HEX Final Decision 2024-62HEX NO. 2024-62
HEARING EXAMINER DECISION
DATE OF HEARING.
December 12, 2024
PETITION.
Petition No. CU-PL20240006001 - 3144 Santa Barbara Boulevard -Request for approval of
a Conditional Use for the Fun Time Early Childhood Academy to allow for on -site food
preparation for the school children and staff only, through the expansion of the existing
kitchen area, superseding Resolution No. 8846 and pursuant to subsection
2.03.02(C)(1)(c)(1) of the Collier County Land Development Code, on 1.11± acres located at
3144 Santa Barbara Boulevard in Section 28, Township 49 South, Range 26 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner seeks a Conditional Use (CU) for the Fun Time Early Childhood Academy to allow
for on -site food preparation for the school children and staff only through the expansion of the
existing kitchen area.
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 applicant conducted a NIM on Monday, November 25, 2024, at 5:30 p.m. at the Fun Time
Early Childhood Academy located at 3144 Santa Barbara Boulevard, Naples. FL. No members
of the public were present or participated remotely; however, the applicant provided a
PowerPoint presentation as a courtesy. No commitments were made.
Page 1 of 6
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. Section 2.03.02(C)(1)(c)(1) of the LDC permits conditional uses in the Residential Muiti-
Family (RMF42) zoning district.
The requested use for a childcare center is allowed as a conditional use in the Residential Multi -
Family (RMF-12) zoning district, subject to the standards and procedures established in section
10.08.00, conditional uses procedures, of the LDC.
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 10.008.1) 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).
The record evidence and testimony from the public hearing reflects that this request is
consistent with the GMP and with the conditions proposed by Staff, this project will be in
compliance with the applicable provisions of the Land Development Code (LDC).
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 fi°om the pzrblic hearing reflects that per the original
CU, turn lanes have been provided on Santcc Barbara Boulevard With this modif cation to
the original CU, there will be no changes to the internal parking area or driveways, which
have already been conf gored to allo~v emergency vehicle access. The current traffic
generated by the childcare facility primarily consists of parents/guardians dropping off
and picking up children, as 1a)ell as staff commuting to and fi°om work. Providing food on -
site is expected to enhance operational efficiency by reducing the need for
parents/gzardians to make additional stops for meals before and after drop-off and pick-
up, potentiallyfurther stabilizing traff c flow.
1 The Hearing Examiner's findings are italicized.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
The record evidence and testimony frown the public hearing reflects that the existing
childcare facilio} has negligible impact on neighboring properties. The CU modification
will alloi•v for a proposed kitchen expansion for on -site food preparation for the children
and staff of the childcare facility). The expansion will be located at the fi°ont of the existing
building facing Santa Barbara Boulevard. There is one neighboring home located north of
the property. The childcare facility will provide any additional appropriate buffering to
the greatest extent practical based on on -site conditions as required by the LDC. The
childcare facility kitchen expansion hill produce no additional odors or noise that would
be inappropriate for this location.
4. Compatibility with adjacent properties and other properties in the district.
The record evidence and testimony fi°om the public hearing reflects that if the proposed
Conditions ofApproval are adopted, the proposed childcare facility kitchen expansion can
be found to be compatible ivith adjacent properties and other properties in the immediate
area.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY.
Comprehensive Planning staff has reviewed this request and offered the following comments:
Future Land Use Element (FLUE):
According to the Future Land Us Map (FLUE), the subject property is in the Urban residential
sub -district of the Urban mixed -use district of the Golden Gate City sub -element as described in
the Golden Gate City Master Plan. It is intended that Urban Designated areas accommodate most
population growth and that the new intensive land uses be located within them. The Urban
Designation will also accommodate future nonresidential uses, including childcare facilities such
as the existing facility onsite. Per the determination of the Comprehensive Planning staff, the
proposed modification to the original conditional use permit is consistent with the FLUE and does
not require any amendment to the GGAMP.
