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HEX Final Decision #2025-24HEX NO. 2025-24 HEARING EXAMINER DECISION DATE OF HEARING. June 12, 2025 PETITION. Petition No. CU-PL20230006785 —intersection of Santa Barbara Boulevard and Crews Road - One Life Church Naples, Inc., pursuant to Sections 2.03.Ol.B.l.c.l and 2.03.OZ.B.l.c.1. of the Collier County Land Development Code, requests a Conditional Use to allow a �25,000 square foot, 400 seat church on lands zoned Estates (E) and Residential Multi-Family-6 (RMF-6(3)). The subject 14.88� acre property is in the northwest quadrant of the intersection of Santa Barbara Boulevard and Crews Road in Sections 8 and 17, Township 50 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner requests approval of a Conditional Use for One Life Church, Inc., pursuant to Sections 2.03.O1.B.l.c.1 and 2.03.02.B.1.c.1. of the Collier County Land Development Code requesting a Conditional Use to allow a 25,000� square foot, 400 seat church on lands zoned Estates (E) and Residential Multi -Family (RMF-6(3)). The property is in two zoning districts: E and RMF-6(3), where churches are permitted as conditional uses. 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 Code 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 the NIM on March 3, 2025, at Christ the King Presbyterian Church located at 5510 Santa Barbara Blvd, Naples, FL, which began at 5:30 p.m. Thirty-eight public members attended. The applicant made a brief PowerPoint presentation of the project. One question was asked about when the church will break ground, to which the applicant responded that the church is hopeful to begin construction in the 3rd quarter of this year. Another question was asked about whether anything could occur beyond the outlined development and site plan, to which the applicant responded that the construction would appear as shown on the site plan. The applicant would need to file a new conditional use permit to expand the church's use beyond what was initially described. No commitments were made. 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 speakers in objection at the public hearing. 6. The County Code of Ordinance Sec. 2-87(3)(a) directs the Hearing Examiner to make a finding as outlined in LDC Section 10.08.00 that: 1) approval of the Conditional Use will not adversely affect the public interest and 2) will not adversely affect the uses of neighboring properties in the same district; 3) all specific requirements for the individual Conditional Use will be met; and 4) satisfactory provisions have been made concerning the following matters, where applicable:l 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. TI2e �°ecor°d evidence and testimony from the public hearing reflects that this �°equest is consistent 1��ith the GMP and 1e�ith the conditions pr°oposed by staff,• this project hill be in compliance 1a�ith the applicable provisions of the 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 crud testimony fi�•om the public hearing reflects that ingress and egress to the subject proper°ty �a�ill utilize primcrr y access on Cr°ews Road and Whitaker Road, as sh�ola�n on the master• plan. Additional operational impacts for the facility 1-vill be r•eviel•ned at the time of the Plat or Sr.'te Development Plan (SDP). The TIS submitted by the applicant indicates that the adjacent roadway netvvor•k has sufficient capacit�� to accommodate this project within the S year planning period, as noted above, and will not adversely impact the surrounding road~ -nay nets-nor•k. Crews Road �-vill be constr°acted and repaired along the development's fr°outage to the access connection on Santa Bar°tiara pavement, meeting Collier County's minimum r°ur•al cross-section standards. Moreover, according to LDC Section 4.05.04, Tcrble 17, Parking Space Requirements, the minimum parking r•equir•ements for a church ar•e three parking spaces for eves y seven seats in the chapel or assembly area. The church 1��ill have 400 seats; therefore, 172 parking spaces 1a�ill be regarired. b� addition to this requirement, the associated offr.ce use will require four spaces, the r°ecrecrtior� use will require 31 spaces, and ADA parking will require seven spaces. The combined total parking r°egrrirernent of all these uses for this church is 207 spaces. The 1 The Hearing Examiner's findings are italicized. Page 2 of 8 conditional use site plan shows that 252 spaces will be pr°ovided; therefor°e, this petition shows compliance ti��ith the parking LDC requirerrzent. 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 from the public hearing reflects that the subject site is currently zoned Estates (E) cmd Residential Multi-Family-6 (3) zoning districts. It is szrrrounded to the north and west by vacant land. To the east, it is developed with a church, cmd to the south, it is developed ���ith a multifamily residential. The only proposed outdoor activity 1a�ill be a small outdoor playground for children. The other proposed uses crud activities ���ill be conducted inside the building. Furthermore, outdoor lighting for the parking areas will be designed to reduce light spillage beyond the propert�� lines. Traditionally, churches do not reduce property values, rzor• will the church emit any noxious odor°s. Any outdoor event hill require a tempor°ary zrse permit. Noise complaints received by the Code Enforcement Office will be investigated and mcry result in further Temporary Use Permits being der��ied As such, the proposed use should have minimal impact on neighboring properties in terms of noise, glare, economic, or odor effects. 