Hex Final Decision 2023-33HEX NO. 2023-33
HEARING EXAMINER DECISION
DATE OF HEARING.
September 28, 2023
PETITION.
Petition No. CU-PL20220001333 — Venture Church Naples, Inc., pursuant to Sections
2.03.02.G.1.c.2 and 2.03.01.A.1.c.7. of the Collier County Land Development Code requests
a Conditional Use to allow a f51,080 square foot, 800 seat church on lands zoned Mobile
Home (MH), Agricultural (A), and Commercial Convenience (C-2). The subject f9.36-acre
property is in the northeast quadrant of the intersection of Tamiami Trail East (US 41) and
Joseph Lane in Section 12, Township 51 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner seeks a Conditional Use approval for a ±51,080 square -foot church with a maximum
of 800 seats on a vacant ±9.36-acre property.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(3) 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. The applicant conducted a NIM on May 23, 2023, at 8065 Lely Cultural Parkway, which began
at 5:30 p.m. Seven members of the public attended, including two from the church. The
applicant made a brief PowerPoint presentation of the project. One question was asked about
whether there would be daycare at the church, to which the applicant responded that there
would be no public daycare. One condition of approval is that daycare services will be limited
Page 1 of 4
to those in attendance at worship services and other church events and are offered only during
the time of the service or event. The site plan for the NIM showed a one-story, ±37,844 square
foot church when it should have shown a two-story ±51,080 square foot church in the same
footprint. Everything else shown and stated at the NIM was correct. A second virtual NIM was
held on Thursday, August 3, 2023, to explain the omission of the second floor on the site plan
shown at the first NIM. No other changes have been made to the site plan.
6. The County Staff presented the Petition followed by the Petitioner, public comment and then
rebuttal by the Petitioner. There were no objections at the public hearing.
7. The County Code of Ordinance Sec. 2-87(3)(a) directs the Hearing Examiner to review this
minor conditional use amendment by the Land Development Code Section 10.008.D criteria.
The Hearing Examiner may grant the minor Conditional Use if it will not adversely affect the
public, and that satisfactory provision and arrangement has been made for the following
matters, where applicable:'
1. Is the proposed conditional use for a church consistent with the Land Development Code
(LDC) and the Growth Management Plan (GMP)?
The record evidence and testimony from the public hearing reflects that a church is a
permitted use in C-2 zoning districts (LDC 2.03.03.B.1. a.15), and a conditional use in MH
zoning districts (LDC 2.03.02. G. 1. c. 2) and A zoning districts (2.03. OI.A. 1. c. 7) provided
that the procedures and requirements of LDC 10.08.00 are satisfactorily completed. The
proposed project satisfies the requirements of 10.08.00. With approval of a Conditional
Use, the proposed project will comply with the LDC's applicable provisions. As noted in
the GMP Consistency section, the petition is consistent with the GMP.
2. Ingress and egress to the property and proposed structures, particularly toward automotive
and pedestrian safety and convenience, traffic flow and control, and access in case of fire
or catastrophe.
The record evidence and testimony from the public hearing reflects that ingress and egress
to the subject property will utilize primary access on Joseph Lane and emergency only
access on US 41, as shown on the master plan. Additional operational impacts for the
facility will be reviewed at the time of the Plat or Site Development Plan (SDP), including
the access on 41 that will require FDOT permitting/approval. The TIS submitted by the
applicant indicates that the adjacent roadway network has sufficient capacity to
accommodate this project within the 5-year planning period, and not adversely impact the
surrounding roadway network. The applicant will add a sidewalk along Joseph Lane for
the length of the property to contribute to overall pedestrian safety. The sidewalk will join
the existing sidewalk, which parallels US 41.
3. Conditional Use's effect on neighboring properties in relation to noise, glare, economic or
odor effects.
'The Hearing Examiner's findings are italicized.
Page 2 of 4
The record evidence and testimony from the public hearing reflects the church will have
an 82 foot front yard setback along US 41. Setbacks for the other three yards range from
124 feet to 276 feet. These significant setbacks and buffering that meets or exceeds code
requirements should make any impact from glare di minimus and provide an aesthetically
pleasing view from outside the property. Traditionally, churches do not reduce property
values, nor will the church emit any noxious odors. Any outdoor event will require a
temporary use permit. Noise complaints received by the Code Enforcement Office will be
investigated and may result in further Temporary Use Permits being denied.
