HEX Final Decision 2024-29HEX NO. 2024-29
HEARING EXAMINER DECISION
DATE OF HEARING.
May 30, 2024
PETITION.
Petition No. CU-PL20230004316 — 626 Maple Drive -Lilly Bass Church of God in Unity —
Request for approval of a Conditional Use to allow a church pursuant to LDC section
2.03.02.F.1.c.3 on +0.54 acres located on Lots 17, 18, & 19, Block 3, Palmetto Park
Subdivision, also known as 626 Maple Drive, Immokalee, FL 34142 in Section 9, Township
47 South, Range 29 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner seeks a Conditional Use to allow for the redevelopment of a church destroyed by a
fire on the subject property. There is a companion land use application for the Variance,
31,202400018785.
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 %J 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 applicant conducted a NIM on Tuesday, February 20, 2024, at 750 South Sth Street,
Immokalee, FL 34142, known as CareerSource SWFL Conference Room, at 5:30 PM. There
were no new commitments made by the agent aside from what was already proposed. In total,
there were 14 people in attendance. The only question from the public was how the parking
ratio is calculated and the applicant responded with design standards complying with code
requirements for the subject property and the land use, and if required, any necessary
reductions in required parking can be sought administratively. The applicant's agent provided
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a thorough explanation of the companion projects, and there was no opposition to the proposed
petition at the conclusion of the NIM.
5. The public hearing was conducted in the following manner: 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.
6. 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 10.008.1) criteria.
The Hearing Examiner shall determine that the conditional use is permissible in the applicable
zoning district, and shall make a decision of approval, approval with conditions, or denial of
the minor conditional use. The Hearing Examiner's decision of approval or approval with
conditions shall find that the granting of the conditional use will not adversely affect the public
and any specific requirements pertaining to the minor conditional use have been met by the
petitioner. Further, that satisfactory provision and arrangement has been made for the
following matters, where applicable:I
1. Consistency with the Land Development Code (LDC) and the Growth Management
Plan (GMP). Include information on how the request is consistent with the applicable
section or portions of the Future Land Use Element.
The recor°d evidence and testimony from the public hearing reflects that the propert)� is
located in the Immokalee communion and is subject to the Inanokalee Area Masten• Plan.
The property is designated Urban -Mixed Use District, High Residential Subdistrict on the
bnnokalee Future Land Use Map. The Urban -Mixed Use District provides for residential
development as well as non-residential uses such as hone -based businesses, civic uses,
schools, daycare centers, churches, libraries, and other community facility uses. The
proposed church use is consistent with the bnmokalee Area Master Plan. The property is
zoned Village Residential (VR). The VR zoning district permits a variety of land uses by
right, and conditional use #3 allOWS for churches. The site will comply with all development
standards of the VR development standards as demonstrated on the attached conditional
use site plan.
County Zoning Stcrff commented that the proposed use is allowed as a conditional use per
the Land Development Code Section 2.03.02.F.1, c.3. The application is consistent with the
request for a conditional use and satisfies the Future Land Use Element Policies S. 6, 7.1,
7.21 7.3, and 7.4. A variance is required based on LDC Sec. 4.02.02.E. since the subject
property is less than the minimum lot area of I acre for a Conditional Use in the VR zoning
district.
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.
1 The Hearing Examiner's findings are italicized.
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The record evidence and testimony from the public hearing reflects that the site has direct
access to Maple Drive, cis it has had since construction of the original church in 1978. The
site will be greatly improved with access aisles that comply with current LDC standards
For ingress, egress, and parking requirements.
County Zoning Staff commented that the proposed primary access off Nlciple Drive is
consistent with the LDC standards. Automotive and pedestrian safety and convenience,
taff c flow and control, and access in case of fire or catastrophe, will be observed with
per conceptual site plan complying with current LDC requirements and standards.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
The record evidence cind testimony from the public hearing reflects thcit the site has been
utilized cis a small congregant church since 1978 until afire destroyed the structure. The
applicant is unaware of any complaints that have resulted from the indoor worship that
has taken place on the propertyfor° the past 46 years. There will be no negative noise, odor,
or economic impact to neighboring properties.
