HEX Final Decision 2020-28 (Corrective to 2020-16) HEX NO. 2020-28
CORRECTIVE HEARING EXAMINER DECISION
(To Correct Scrivener's Error in Hex No. 2020-16)
DATE OF HEARING.
This CORRECTIVE DECISION is approved on December 2, 2020, in order to correct a
scrivener's error in HEX Decision No. 2020-16, wherein the exhibit to the decision was
inadvertently not included.
PETITION.
PETITION NO. CU PL20180003282 - Evangelical Free Methodist Church — Request for
Conditional Use No.2,"Churches,"of the Residential Single Family(RSF-3)Zoning District,
as provided in Section 2.03.02.A.1.c. of the Land Development Code,to allow redevelopment
and continued use of a Church and related facilities on ±4.4 acres located at 4631 Sunset
Road in Golden Gate City in Section 22,Township 49 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.
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
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10.08.00.D (Conditional Use Procedures - Findings) of the Land Development Code to approve
Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number CU-PL20180003282, filed by
Jessica Harrelson, AICP of Davidson Engineering, Inc. representing Evangelical Free Methodist
Church, with respect to the property described as+4.4 acres is located on the north side of Sunset
Road in the northeast quadrant of Golden Gate City in Section 22, Township 49 South, Range 26
East, Collier County, Florida. The property is also bounded by 17th Court SW to the east, 18th
Place SW to the north, and 46th Street SW to the west, for the following:
• Conditional Use No. 2, "Churches," of the Residential Single Family (RSF-3) Zoning
District, as provided in Section 2.03.02.A.1.c. of the Collier County Land Development
Code (LDC), to allow redevelopment and continued use of a Church and related facilities
on±4.4 acres.
Said changes are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A—Conceptual Site Plan
LEGAL DESCRIPTION.
+4.4 acres is located on the north side of Sunset Road in the northeast quadrant of Golden Gate
City in Section 22,Township 49 South, Range 26 East, Collier County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Church services or church-related meetings and gatherings shall be limited to the hours of
7 a.m. to 12 a.m. (midnight) Monday through Sunday.
3. Leasing of the church facility to outside groups is prohibited.
4. Special events (operated by the church) are limited to twelve (12) per calendar year and
subject to a Temporary Use Permit as required, in accordance with the LDC.
5. Outdoor amplified music or sounds are prohibited, unless permitted under a Temporary
Use Permit for a special event.
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6. Development shall be consistent with the Conceptual Site Plan for Evangelical Free
Methodist Church- Revision Date 1 21 2020, prepared by Davidson Engineering, and the church
is limited to a floor area of 12,291 square feet (including no more than 300 seats).
7. The following accessory uses are permitted:
a. Outdoor play area d. Storage sheds
b. Gazebos e. Counseling and educational services
c. Covered pavilions f. Food services
8. Day care services are not included in this conditional use approval and shall not be offered
on site.
9. Front yard landscape buffers will include 10-foot-wide Type D buffers, as required by the
LDC. Per the Administrative Fence Waiver approval letter dated 10 15 2019, all front yards will
also be buffered by a 4-foot-tall chain link fence.
10. This conditional use shall be limited to a maximum of 8 PM peak hour weekday two-way
trips and a maximum of 164 peak hour, Sunday, two-way trips based on the use codes in the ITE
Manual on trip generation rates in effect at time of application for SDP SDPA approval.
11. For services and other period 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 the
location(s) as direction by Collier County Transportation Engineering Division Director or his
designee.
12. Site lighting shall adhere to the applicable Collier County Land Development Code Criteria
with the following conditions:
a. Site lighting will be Dark Sky compliant with flat panel and full cut off fixtures.
b. Site lighting will have a maximum height of 25-feet.
c. Project site light poles, structures and fixtures will be shielded away from residential
property lines.
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
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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.
ie.2,-,----(-------
December 2,2020
Date Andrew Dickman, Esq., AICP
Hearing Examiner
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