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HEX Final Decision 2023-39 HEX NO. 2023-39 HEARING EXAMINER DECISION DATE OF HEARING. November 9,2023 PETITION. Petition No. NUC-PL20230011674—68th Street S.W- Naples Christian Academy - Request for a change to a non-conforming use pursuant to Land Development Code Sections 9.03.02.D and 10.03.06.V to allow a K-8 private school use to replace a fitness center use.The subject property is 5.19+ acres and located at 6800 Golden Gate Parkway, on the southwest quadrant of Golden Gate Parkway and 68th Street S.W., approximately one-half mile west of the I-75 and Golden Gate Parkway interchange, in Section 30,Township 49 South,Range 26 East, Collier County,Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner seeks a non-conforming use change to replace the 28,000-square-foot fitness center with a K-8 private school that houses a maximum of 225 students. 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. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's representatives, public comment and then rebuttal by the Petitioner and/or Petitioner's representatives. The following individuals appeared at the public hearing to present objections to approval of the Petition, voicing their concerns regarding traffic flow,the safety of children Page 1 of 6 of children in the area commuting to school, inadequate lighting, and lack of traffic signals: Kerry and Frank Delgado, Jessica Lebron, David and Zara Shoham, and Cindy Walker. Jim Banks, a professional engineer with the State of Florida,also spoke offering his opinion on the various objections presented by the public speakers. The County's traffic expert, Mike Sawyer, also addressed transportation questions. 6. The County's Land Development Section 9.03.02.D lists the required findings of the Hearing Examiner for a non-conforming use application. The Hearing Examiner having the same authority as the Board of Zoning Appeals may grant, deny or modify any request for a non- conforming use from the regulations or restrictions of the Collier County Land Development Code.1 1. There are no structural alterations being proposed. The record evidence and testimony from the public hearing reflects that there are no structural alterations constituting an intensification of use being proposed. 2. The proposed use must be of the same character,or more restrictive than the existing nonconforming use. The record evidence and testimony from the public hearing reflects that the TIS associated with the proposed use change illustrates a reduction of PM traffic generated by the proposed K-8 private school use compared to the trip generation rates of the existing fitness center. The hours of operation of the proposed school are 7:00 AM to 5:00 PM, and the hours of operation of the fitness facility were 5:00 AM to 12:00 AM (Monday through Thursday) and varying hours within the time frame on the other days. Thus, the proposed hours of operation are more restrictive than the existing non-conforming use. 3. That the proposed use is equally or more appropriate for the district than the existing nonconforming use. The record evidence and testimony from the public hearing reflects that the proposed K-8 private school use will be more appropriate for the surrounding area than the existing fitness center based upon no physical change to the characteristics of the property, reduction in trip generation, and reduction in hours of operation as the school day will end before evening(from 7:00 AM to 5:00 PM). 4. The relation of the structure to surrounding properties is such that the adverse effect on occupants and neighboring properties will not be greater than if the existing nonconformity is continued. 1 The Hearing Examiner's findings are italicized. Page 2 of 6 The record evidence and testimony from the public hearing reflects that the existing nonconformity, the fitness center, is no longer in operation. Thus, a vacant, declining, unused property currently exists. The proposed K-8 private school use will be an improvement to the neighborhood. The reduction in PM trip generation and reduction in hours of operation from 7:00 AM to 5:00 PM will have a favorable effect on neighboring properties. 5. Whether appropriate conditions and safeguards are needed in accordance with the intent and purpose of the LDC. The record evidence and testimony from the public hearing reflects that the petitioner proposed six conditions for approval, specific to: a. The K-8 private school use shall be limited to a maximum of 225 students and the square footage of principal and accessory structures shall not exceed the existing 28,000 square feet. Detached accessory structures shall be limited to 2,000 square feet. b. Weekday and weekend hours are limited to 7:00AMto 5:00 PMwith occasional school functions permitted after hours. c. No outdoor amplified sound shall be permitted unless permitted under a Temporary Use Permit for a special event. d. Leasing of the school facility to outside groups or use by other groups is prohibited. The school facility is permitted to allow for accessory uses to the approved school use which includes