County Zoning Stcrff concurs wwith Petitioner's agent that the pr°oposed conditional Zrse �-vill
be compatible with the surrounding neighborhood since the previous church existed for
more than 45 years ivith no code violations for any nuisances. This conditional use will
replace the church destroyed by afire in 2022.
4. Compatibility with adjacent properties and other properties in the district.
The record evidence cind testimony from the public hearing reflects that the redevelopment
of the site will result in a site and building that complies with current land development
and building codes. The site will have a sun face water management system meeting current
County standards, and the site will provide code compliant landscape buffers to separate
the building and parking areas from adjacent properties. The new church building 1vill
also comply ivith current building code requirements, which hill be an improvement over
the previous building condition, which did not comply ivith current County codes.
Cortnt�) Zoning Staff is supportive of the planned site redevelopment, tivhich 1a�ill comply
lvith current code standards. This 1-vill improve the site that the church has occupied for
more than 45 years and will reactivate a use for the subject property that has been sitting
idle for the past couple of years.
5. Please provide any additional information which you may feel is relevant to this
request.
The record evidence and testimony from the public hearing reflects that the proposed CU
will alloly the redevelopment of the site, which has been used as a church since 1978. The
rely facility hill be in full compliance with the current Land Development Code and
consistent with the Immokalee Area Master Plan.
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County Zoning Staff concurs that redeveloping the destroyed church to comply 1-nitlr
current LDC standards on the same property it existed on prior• to the fire u)ill help
improve the property and its neighborhood
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION.
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2-1193 of
the Collier County Codes of Laws and Ordinances.
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, 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 10.08.00.1) of the Land Development Code to approve
this Petition, and that approval of this petition with conditions will not adversely impact the public.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. CU-PL20230004316, filed by D. Wayne
Arnold, AICP of Q. Grady Minor & Associates, representing Lilly Bass Church of God in Unity,
Inc, with respect to the property legally described as ±0.54-acres lot is located on Lots 17, 18, &
19, Block 3, Palmetto Park Subdivision, also known as 626 Maple Drive, Immokalee, FL 34142,
in Section 9, Township 47 South, Range 29 East, Collier County, Florida, for the following:
• A Conditional Use to allow a church pursuant to LDC section 2.03.02.F.1.c.3.
Said changes are fully described in the Zoning Map attached as Exhibit "A" and Conceptual Site
all attached as Ext "B" and are subject to the conditions) set forth below.
ATTACHMENTS.
Exhibit A —Zoning Map
Exhibit B —Conceptual Site Plan
LEGAL DESCRIPTION.
L
0.54-acre lot is located on Lots 17, 18, & 19, Block 3, Palmetto Park Subdivision, also laiown as
626 Maple Drive, Immokalee, FL 34142, in Section 9, Township 47 South, Range 29 East, Collier
County, Florida.
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CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. This approval is on condition that the companion Variance is also approved,
PL202400018754
3. Seating for the religious facility use shall be limited to a maximum of 56 seats.
4. Weekday and weekend hours are limited to 8:00 AM to 10:00 PM. Hours for services on
religious holidays shall not be subject to the above specified hours.
5. No outdoor amplified sound shall be permitted unless permitted under a Temporary Use
Permit for a special event.
6. The maximum total daily trip generation shall not exceed 47 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 any future application for SDP/SDPA or subdivision plat approval.
7. Special events (operated by the church) are limited to twelve (12) per calendar year and are
subject to a Temporary Use Permit as required, in accordance with the LDC.
8. Daycare services, school, or food service will not be offered on site, unless in conjunction
with and during a church service or a permitted special event.
9. Leasing of the church facility to outside groups or use by other groups is prohibited. The
religious facility is permitted to allow for accessory non -worship services to the approved
religious facilities use, which includes 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.
10. For services or other periods or events of significant traffic generation, as determined by
Collier County staff, the church 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 the Collier County Transportation Engineering Division
Director or designee.
11. Alcoholic beverages, other than those used for religious ceremonial purposes, are
prohibited on -site.
12. 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. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
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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,
June 25, 2024
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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VARIANCE REQUEST
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LILLY BASS CHURCH OF GOD IN UNITY
VARIANCE
CONCEPTUAL SITE PLAN
REVISED APRIL 30, 2024
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0 20' 40'
SCALE: 1" = 40'
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