4. Compatibility with adjacent properties and other properties in the district.
The record evidence and testimony from the public hearing reflects that with setbacks (82
feet to 276 feet) that far exceed LDC requirements and required landscape buffering that
meets or exceeds code requirements, neighboring properties will have an aesthetically
appealing view of the property. The proposed sidewalk will increase continuity with the
neighborhood. Lighting will be designed to direct the light away from neighboring
properties. There is an existing church opposite the proposed church on the other side of
US 41. A C-2 parcel with a gas station abuts the subject property to the west. The church
abuts US 41 and Joseph Lane and will have a circular flow parking lot, so there will be no
reason for visitors to the church to continue down Joseph Lane into the community beyond
the church. To the east, there is a 30 foot drainage easement between the church parcel
and abutting agriculturally zoned land that is either undeveloped or has single-family
homes. Lastly, a church is lower in intensity than other permitted C-2 uses.
ANAT.Y�Tq_
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, 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 10.08.00.D of the Land Development Code to approve
this Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number CU-PL20229991333, filed by
Jessica Harrelson, AICP of Peninsula Engineering and Richard Yovanovich, Esq., representing
Venture Church Naples, Inc., with respect to the properties described as ±9.36-acre property is in
the northeast quadrant of the intersection of Tamiami Trail East (US 41) and Joseph Lane in
Section 12, Township 51 South, Range 26 East, Collier County, Florida., for the following:
• A request for approval of a Conditional Use for a church in a Mobile Home (MH) zoning
district and an Agricultural (A) zoning district The property is in three zoning districts; MH
and A where churches are conditional uses and C-2 where churches are permitted.
Said changes are fully described in the Conceptual Site Plan attached as Exhibit "A" and as set
forth below.
Page 3 of 4
ATTACHMENTS.
Exhibit A — Conceptual Site Plan
Exhibit B — Conditions of Approval
LEGAL DESCRIPTION.
±9.36-acre property is in the northeast quadrant of the intersection of Tamiami Trail East (US 41)
and Joseph Lane in Section 12, Township 51 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. See the Conditions of Approval attached hereto as Exhibit `B".
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.
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 4 of 4
EXHIBIT "A"
- - -
-
F
ZONING: MH
ZONING: MH
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( n
LAND USE: UNDEVELOPED
LAND USE: RESIDENTIAL
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25' BL G
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SETBA KTLADSCAPE
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PRO . LIFT
UFFER I
\ S ATION WITH 6'-8'
SO � D WALL
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DRY DETENTION
25' E LDG
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ZONING: C-2 SET IAC
LAND USE: GAS STATION
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ZONING: A
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LAND USE: RESIDENTIAL
10' TYPE "D"
LANDS�AP
\ BUFFER II
Ij <�/v^J
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15' TYPE "B"
PROJEC
LANDSCAPE BUFFER
BOUNDARY(TYP
WITH 6'-9' SOLID WALL
91DEWA'f(CONNECTION
124' VENTURE CHURCH
+/_ 51,080 SF and 2-stories
276.4'
30' DRAINAGE ESMT
\
PER O.R. BOOK 5026,
\ \ I PAGE 1459
}
PROPOSED SIDEWAL } i PROPOSED DUMPSTER
PROJECT
GREEN SPACE ! BOUNDARY (TYP)
CHILD\ \ OUTDO EN'S �L OUTDOOR PLAY
A (±7840 SF) I 15' BLDG
25'BLDG SETBACK
C\\ACK
\\M MENT \
Tq SIGN
ZONING: PUD ?A \ \ I IYTYPE "A"
LAND USE: RESIDENTIAL 7 C \, LANDSCAPE
�0 4? FAST \ 15' TYPED' I BUFFER
LANDSCAPE
BUFFER
\ \ \ EMERGENCYI ZONING: A
ACCESS LAND USE: UNDEVELOPED
\ ONLY 0
ZONING \ \�
CURRENT ZONING: A UN \
� CURRENT LAND USE: UNDEVELOPED
BUILDING SETBACKS \ \ ZONING LEGEND
FROM TAMIAMI TRAIL E: 25' ZONING: A WITH CU
FROM JOSEPH LANE: 25' LAND USE: CHURCH
FROM NORTH PROPERTY BOUNDARY: 25' A
FROM EASTERN PROPERTY BOUNDARY: 15'
