Cannon
Boulevard, and east of Krape Road, approximately two miles east of Collier Boulevard(CR 951),
in Section 30, Township 48 South, Range 27 East, Collier County, Florida.
CONDITIONS.
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 "Destiny Church Naples -
Conditional Use Site Plan — Revised 08/23/2020", prepared by Q. Grady Minor and Associates,
P.A.
3. Parking and outdoor play area lighting shall be required to utilize cut-off fixtures in order
to reduce glare to neighboring properties. If parking lot lighting is located within 100' of an
existing residential dwelling,the lighting shall be limited to 15' in height and shall utilize full cut-
off fixtures.
4. The hours of operation are limited as follows:
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a. Religious Facilities
i. Church offices: Between 7 a.m. to 6:30 p.m. Weekdays
ii. Worship Services: Between 6:30 a.m. and 10:30 p.m. Normal operational
hours may be exceeded up to 2 times per month for the accommodation of
special functions.
b. Child Care: 6:30 a.m. to 6:30 p.m., Monday through Friday; for operational hours.
Normal operational hours may be exceeded until 9:30 p.m.to 4 times per month for
accommodation of special functions.
c. Non-worship use of facilities*: Between 7:30 a.m. to 10:30 p.m.
*Non-worship services are accessory to the approved child care and religious facilities uses
including community meetings, civic associations, church youth and elder meetings, guest
speakers, neighborhood meetings, boy and girl scouts, alcoholics anonymous and other
self-help groups and social service clubs, which commonly utilize religious facility space
for community activities.
5. The number of seats provided by the church is limited to a maximum of 1,000 seats.
6. The number of students attending the childcare shall be limited to a maximum of 200
children.
7. The applicant is limited to an overall maximum of 125,000 square feet of building area for
uses authorized by this conditional use.
8. Sports, religious, and community events (e.g. open-air farmers market) are already
permitted on the subject property, subject to the issuance of a Temporary Use Permit as set forth
in LDC Section 5.04.05. The number of all such special events shall not exceed 28 days per
calendar year. Temporary seasonal sales (e.g. pumpkin or Christmas tree sales)are also permitted,
subject to the issuance of a Temporary Use Permit as set forth in LDC Section 5.04.05 and the
time limitation contained therein. These events are allowed prior to the construction of a principal
use.
9. At time of SDP approval, Krape Road shall be improved south from Immokalee Road to
the project entrance. The improvement shall include installation of a sidewalk on one side of Krape
Road.*
*Approval Condition number nine (9) must be modified to include both Rivers Road and Krape
Road improvements to County standards at time of first SDP or Plat. Alternatively access on
Rivers Road must be removed and the internal access shown on the master plan used for the
development.
10. The maximum total daily trip generation for this project shall not exceed 180 two-way PM
peak hour net 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.
Page 3 of 5
11. 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 or 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.
12. Indoor amplified music shall only be allowed when windows and doors are closed. There
shall be no live, recorded or amplified music of any kind prior to 6:30 AM or after 10:30 PM. The
limitation on the time for live, recorded or amplified music may be exceeded up to two times per
month for accommodation of special holiday worship services or events but may not occur beyond
midnight.
13. Outdoor amplified music shall be permitted in conjunction with religious services one time
per month from 10:00 AM to 2:00 PM until the primary sanctuary building is constructed. On-site
restroom facilities shall be provided during this period. Thereafter, no outdoor amplified music
shall be permitted unless approved as a Temporary Use Permit in accordance with LDC Section
5.04.05.
14. Soup kitchens and drug rehabilitation services shall be prohibited.
15. Wildfire Prevention and Mitigation Planning:
a. Access - All vehicular access points and all drive aisles shall provide adequate
width and turning radii to accommodate emergency vehicle access (including
largest fire trucks) and provide access to all structures and parking areas located
on-site.
b. Vegetation - Florida Forest Service may conduct wildfire mitigation and
community outreach in areas of greatest wildfire concern; structure setbacks will
provide a 30 ft. defensible space around the site; principal structure setbacks will
provide greater than a 25 ft. defensible of space from the on-site preserve area,and;
non-highly flammable vegetation/landscaping is encouraged in this preserve
setback area; setbacks from outlets for/connections to ground well or water tank(if
subterranean), or around water tank (if surface), and around fire hydrants will
provide a distance of 25 feet defensible space; landscape buffer plantings shall be
limited to those listed in Florida Forest Service publications and plant density to
follow crown (tree top) spacing guidelines. The following plants are prohibited
from required landscaping and landscape buffers: Saw Palmetto, Wax Myrtle,
Yaupon, Red Cedar, Bald Cypress, young Slash Pine trees, and Gallberry; and,the
following plants are prohibited on the site: Red Cedar, Arborvitae and Italian
Cypress [because detrimental to seniors/forms of senior living facility].
16. An Emergency Preparedness Plan (EPP) shall be submitted at the earliest development
review stage.
Page 4 of 5
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 COURT, 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.
October 23, 2020
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
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SITE INFORMATION:
ZONING: A, AGRICULTURAL (RFMU RECEIVING LANDS)
SITE AREA: 40.2 AC.
OPEN SPACE (70% REQUIRED):
REQUIRED:28.14±ACRES (40.2 X .70)
PRESERVE — 10.05±ACRES
BUFFERS, OUTDOOR PLAY
AREAS, WATER MANAGEMENT
AREAS AND OPEN SPACE— 18.09±ACRES
PROVIDED: 28.14±ACRES
PRESERVE— 10.05±ACRES
OTHER— 18.09±ACRES
PRESERVE (MINIMUM):
REQUIRED: 10.05±ACRES (40.2 ACRES X .25)
PROVIDED: 10.05±ACRES
SETBACKS (MINIMUM):
PRINCIPAL STRUCTURE: ACCESSORY STRUCTURE:
IMMOKALEE ROAD: 50' IMMOKALEE ROAD: 50'
RIVERS ROAD: 50' RIVERS ROAD: 50'
EASTERN BOUNDARY: 50' EASTERN BOUNDARY: 50'
KRAPE ROAD: 50' KRAPE ROAD: 50'
WESTERN BOUNDARY: 30' WESTERN BOUNDARY: 30'
PRESERVE: 25' PRESERVE: 10'
3
NOTES:
1. ALL ON—SITE LIGHTING SHALL BE SHIELDED AND DIRECTED AWAY FROM ADJOINING
PROPERTIES.
2. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY
PERMITTING REQUIREMENTS.
3. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER
EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL
PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION
3.05.07.
4. PRESERVES MAY BE UTILIZED AS PART OF THE OVERALL WATER MANAGEMENT SYSTEM FOR
PRE—TREATED STORMWATER.
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