Transportation Element:
Transportation Planning staff reviewed the application and found this project consistent with
Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). There is no
proposed increase in the number of children and no additional traffic generation for this childcare
facility. Additionally, the applicant is providing a condition that requires traffic control by law
enforcement or an approved service provider if stacking or other traffic conflicts cause delays on
Santa Barbara Boulevard. Finally, the development must comply with all other applicable
concurrency management regulations when development approvals, including but not limited to
any plats and or site development plans or amendments, are sought. Therefore, the subject
amendment can be found consistent with Policy 5.1 of the Transportation Element of the GMP.
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Transportation Review: Transportation Planning staff has reviewed the petition for compliance
with the GMP and the LDC and recommends approval of this development.
Stormwater Review: The proposed conditional use expansion request is not anticipated to create
drainage problems or adverse stormwater management impacts to surrounding properties.
Stormwater best management practices, treatment, and storage will be addressed through the
environmental resource permitting (ERP) process with the South Florida Water Management
District (SFWMD) and the Site Development Plan process to ensure consistency with the Collier
County LDC. Additionally, the same Best Management Practices, Erosion Control Measures, and
Pollution Prevention Plan associated with the current permitted operation will continue to be used
for the proposed expansion.
Landscape Review: The buffers labeled on the Master Concept Plan are consistent with the LDC.
Utility Review: The project lies within the regional potable water service area and the Golden Gate
wastewater service area of the Collier County Water -Sewer District (CCWSD). A water main is
available north of 32nd Ave SW. There is adequate water treatment capacity to serve the project.
Water services are available via existing infrastructure within the adjacent right-of-way. The
project will be served by aprivate septic system, as connections to CCWSD services are not readily
available. Any improvements to the CCWSD's water or wastewater systems necessary to provide
sufficient capacity to serve the project will be the responsibility of the owner/developer and will
be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. The
development will have to meet all applicable criteria set forth in the LDC regarding Adequate
Public Facilities. The project must also be consistent with all applicable goals and objectives of
the GMP regarding adequate public facilities. This petition has been reviewed by county staff
responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff has
concluded that the developer has provided appropriate commitments so that the impacts to the
Level of Service (LOS) will be minimized.
Environmental Review: Enviromnental Planning staff has reviewed this petition. The property has
been developed and cleared of native vegetation. Therefore, the Master Plan does not show a
preserve since no minimum preservation is required. No listed animal species were observed on
the property. This project does not require an Envirommental Advisory Council (EAC) review, as
this project did not meet the EAC scope of land development project reviews as identified in
Section 2A I93 of the Collier County Codes of Laws and Ordinances. Environmental Services
staff recommend approval of the proposed petition.
Conservation &Coastal Management Element (CCME):
Environmental staff evaluated the petition. The property is 1.12 acres; the project is consistent
with the goals, objectives, and policies of the CCME.
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
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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-PL20240006001, filed by Jessica
Campbell of Fun Time Early Childhood Academy Inc., with respect to the property legally
described as 1.11± acres and is located at 3144 Santa Barbara Boulevard in Section 28, Township
49 South Range 26 East, Collier County, Florida, for the following:
• A Conditional Use (CU) for the Fun Time Early Childhood Academy to allow for on -site
food preparation for the school children and staff only through the expansion of the existing
kitchen area, superseding Resolution No. 88-76 and pursuant to subsection
2.03.02(C)(1)(c)(1) of the Collier County Land Development Code.
Said changes are fiilly described in the Zoning Map attached as Exhibit "A", the Concept Plan
attached as Exhibit "B", and the Strikethrough-Underline Conditions of Resolution No. 88-76
Exhibit B attached as Exhibit "C", and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A —Zoning Map
Exhibit B — Concept Plan
Exhibit C — Strikethrough-Underline Conditions of Resolution No. 88-76 Exhibit B
LEGAL DESCRIPTION.
The subject property comprises 1.11� acres and is located at 3144 Santa Barbara Boulevard in
Section 28, Township 49 South Range 26 East, Collier County, Florida.
CONDITIONS.
1. Ali other applicable state or federal permits must be obtained before commencement of the
development.
2. The new construction shall be limited to what is depicted on the "Concept Plan — Kitchen
Expansion, revised 11/11/2024," prepared by Fun Time Early Childhood Academy, Inc.
3. Should stacking or other traffic conflicts cause delays on Santa Barbara Boulevard, the
property owner shall provide traffic control by law enforcement or a law enforcement -
approved service provider, with appropriate staffing and at sufficient location(s), as
determined by the County Manager or their designee.