community meetings, civic associations, youth meetings, guest speakers, neighborhood meetings, and Boy and Girl Scouts. e. For events of significant traffic generation, as determined by Collier County staff the school 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 directed by Collier County Transportation Engineering Division Director or designee. f The northern project ingress/egress access point as shown on the Site Plan will be closed off with traffic cones during student drop-off(7:30 AM—8:30 AM) and pick-up (2:30 PM—3:30 PM). See Attachment B-Stacking Exhibit. The record evidence and testimony from the public hearing also reflects that one additional conditional of approval to address potential traffic stacking onto public roadway was introduced as follows: g. There shall be no traffic queuing or impacts on any existing through lanes on adjacent roadways including Golden Gate Parkway and 68th St. SW. The drop-off and pick-up Page 3 of 6 traffic will be accommodated onsite through onsite stacking and site circulation. Traffic circulation and stacking will be addressed in an SDP/SDPI in accordance with the requirements of the LDC for public schools. 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 Sections 9.03.02.D and 10.03.06.V of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. NUC-PL20230011674, filed by D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. and Rich Yovanovich, Esq. representing the owner Fast Forward Fitness, LLC,with respect to the property described as 5.19+ acres and located at 6800 Golden Gate Parkway, on the southwest quadrant of Golden Gate Parkway and 68th Street S.W., approximately one-half mile west of the I-75 and Golden Gate Parkway interchange, in Section 30, Township 49 South, Range 26 East, Collier County, Florida, for the following: • A change to a non-conforming use pursuant to the Land Development Code to allow a K- 8 private school use to replace a fitness center use. Said changes are fully described in the Stacking Exhibit attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—Stacking Exhibit LEGAL DESCRIPTION. 5.19+acres and located at 6800 Golden Gate Parkway, on the southwest quadrant of Golden Gate Parkway and 68th Street S.W., approximately one-half mile west of the I-75 and Golden Gate Parkway interchange, in Section 30, 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. The K-8 private school use shall be limited to a maximum of 225 students and the square footage of principal and accessory structures shall not exceed the existing 28,000 square feet. Page 4 of 6 3. Weekday and weekend hours are limited to 7:00 AM to 5:00 PM with occasional school functions permitted after hours. 4. No outdoor amplified sound shall be permitted unless permitted under a Temporary Use Permit for a special event. 5. Leasing of the school facility to outside groups or use by other groups is prohibited. The school facility is permitted to allow for accessory uses to the approved school use which includes community meetings, civic associations,youth meetings, guest speakers, neighborhood meetings, and Boy and Girl Scouts. 6. For events of significant traffic generation, as determined by Collier County staff, the school 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 directed by Collier County Transportation Engineering Division Director or designee. 7. The northern project ingress/egress access point as shown on the Site Plan will be closed off with traffic cones during student drop-off(7:30 AM— 8:30 AM) and pick-up (2:30 PM—3:30 PM). See Attachment B-Stacking Exhibit. 8. There shall be no traffic queuing or impacts on any existing through lanes on adjacent roadways including Golden Gate Parkway and 68th St. SW. The drop-off and pick-up traffic will be accommodated onsite through onsite stacking and site circulation. Traffic circulation and stacking will be addressed in an SDP/SDPI in accordance with the requirements of LDC Section 5.05.14 for public schools. 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. Page 5 of 6 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. X9>Z__t_..__.,.,_ December 1, 2023 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 6 of 6 EXHIBIT "A " .0......r. 4m""imirallielt 111510 GOLDEN GATE PARKWAY 1I - - i - - - - - 1 11114111101104 I ICY) • I Im I -BUILDING ENTRANCE I I I ISTUDENT DROP-OFF/PICK-UP ♦' 'Nir h I ir 2 I.r t tIlit .... LI disikbAut2;4:::.:, . STACKING YI I DROP-OFF AND At t I 0 I 1 I • 2 , I ir , I ..:..._ ,.,• ,. . .,....„..‘, ... i- , ,, Li x I At G l h I 1 INGRESS/EGRESS (STUDENT µy DROP-OFF/PICK-UP) get g 1 TAT 1V 1 i ,1 v, i 0 50' 100' 0 SCALE: 1" = 100' NAPLES CHRISTIAN ACADEMY NUC SCAM el Aneociaiea.0.Grady Minor and f.A. son cone: GradyMinor 31100%la Rry CODE Z,a wille Springs.FloridaFlmlde 31131 STACKING EXHIBIT n DATE: % Civil Engineers • Land Surveyors • Planners • Landscape Architects "1A0510" z cool 01 Tu@.EB 0005151 Cent.of Aunt.LB 0005151 FRE LAZE: Business LC 26000260 SOURCE: COLLIER COUNTY PROPERTY APPRAISER, DECEMBER 2022 sT..".t%BBn-82 D. Bonito Springs:239.947.1144 B s'a.GradytlAmr.rmn Fort Myers:239.690.4380 SHEET 1 OF 1 i EXHIBIT "A"