HEX Final Decision 2022-37 HEX NO. 2022-37
HEARING EXAMINER DECISION
DATE OF HEARING.
!NSTR 6311181 OR 6175 PG 3422
RECORDED 9/21/2022 9:26 AM PAGES 5
August 11,2022 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
PETITION. REC$44.00
Petition No. CUD-PL20220001253 -St.John the Evangelist-A request for a comparable use
determination that a rectory is comparable, compatible, and consistent with the list of
permitted uses in Section 5.3 of the St. John the Evangelist Catholic Church Planned Unit
Development (PUD), Ord. No. 04-18, as amended. The PUD is located at 625 111th Ave. N.
in Section 21,Township 48 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
Petitioner requests to construct a rectory for priests associated with the St. John CFPUD as well as
priests visiting from other congregations.The rectory would be constructed in the north-east corner
of the property.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the
County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
4. 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.
5. A newspaper advertisement for the Hearing Examiner public meeting is the only notice
required per Administrative Code(Chapter 3L),and LDC §10.03.06.0 in accordance with F.S.
§125.66. The newspaper advertisement posted in the Naples Daily News on July 17, 2022. Per
the LDC and Administrative Code a Neighborhood Information Meeting (NIM), posting of a
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sign on the subject property, and a mailing to surrounding property owners is not required. As
of July 11th, staff has received no public correspondence on this petition.
6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing.
7. The County's Land Development Code Section 10.02.06.K lists the criteria for a comparable
use determination. The Hearing Examiner may approve a comparable use determination based
on the following standards, as applicable.'
1. The proposed use possesses similar characteristics to the other permitted uses in the zoning
district, overlay, or PUD, including but not limited to the following:
i. Operating hours.
The record evidence and testimony from the public hearing reflects that the rectory will
be used as a residence. As such there will be no operating hours.
ii. Traffic volume generated/attracted.
The record evidence and testimony from the public hearing reflects that the priests'
activities will largely be associated with church and campus activities thereby generating
a di minimis number of trips. A maximum of four priests living in a rectory will generate
an insignificant number of trips.
iii. Type of vehicles associated with the use.
The record evidence and testimony from the public hearing reflects that the priests'
vehicles will be the same type as other vehicles that come to and leave from the PUD.
There will be no discernable difference between priests'vehicles and other vehicles that
visit the PUD.
iv. Number and type of required parking spaces.
The record evidence and testimony from the public hearing reflects that inclusive of
handicapped parking, there are 530 available parking spaces,for the PUD where only
411 are required by code. Currently there is a surplus of 119 parking spaces. The exact
location for the rectory has not been decided upon. A limited number of parking spaces
may need to be repurposed to allow for construction. There are roughly 130 feet between
the rear property line and the last formal parking space which is ample room for a large
building to meet the rear setback and have a large front yard while taking few, if any, of
the existing parking spaces.
'The Hearing Examiner's findings are italicized.
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v. Business practices and activities.
The record evidence and testimony from the public hearing reflects that the rectory will
serve as a residence where no business activities will take place.
2. The effect the proposed use would have on neighboring properties in relation to the noise,
glare, or odor effects shall be no greater than that of other permitted uses in the zoning
district, overlay, or PUD.
The record evidence and testimony from the public hearing reflects that Rectories are,
by nature, relatively quiet. The proposed rectory will be quieter, less busy, and have less
traffic coming and going than the permitted use and most, if not all, of the accessory
uses. The proposed rectory building would be surrounded by a golf course and
elementary school on two sides, the rest of the St. John CFPUD on a third side, and a
residential development on the fourth side. The closest residence in this development is
approximately 400 from the rectory. Noise, odor, or glare produced by the rectory will
be di minimis compared to other uses in the PUD.
3. The proposed use is consistent with the GMP, meaning the applicable future land use
designation does not specifically prohibit the proposed use, and, where the future land use
designation contains a specific list of allowable uses,the proposed use is not omitted.
The record evidence and testimony from the public hearing reflects that the property is
located within the Urban Mixed Use, Urban Residential Subdistrict on the Future Land
Use Map (FL UM) which allows for a base density of three (3) dwelling units per acre
when within the Coastal High Hazard Area (CIHHA). The ±14.53-acre site would be
eligible for up to 45 dwelling units. The proposed rectory would be designed to have no
more than four (4) living quarters. The future land use designation — urban residential
subdistrict- of the subject property explicitly permits residential development at a base
density of four (4) dwelling units per acre. The PUD straddles the Coastal High Hazard
Area (CHHA); the rectory would be within the CHHA so one (1) dwelling unit per acre
is subtracted permitting three dwelling units per acre. The proposed rectory with a
maximum of four (4) total dwelling units on ±15 acres is significantly below what is
permitted by the FLUE. The proposed use is consistent with the GMP.
4. The proposed use shall be compatible and consistent with the other permitted uses in the
zoning district, overlay, or PUD.
The record evidence and testimony from the public hearing reflects that The Diocese of
Venice owns and operates the entire campus. The Catholic church regular provides
rectories for its priests. The rectory is comparable and consistent with other permitted,
and accessory uses within the PUD. A rectory is both compatible and consistent with a
church, with the accessory uses within the St. John CFPUD, and with the Growth
Management Plan.
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5. Any additional relevant information as may be required by County Manager or Designee.
The record evidence and testimony from the public hearing reflects that no additional
information is required, and none was provided
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 enough competent, substantial evidence as applied to the criteria set forth in Section 10.02.06.K
of the Land Development Code to approve this Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number CUD-PL20220001253, filed by D.
Wayne Arnold of Q. Grady Minor& Associates, P.A. representing Diocese of Venice in Florida,
LLC, with respect to the property as described in the St. John the Evangelist Catholic Church
Community Facilities Planned Unit Development (St. John CFPUD) adopted by Ordinance
Number 04-18, as amended, for the following:
• A request for a comparable use determination that a rectory is a comparable accessory use
to the other accessory uses permitted in the St. John the Evangelist Catholic Church
Community Facilities PUD (St. John CFPUD), Ord. 04-18, as amended. For this petition,
a rectory is defined as a single building with a maximum height of 35 feet with up to four
dwelling units for priests associated with the St. John the Evangelist Catholic Church, and
for active priests visiting from other congregations and churches.
ATTACHMENTS.
None.
LEGAL DESCRIPTION.
See Ordinance No. 04-18, as amended, located on the north side of 111th Ave. N., approximately
one-quarter mile east of Vanderbilt Drive, and two-thirds of a mile west of Tamiami Trail North
(US 41) in Section 3, Township 51 South, Range 26 East, Collier County, Florida and is f 14.53
acres.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Rectory shall be limited to a maximum heigh of 35 feet.
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3. Rectory shall be limited to a maximum of four(4) dwelling units.
4. Rectory shall be limited to a single building.
5. Rectory use shall be limited to priests associated with St. John the Evangelist Catholic
Church, and active priests visiting from other congregations and churches.
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. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
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.
,pe 9...Z._c__________
September 9, 2022
Date Andrew Dickman, Esq., AICP
Hearing Examiner
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