MAXIMUM ZONED BUILDING HEIGHT C-2
j 35' IN THE C-2 ZONING DISTRICT --
WIN THE MH ZONING DISTRICT ZONING: PUD
LAND USE: WATER MH
PARKING CALCULATIONS MANAGEMENT
CHURCH: 3 SPACES PER EVERY 7 SEATS IN THE SANCTUARY
800 SEATS @ 3 SPACES/7 SEATS = 343 SPACES
HANDICAPPED: 301 TO 400 PROVIDED PARKING SPACES = 8 REQUIRED
HANDICAPPED SPACES
PROVIDED: 372 PARKING SPACES (INCLUDES 8 ADA SPACES)
1� PROJECT: TITLE: CLIENT: SECA2 TNP:51S RGE: 26E
Deslgnedby: JESSICA HARRELSON, AICP
PENINSULA Drawn by: A. SPAGNOLA
ENGINEERING VENTURE CONCEPTUAL SITE VENTURE CHURCH Data:
JULY 20,2023
Drawing Scale: I =Mi
CINIENGINEERING •LANDSCAPE ARCHITECTURE CHURCH
NNROUNEMAL SERVICES a ��EGL-ENT PLAN E 1 Project Number. P-VENC-002-001
µD239.403.6700
Pile NameP-VENC-002-001-XO8-t.dwg
P®n-Eng.com X08_ 1
FlndAa Fnninnndnn C A aoaoTs Sheet ID: , ` �A 1
Sheet Number: 01 of 02
SITE DATA:
TOTAL PROJECT AREA: 9.36-ACRES
CURRENT ZONING: C-21 MHO & A
CURRENT LAND USE: UNDEVELOPED
FUTURE LAND USE: URBAN RESIDENTIAL SUBDISTRICT
GENERAL NOTES:
1. THIS PLAN IS CONCEPTUAL IN NATURE AND SUBJECT TO
MODIFICATIONS,
PRESERVE:
PER LDC SECTION 3.05.07.B.2, THE SITE DOES NOT REQUIRE A PRESERVE AREA,
OPEN SPACE:
A MINIMUM OF 30% OPEN SPACE IS REQUIRED
9.44 ACRES X 30% = 2.83 ACRES REQUIRED
2.92 ACRES PROVIDED
PROJECT: I TITLE:
CLIEM:
SEC:12 TWP:51S RGE: 26E i
I P E N I N S U LA /� Designed by: JESSICA HARRELSON, AICP �
�� Dram by: A. SPAGNOLA
ENGINEERING � VENTURE CONCEPTUAL SITE VENTURE CHURCH Date: APRIL 2023
Drawing Scale: 1"= 50'
PLCIVIL ANNING AND
ZONING
• LANDSCAPE ARCNIiE<TUR-c ENR CHURCH PLAN NOTES NAPLES, INC. ,
ENVIRONMENTAL
LSERVI •"NOVESURVEYING Project Number. P-VENC-002-001
•ENVIRONMENTAL SERVICES •UND D39,4 3,
239.403.6700 File NameP-VENC-002-001-X08-2.dwg
V O O
cl,,.,e, a,,,,,.,.,o.,.,,, r. a xoa179 Pen-Eng.com Sheet ID: /� V G
Sheet Number: 02 of 02
EXHIBIT "B"
Attachment 1— Conditions of Approval
1. The Venture Church Conditional Use shall be limited to what is depicted on the "Conceptual Site Plan",
dated July 20, 2023, and prepared by Peninsula Engineering, and is limited to a floor area of 51,080 SF
and a maximum of 800 seats.
2. The maximum total daily trip generation for the Conditional Use shall not exceed 80 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.
3. 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 for fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
4. Venture Church shall adhere to the following hours of operation:
a. Between 7:00am to 10:30pm. Operational hours may be extended to 12:30am up to two (2)
times per month to accommodate religious holiday services or special religious functions.
b. Uses are restricted to church and religious organizational uses; civic association meetings;
community meetings; self-help groups, social service clubs; a church run food bank as described
in Condition #10, and other uses that are comparable to and consistent with these uses as
determined by the County Manager or designee.
5. Outdoor amplified sound is subject to a Temporary Use Permit.
6. The following accessory uses and structures are permitted:
a. Outdoor play area
b. Gazebos
c. Covered pavilions
d. Shade structures
7. Day care services will be limited to those in attendance at worship services, or other church events,
and are offered only during the time of the services or event.
8. The property owner will notify the Collier County Sheriff's Office and Collier County
Transportation Engineering of any service or church event that may reasonably be expected to have
significant traffic generation and shall provide traffic control by law enforcement, or a law
enforcement approved service provider, as directed by the Sheriff's Office.
9. Site lighting shall be designed to protect neighboring residential properties from direct glare and
lighting pollution.
10. A community food bank to operate with the following restrictions:
a. Access to the food bank shall be by appointment only.
b. All food bank activities may only occur on the C-2 zoned portion of the church property.
c. Food bank related traffic may not backup or queue on Joseph Lane or Tamiami Trail East.
11. Soup kitchens, homeless shelters and drug rehabilitation services shall be prohibited.