4. Compatibility with adjacent properties and other properties in the district. The record evidence and testimony from the public hearing reflects that a church is permitted as a conditional use in the Estates (E) zoning district (LDC 2.03.OLB.l.c.1) and per°rnitted as a conditional use in the Residential Multi-Family-6 (RMF6(3) zoning district (LDC 2.03.02.B.1.c.1) provided that the procedures and requirements of LDC 10.08.00 are satisfactorily completed. As described above, the proposed project satisfies the requirements of 1 D. 08.00. In the RMF-6(3) Zoning District, the maximum density is three (3) zrnits per acr°e. With setbacks that meet LDC r°equir•ernents and regzrired landscape bz ffering that meets or exceeds code requirements, neighbor°ing properties will have an aesthetically appealing vies->> of the pr°oper•t��. If the proposed Conditions of Approval are adopted, the proposed church can be compatible with adjacent properties and other properties in the immediate area. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY. Future Land Use Element (FLUE): The subject property is designated Urban, Urban Mixed Use, Urban Residential Subdistrict on the Future Land Use Map (FLUM) and Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The current zoning is Estates (E) and Residential Multi -Family (RMF-6). The intent is to develop the property for church use, featuring a 25,000- square -foot worship facility with 400 seats. Lands within urban -designated areas allow for specific non-residential uses, including community facilities such as churches, as listed in the Urban Designation description within the FLUE in section Lb.4. �.;- Transportation Element: In evaluating this project, staff reviewed the applicants' April 25, 2024, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2024 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states. "The County Commission shall review cell rezone petitions, SRA designation applications, conditional arse petitions, a��d p�•oposed amei�dmei�ts to the Future Land Use Element (FLUE) affecting the overall count}na�ide densit�� or in�tensit�� of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the czrr•��•ent A UIR or if it impacts an. adjacent roadway segment that is defi.cien�t as iden�tifi.ed in the cu�•refzt A UIR, or which sign f candy i»zpacts a roadu�cay segment or adjacent roadway segment that is currently operating ctnd/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume. b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." County staff finds that according to the TIS provided with this petition, the proposed development is projected to generate a total of 40+/- PM peak hour, two-way trips on the adjacent roadway segments of Santa Barbara Parkway. Based on the TIS and the 2024 AUIR, the subject CU is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link 2024 AU1R Current Peak 2024 LOS Hour Peak Remaining Direction Capacity Volume/Peak Direction 79.0/ Santa Barbara Davis Blvd. to B 3,100/South 1,E37 Boulevard Rattlesnake Hammock Rd Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Stormwater Review: The proposed conditional use request is not anticipated to create drainage problems or adverse stormwater management impacts to surrounding properties in the area. The site is not currently covered by a South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP). However, this will be required before any proposed land use or development change. That process will ensure consistency with all applicable state standards for stormwater systems. In addition, site development approval (SDP and/or Plat) will be required from Collier County to ensure that local development standards are maintained and that proposed stormwater systems) are designed to be consistent with relevant LDC and County Ordinances for water quality and water quantity, during both the interim construction phase and final implementation. Landscape Review: The conceptual site plan depicts that the proposed project meets or exceeds the landscape buffering and wall requirements. Utility Review: The project lies within the regional potable water service area and the South County Water Reclamation Facility wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are available via existing infrastructure within the adjacent right -of --way. Sufficient water and wastewater treatment capacities are available. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the proj ect 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. Environmental Element: Enviromnental Services staff has reviewed the Conditional Use petition to address environmental concerns. The property is devoid of native vegetation; the existing trees onsite do not meet the native vegetation preservation requirements of LDC Section 3.05.07.A. As such, no preservation Page 5 of 8 of native vegetation is required. Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the presence of Black Bear (Ursus americanus floridanus) in the area. A black bear management plan must be included in the PPL or SDP review. This project does not require an Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommend approval of the proposed petition. Conservation &Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation &Coastal Management Element (CCME). The project site is 14.8 acres. The property does not contain native vegetation; no preservation is required. GMP Conclusion: Based on the above analysis, staff finds the subject petition consistent with the Future Land Use Element of the Growth Management Plan. 