HEX Final Decision 2015-17 HEX NO. 2015 — 17
HEARING EXAMINER DECISION
PETITION VA-PL20150000385 — Petitioner, Capri Christian Church, Inc., requests a
variance pursuant to LDC Section 9.04.00 and seeks relief from LDC Section 4.06.02 C.4,
to allow a 7-foot wide Type "D" landscape buffer instead of the required 10 —foot wide
buffer for developments adjacent to a road right-of-way; from LDC Section 4.06.02 C,
Table 2.4, to allow a 7.5-foot wide rear yard and 8-foot wide side yard Type "B" landscape
buffer instead of the required 15-foot wide buffer for residential single-family properties
adjacent to residential single-family properties; from LDC Section 5.03.02 H, to remove the
requirement for a wall to be constructed on a nonresidential development that is
contiguous to a residential development; from LDC Section 4.05.02.L., to allow one-way
aisles in parking lots with 90 degree parking to have a minimum 20-foot aisle width instead
of the required 22-foot aisle width; from LDC Section 4.05.02 B.1, to allow grass parking
access aisles to be made of shell instead of paved; from LDC Section 4.05.02 G, to remove
the requirement that off-street parking spaces must be striped or marked; and from LDC
Section 4.05.02 I., to remove the requirement that one-way off-street parking aisles must
have painted arrows, for a church off-site parking lot consisting of 0.30± acres in a
Residential Single-Family (RSF-4) zoning district, located on Lots 429 and 430 of Isles of
Capri No. 2 subdivision in Section 32, Township 51 South, Range 26 East, Collier County,
Florida.
DATE OF HEARING: April 9, 2015
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in
Section 9.04.03 of the Land Development Code has been met and the petition is approved.
ANALYSIS:
Approximately 27 letters of support were received, including letters from all but one of the
abutting property owners. The remaining property owner is a recent purchaser and the applicant
stated that the new owner was in attendance at a prior neighborhood information meeting and
was not opposed. Several members of the public were in attendance at this meeting and one
abutting property owner spoke in support of the variance application. No one spoke in
opposition.
DECISION:
The Hearing Examiner hereby approves Petition No. VA- PL20150000385 filed by Blair Foley,
P.E., representing Capri Christian Church, Inc., for the following variances:
• from LDC Section 4.06.02 C.4, to allow a 7-foot wide Type "D" landscape buffer instead
of the required 10—foot wide buffer for developments adjacent to a road right-of-way;
[15-CPS-01419/1168688/1119 1 of 2
• from LDC Section 4.06.02 C, Table 2.4, to allow a 7.5-foot wide rear yard and 8-foot wide
side yard Type "B" landscape buffer instead of the required 15-foot wide buffer for
residential single-family properties adjacent to residential single-family properties;
• from LDC Section 5.03.02 H, to remove the requirement for a wall to be constructed on a
nonresidential development that is contiguous to a residential development;
• from LDC Section 4.05.02.L., to allow one-way aisles in parking lots with 90 degree
parking to have a minimum 20-foot aisle width instead of the required 22-foot aisle width;
• from LDC Section 4.05.02 B.1, to allow grass parking access aisles to be made of shell
instead of paved;
• from LDC Section 4.05.02 G, to remove the requirement that off-street parking spaces
must be striped or marked; and
• from LDC Section 4.05.02 I., to remove the requirement that one-way off-street parking
aisles must have painted arrows.
These variances will allow more cars to be parked in the overflow lot for Capri Christian Church
on the property described herein, as shown in the Parking Sketch attached as Exhibit "A" and
Landscape Plan attached as Exhibit"B", and as subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Parking Sketch
Exhibit B—Landscape Plan
LEGAL DESCRIPTION: Lots 429 and 430, Isles of Capri, No. 2, according to the plat
thereof, as recorded in Plat Book 3, Page 46, of the Public Records of Collier County, Florida.
CONDITIONS:
1. The plant material in the landscape buffers shall include trees that are a minimum of 3-
inch caliper, having a 12-14 foot height at planting, and spaced 20-feet on center.
2. In addition to the perimeter landscape buffers, the parking lot shall have a central
landscape island as depicted on the Landscape Plan attached as Exhibit B.
3. The applicant will install additional signage as indicated on Exhibit A.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing
Examiner Decision is rendered.
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.
�(- i 2015
Date M k Strain, Hearing Examiner
Approv-fas to fiii and legality:
Scott A. Stone
Assistant County Attorney
[15-CPS-01419/1168688/1]19 2 of 2
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REVISED PER HEX 04-09-2015
120 Edgemere Way South Capri Christian Church
Naples,Fl.34105 Variance Request- Parking Lot
Phone(239)263-1222 Collier County, Florida
Blair A. Foley P•E• I,L,C Cell(239)289-4900
Fax(239)263-0472 DAZE IPRO�ECT NO. FIE NO. SCALE �SEET
Civil Engineer/Development Consultant E-mail fols000@aol.com 3-12-2015 PROJNO FILENO As Noted 1 of 1
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