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HEX Final Decision 2019-15 HEX NO. 2019— 15 HEARING EXAMINER DECISION PETITION NO. CU-PL20170003317 — Beraca Baptist Church, Inc. requests a Conditional Use to allow a church within a Rural Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for a 3.5± acre property located on the north side of Lake Trafford Road, approximately 1000 feet east of Little League Road in Immokalee, in Section 31, Township 46 South, Range 29 East, Collier County, Florida. DATE OF HEARING: March 28, 2019 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 the criteria set forth in Section 10.08.00 D of the Land Development Code has been met and the petition should be approved. ANALYSIS: Members of the public and members of the congregation attended this hearing. The abutting property to the west is a single-family home site. This property owner was in attendance and expressed concerns for a church operating at this location. The area in general has seen increased density on many surrounding properties and this neighbor is one of the few remaining large individual tracks. Concerns over additional activity and noise were expressed. The church pastor spoke to describe the operational aspects of the proposed church in response to the neighbor's concerns. In addition, an email was received by staff from a representative of the higher density neighborhood to the east. Issues that had been previously raised during staff's review are addressed in the conditions of approval and changes to the site plan. The conditions included with this decision include limitations to assure compatibility with the neighborhood and memorialize commitments made by the applicant. [18-CPS-01752/1468820/1]46 1 of 3 DECISION: Petition Number CU-PL20170003317, filed by Ronny De Aza of RDA Consulting Engineers, Inc., representing Beraca Baptist Church, Inc. with respect to the property hereinafter described in Exhibit "A", is hereby approved for a Conditional Use to allow a church within a Rural Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B", and subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—legal description Exhibit B—Conceptual Site Plan LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: The approval of this conditional use is subject to the following condition(s): 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. With the exception of the parking area, the Beraca Baptist Church Use shall be limited to that which is depicted on the Beraca Baptist Church Conceptual Site Plan attached as Exhibit "B". The depicted parking area may be expanded to accommodate required off-street parking to meet the maximum seating allowed, in the event the petitioner does not seek an administrative parking reduction. 3. The hours of operation shall be limited to the following: Weekday: 7:00 pm—9:00 pm Weekend: 9:00 am—9:00 pm Weekday: Friday Weekend: Sunday 4. The number of seats provided by the church shall be limited to 75. 5. The applicant shall be limited to only one principal structure at approximately 4,442 square feet. 6. Perimeter fencing shall be repaired and maintained by the property owner in accordance with the LDC (Land Development Code), prior to the issuance of a Certificate of Occupancy for a church at the subject location. 7. Perimeter buffers will be as required by the LDC and existing buffers not meeting the LDC requirements will be improved to meet or exceed those standards. [18-CPS-01752/1468820/1]46 2 of 3 8. 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 provided and as directed by Collier County staff, with staffing and location(s) as directed by the Collier County Transportation Administrator or designee. 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 COURTS, 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. Q\ Date arkl Strain, Hearing Examiner Appro'-d as to fo and legality: wit Scott A. ane Assistant County Attorney [18-CPS-01752/1468820/1]46 3 of 3 INSTR 5513654 OR 5479 PG 1554 RECORDED 2/21/2018 10:52 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $18.50 Exhibit "A" THIS INSTRUMENT PREPARED BY: Thomas K. Boardman THOMAS K. BOARDMAN,P.A. P.O. Box 2197 LaBelle, Florida 33975 PREPARED WITHOUT EXAMINATION OF TITLE AND BASED UPON A LEGAL DESCRIPTION PROVIDED BY THE GRANTOR. Parcel ID Nos.: 00071840008 and 00072800005 WARRANTY,DEED THIS INDENTURE,made tjh$ , day ofF ` , Q18,between MARC SAINRIUS BELLEUS,Grantor,whose addrds -I`303 Santa Rosa, Eakatee,Florida 34142,to BERACA BAPTIST CHURCH,INC.,arElorida;nnt-forr,pr fit c orati ,Grantee,whose mailing address is P.O. Box 922, Immokalee, Florida 314 1/7-71 --t\-7,77-,k7 77\ \ WITNESSETH,that the C.raitor,gfok a dd)1-)ckneld.6.raltonlof the sum of TEN DOLLARS AND NO/100 AND OTHER o tk 0 C itp*TIONS,to him in hand paid by the Grantee,the receipt wh )is hereby acknowlei4ed,has Or t;d,bargained,and sold to the Grantee,its heirs and assigns fore1,the following des., ' dig a fd; tuate,and being in the County of Collier, State of Florida,to witf \ 2 All of the Grantor's undivided e in #ollowin_: Parcel 1: Commencing at the Northwest corner of Section 31, Township 46 South, Range 29 East,Collier County,Florida,run South 84°45'30"East 987.00 feet along the North line of said Section;thence South 00°49'30"East 2160.96 feet to the Point of Beginning; thence continue South 00°49'30" East 400.00 feet to the North right of way line of Lake Trafford Road(C-850);thence North 87°57'00"West 200.00 feet along said right of way line;thence North 00°49'30"West 400.00 feet;thence South 87°57'00" East 200.00 feet to the Point of Beginning. Parcel 2: Commencing at the Northeast corner of Government Lot 1 of Section 31, continue along the Northerly boundary line of Section 31 South 84°45'30"East 30.17 feet to a concrete monument;thence South 00°49'30"East 2160.96 feet parallel with the East line of said Government Lot 1 to a concrete monument, said monument being 400 feet North of the North boundary line of State Road S-850, said point being the Point of Beginning;thence continuing along the same line South 00°49'30: East 400 feet to a concrete monument on the Northerly boundary line of State Road S-850; thence South 87°57' East along said Northerly boundary line of State Road S-850 150 feet to a point; thence North 00°49'30" West 400 feet to a point;thence North 87°51'West 150 feet to a concrete monument and the Point of Beginning. The above described parcel being a part of the Northwest 1/4 of Section 31,Township 46 South,Range 29 East, Collier County, Florida. Exhibit"B" t oxi 4l i if EO - �r F ' N.7_,„„, �1t 7 �"w 2 K I , 7f 1 30'SIDESE - -, 1-I �' -AY, R-1 �. 1 ,,i! Oil .r,,,1 r : w Em 1 O g , i� v P a jo t '1— ! ---. 1131 z 041 n n. t 'F 73 1S VI o D §$ y > �S 0 0 wvawrt sE*eAa _ 1 Ill &-- ' I tto I I ''''"Zr - U s. wu ta =_--_ i - te' f &_ LIBERTY WAY maw. waft) RRM'.DEAE1E.V.UE1 C.a) 5,7„,E.,,,,4 nc� < z, > z 18 .. < 0 n s 3 �r n a e x''54 M g a�'2-2, fi 5 TA ooA i $ 9 G s g f<Qa'gs m z ° t 5 R - < 3 9 Qs mm< a. �' Nx i 1 / o c o 'a . , Ind, "s i ii g § .5-q, - mwFcyS.d fi g 1;a rog np g r Z y Z » P P P P P P P , a p x s a a cases - s- i N-N " Z m n B f° e-c$' ' m w > gS g y $ g at bac o s D R % v 3 50555 N wa n - Z E n No E. �' o.° � 2 � D a S °="s8 _"i s 3 I a 5 o S A gym » 2a" '4 g H p e g m N n ,°a.•<m 5.lit 0 tl —z o� rs.1y rs'–g' .Z'= to fil a b p 1Oi Cl ri Ei PROJECT: BERACA BAPTIST CHURCH q w ; 4 0