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.D 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-PL20230006785, filed by Brooks Witcher of Fort Construction Group of Naples, Inc. and Alexis Crespo, AICP of RVi Planning + Landscape Architecture, representing the owner One Life Church Naples, Inc., with respect to the property legally described as the 14.88 � acre property located in the northwest quadrant of the intersection of Santa Barbara Boulevard and Crews Road in Section 8, Township 50 South, Range 26 East, Collier County, Florida, for the following: • A Conditional Use for One Life Church, Inc., pursuant to Sections 2.03.O1.B.l.c.l and 2.03.02.B.1.c.1. of the Collier County Land Development Code requesting a Conditional Use to allow a 25,000� square foot, 400 seat church on lands zoned Estates (E) and Residential Multi -Family (RMF-6(3)). The property is in two zoning districts: E and RMF- 6(3), where churches are permitted as conditional uses. Said changes are fully described in the Conditions of Approval attached as Exhibit "A" and the Master Site Plan attached as Exhibit "B", and are subject to the conditions) set forth below. •..- . • ATTACHMENTS. Exhibit A —Conditions of Approval Exhibit B —Master Site Plan LEGAL DESCRIPTION. The subject 14.88 � acre property is in the northwest quadrant of the intersection of Santa Barbara Boulevard and Crews Road in Section 8, Township 50 South, Range 26 East, Collier County, Florida. CONDITIONS. 1. The One Life Church Conditional Use shall be depicted on the Master Site Plan revised 4/4/2025, prepared by Fort Construction Group of South Florida, Inc., and is limited to a floor area of 25,000 S.F. and a maximum of 400 seats. 2. The conditional use is limited to a 400-seat church with up to 300 members. 3. The church office's hours of operation are limited to 8:00 a.m. to 5 p.m. Monday through Sunday. Church and related services are limited to 8:00 a.m. to 1 p.m. on Sundays and 5:00 p.m. to 9 p.m. for nightly meetings. Additional services provided on Christian Holidays (e.g., Good Friday and Christmas Eve Service) are not limited. 4. The church functions will include two (2) congregations/Sunday services and one (1) youth group. 5. Childcare is limited to the supervision of church members' children during Sunday services. Schools and/or daycare centers use is expressly prohibited. 6. Development of the site is limited to one (1) principal structure, not to exceed 25,000 square feet. 7. Crews Road will be constructed and repaired by the property owner at its sole expense along the development's frontage to provide vehicular connection to the Santa Barbara Blvd. pavement. It will meet Collier County minimum rural cross-section standards before issuance of the first certificate of occupancy. 8. The maximum total daily trip generation for the CU shall not exceed 40 two-way PM peak hour net trips and 884 two-way Sunday 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. Complete Trip Generation information. 9. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement -approved service provider as directed by Collier County staff, with staffing and at locations) as directed by the Collier County Transportation Administrator or his designee. 10. All other applicable state or federal permits must be obtained before commencement of the development. Page 7 of 8 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. July 10, 2025 Date Andrew Dickman, Esq., AICP Hearing Examiner «A» CONSTRUCTION GROUP OF NAPLES INC. ONE LIFE CHURCH — CU-PL20230006785 Conditions of Approval REVISED APRIt 2025 1. The One Life Church Conditional Use shall be depicted on the Master Site Plan revised 4/4/2025, prepared by Fort Construction Group of South Florida, Inc. and is limited to a floor area of 25,000 S.F. and a maximum of 400 seats. 2. The conditional use is limited to a 400-seat church with up to 300 members. 3. Hours of operation for the church office are limited to 8:00 a.m. to 5 p.m. Monday through Sunday. Church and related services are limited to 8:00 a.m. to 1 p.m. Sundays, and 5:00 p.m. to 9 p.m. for nightly meetings. Additional services provided on Christian Holidays (i.e. Good Friday, Christmas Eve Service) are not limited. 4. The church functions will include two (2) congregations/Sunday services and one (1) youth group. 5. Childcare is limited to supervision of church members' children during Sunday services. Schools and/or day care center uses are expressly prohibited. 6. Development of the site is limited to one (1) principal structure not to exceed 25,000 SF. 7. Crews Road will be constructed and repaired by the property owner at its sole expense along the development's frontage to provide vehicular connection to the Santa Barbara Blvd. pavement and will meet Collier County minimum rural cross-section standards prior to issuance of the first certificate of occupancy. 8. The maximum total daily trip generation for the CU shall not exceed 40 two-way PM peak hour net trips, and 884 two-way Sunday 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. Complete Trip Generation information. 9. 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