4. Food may be prepared on -site for staff and students only.
5. The three (3) lots involved in this petition shall each have 646ot easements along their side
and rear lot lines. Any buildings within the easements shall be prohibited unless or until
the easements are vacated.
6. The proposed childcare use shall be limited to a maximum number of one hundred children.
Page 5 of 6
7. Any new construction associated with the revised conditional use permit, including the
proposed kitchen expansion, shall conform to the new 2024 Collier County FEMA Firm
map.
8. An updated Landscape Plan shall be submitted with plans and details of the existing
landscape for any future additions or enlargements to the existing structure (SDP). The
proposed landscape Buffer areas are shown on the Concept Plan and will be provided to
the greatest extent practical based on existing site conditions.
9. Landscaping/Buffers: The revised Concept Plan shows the addition of buffers along the
property lines (e.g., 1546ot Type B along the eastern and northern sides, 1546ot Type D
buffer along the western side, and 10-foot Type D buffer along the southern side). Due to
the existing site conditions —including but not limited to stormwater retention areas, utility
and drainage easements, and asphalt parking areas the proposed buffers will be provided
only to the greatest extent practical. Buffers will include existing healthy mature canopy
trees. Landscape buffering shall not impact stormwater retention areas or septic system
drain field operation or reduce the size of any existing asphalt parking or driveway.
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,
January 3, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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Stipulations Provided for by Resolution No. 88-76, Exhibit "B":
a. Petitioner shall be subject to Ordinance 75-21 [or the tree/vegetation removal ordinance in
existence at the time of permitting], requiring the acquisition of a tree removal permit prior
to any land clearing. A site clearing plan shall be submitted to the National Resources
Management Department and the Community Development Division for their review and
approval prior to any substantial work on the site. This plan may be submitted in phases to
coincide with the development schedule. The site clearing plan shall clearly depict how the
final site layout incorporates retained native vegetation to the maximum extent possible
and how roads, buildings, lakes, parking lots, and other facilities have been oriented to
accommodate this goal.
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•
by driving aeress the fnedian to gain aeeess to ffif fifAffl:R thW, site, the petitioner- shall
r-e"ir-ed to preiride median etifbing on ofie or- beth sides of thee median, depending upon
the nature of the pFeblem, f+E)m the existing median opening to a point 0• feet iior,44 of
the nefthem aeeess.Should stacking or other traffic conflicts cause delqys on Santa
Barbara, propegy owner shall provide • • by • or
enforcement -approved provider, witharmooriate staffina and at sufficient
location(s), as determined by the County Manager or their designee.
1-d. The three (3) lots involved in this petition shall each have 6=-foot easements along their
side and rear lot lines. Any buildings within the easements shall be prohibited unless or
until the easements are vacated.
�-rre. The proposed child care use shall be limited to a maximtun number of one hundred
children.
mf.
Q. Any new construction associated with the revised conditional use permit including the
proposed kitchen expansion, shall conform to the new 2024 Collier County FEMA Finn
snap
h. An updated Landscape Plan shall be submitted with plans and details of existing landscape
for any fuhu•e additions or enlargements to the existing sttuchu•e (SDP). The proposed
landscape Buffer areas are shown on the Concept Plan and will be provided to the rem
extent practical based on existing site conditions.
Fun Time Early Childhood Academy � CU-PL20240006001 10/11/2024
Page 2 of 3
i. Landscaping/Buffers: The revised Concept Plan shows the addition of buffers along the
property lines (e.g., 15400t Type B along the eastern and northern sides; 15-foot Type D
buffer along the western side, and 10-foot Type D buffer along the southern side). Due to
the existing site conditions —including but not limited to, storm water retention areas,
utility and drainage easements, and asphalt parkin; areas —the proposed buffers will be
provided only to the greatest extent practical. Buffers will include existinghealthy ealthy mature
canopy trees. Landscape buffering shall not impact storm water retention areas, septic
system drain field operation, or reduce the size of any existing asphalt parking or driveway.
Fun Time Early Childhood Academy � CU-PL20240006001 10/11/2024
Page 3 of 3