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HEX Final Decision 2015-49 HEX NO. 2015—49 HEARING EXAMINER DECISION PETITION NO. PDI-PL20150000262 - Emmanuel Evangelical Lutheran Church of Naples, Inc. requests an insubstantial change to Ordinance No. 11-23, the Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD, as amended, to add temporary sports, religious, and community events, and temporary seasonal sales as permitted accessory uses, to allow the permitted athletic field as an interim accessory use prior to construction of a permitted principal use, to add development standards for the athletic field interim accessory use, to revise development standards for garden plots by removing the prohibition on on-site sales of produce and maximum number of automobiles, and to delete an environmental development commitment. The subject property consists of 21.72± acres located on the south side of Oil Well Road, approximately one quarter mile west of Everglades Blvd. in Section 19, Township 48 South, Range 28 East, Collier County, Florida. DATE OF HEARING: December 10, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is approved. ANALYSIS: No members of the public were in attendance and staff has received no objections. Seven members of the public attended the neighborhood information meeting with no objections noted. After review of the original submittal, several items of clarifications were agreed to by the applicant and are incorporated within the attached Exhibit A. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20150000262, filed by Robert J. Mulhere of Hole Montes, Inc. representing Emmanuel Evangelical Lutheran Church of Naples, Inc., with respect to the property as described in the Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD, Ordinance No. 11-23, for the following insubstantial changes: • to add temporary sports, religious, and community events, and temporary seasonal sales as accessory uses that shall be allowed prior to the construction of the principal use ; • to allow the athletic field as an interim accessory use prior to construction of a permitted principal use; • to add development standards for the athletic field interim accessory use; [15-CPS-01439/1227925/1]36 1 of 2 • to revise development standards for garden plots by removing the prohibition on on-site sales of produce and maximum number of automobiles; and • to remove an environmental development commitment that has been satisfied. Said changes are fully described in the Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD amendment attached as Exhibit"A", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—CFPUD Amendment LEGAL DESCRIPTION: See Ordinance No. 11-23, the Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 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. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. 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. 1z - , - lc V u Date Mar Strain, Hearing Examiner Appro -d o !ad le:ality: Scott A. Stone Assistant County Attorney [15-CPS-01439/1227925/1]36 2 of 2 EXHIBIT "A" Page 1 of 4 SECTION ONE: AMENDMENT TO EXHIBIT "A", LIST OF PERMITTED USES, ATTACHED TO ORDINANCE NO. 11-23, EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Exhibit "A," List of Permitted Uses, Section B, Accessory Uses, attached to Ordinance No. 11-23, Emmanuel Evangelical Lutheran Church Community Facilities PUD, is hereby amended to read as follows: B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Recreational facilities including outdoor play areas and athletic field, administration offices and facilities, and youth recreation centers indoor to support church uses. The athletic field, limited to the location as depicted on the PUD Master Plan as "Football/Soccer Field" and "Softball Field," shall be allowed on an interim basis, prior to the construction of a principal use as listed in paragraph A. of Exhibit A of the PUD. Additionally, sports, religious, and community events (e.g. open air farmers market) are already permitted on the subject property, subject to the issuance of a Temporary Use Permit as set forth in LDC Section 5.04.05. The sum total duration of all such special events shall not exceed 28 days per calendar year. Temporary seasonal sales (e.g. pumpkin or Christmas tree sales) are also permitted, subject to the issuance of a Temporary Use Permit as set forth in LDC Section 5.04.05 and the time limitation contained therein. These events are allowed prior to the construction of a principal use. 2. Water and wastewater facilities for serving this CFPUD only. 3. Garden Plots, limited to an accessory use to the Churches and Places of Worship, SIC 8661. Garden Plots shall be allowed on an interim basis prior to the construction of the Churches and Places of Worship. Garden Plots are also an allowable Accessory Use after the construction of Churches and Places of Worship. 4. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). Page 1 of 4 Words underlined are added;words struck are deletions H:\2006\2006096\WP\PDI 2015\HEX\Emmanuel Evangelical Lutheran Church CFPUD PDI(PL-20150000262)(12-10-2015).docx EXHIBIT "A" Page 2 of 4 SECTION TWO: AMENDMENT TO EXHIBIT "B", DEVELOPMENT STANDARDS, ATTACHED TO ORDINANCE NO. 11-23, EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Exhibit "B," Development Standards, attached to Ordinance No. 11-23, Emmanuel Evangelical Lutheran Church Community Facilities PUD, is hereby amended to read as follows: G. ATHLETIC FIELD OPERATION 1. The Athletic Field shall only be permitted to be in use between the hours of 7:00 A.M. and 9:00 P.M. 2. If constructed as an interim accessory use, prior to the construction of a principal use, the following standards shall apply: a. The athletic field will only be used during daylight hours and will not be lighted, until such time as a principal use is constructed. b. Temporary sanitary facilities that are ADA accessible shall be provided. c. Use of the athletic field shall be limited to members of the congregation and their guests. d. Up to two (2) on-premises directional signs are allowed. Each sign shall not exceed six (6) square feet in size. e. The authorization for such use shall be valid for five (5) years. If the principal use has not commenced by that time, staff may authorize the continuation of the interim accessory use for another five (5) years. In approving the continuation of the athletic fields as an interim accessory use, the County will evaluate any changes in impacts to adjacent roadways or neighboring properties to determine whether the five-year extension should be granted administratively or brought back before the Hearing Examiner. f. Traffic control for peak events will be provided by the owner if it is determined to be warranted by the Collier County Growth Management Division or the Collier County Sheriff's Office. H. GARDEN PLOTS 1. U-Pick or similar commercial farm operation on site sales of produce is prohibited. Page 2 of 4 Words underlined are added;words struck through are deletions H:\2006\2006096\WP\PDI 2015\HEX\Emmanuel Evangelical Lutheran Church CFPUD PDI(PL-20150000262)(12-10-2015).docx EXHIBIT "A" Page 3of4 2. The maximum area for the garden plots shall be limited to 10% of property or±2 acres. 3. Garden plots shall be located outside the 75 foot perimeter setback areas. 4. Maximum number of automobiles shall be limited to ten at any one time. 5:4. Access to garden plots and parking areas shall be a gravel surface. 675. Temporary sanitary facility to facilities shall be provided. 7,6. A Site Improvement Plan shall be required to be approved by the County prior to the utilization of garden plots. 8. The development of garden plots shall not vest the property for PUD sunsetting PuFpeses7 Page 3 of 4 Words underlined are added;words struck through are deletions H:\2006\2006096\WP\PDI 2015\HEX\Emmanuel Evangelical Lutheran Church CFPUD PDI(PL-20150000262)(12-10-2015).docx EXHIBIT "A" Page 4 of 4 SECTION THREE: AMENDMENT TO EXHIBIT "F", DEVELOPMENT COMMITMENTS FOR THE PROJECT, ATTACHED TO ORDINANCE NO. 11-23, EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Exhibit "F," Development Commitments for the Project, attached to Ordinance No. 11- 23, Emmanuel Evangelical Lutheran Church Community Facilities PUD, is hereby amended to read as follows: 2. ENVIRONMENTAL A. Conservation/preservation areas comprising a minimum of 0.26 acres are shown on the CFPUD Master Plan that meets the minimum of 0.26± acres required to be preserved by the LDC. • . • • applicant shall provide an updated listed species survey to show the property's proximity to bear or panther habitat (primary or secondary) and indicate if any mitigation is required by the FWC/USFWS. If mitigation is required, the members. Page 4 of 4 Words underlined are added;words are deletions H:\2006\2006096\WP\PDI 2015\HEX\Emmanuel Evangelical Lutheran Church CFPUD PDI(PL-20150000262)(12-10-2015).docx