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HEX Final Decision 2020-20 HEX NO. 2020-20 HEARING EXAMINER DECISION DATE OF HEARING. October 8, 2020 PETITION. PETITION NO. CU PL20190001369 - A Collier County, Florida, Hearing Examiner determination to establish a Conditional Use for a church within an Agriculture Mobile Home Overlay "A-MHO" zoning district, to construct 125,000 square feet of building area for a 1,000 seat sanctuary and a church office, and to establish a child care center to allow a maximum of 200 students,and to add conditions of approval.The subject property is located on the south side of Immokalee Road at the intersection of Krape Road in Section 26, Township 48 South, Range 26 East, Collier County,Florida. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 2. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 3. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 4. The Petitioner and/or Petitioner's representative presented the Petition, followed by County staff and then public comment. 5. One representative of a nearby church made comments regarding stormwater,weekend traffic, and public utilities. The applicant's representative adequately addressed these comments. 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 and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is sufficient competent, substantial evidence as applied to the criteria set forth in Section 2.03.01 Page 1 of 5 B.c.1 of the Land Development Code, the Conservation & Coastal Management Element and the GMP Transportation Element, to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number CU-PL20190001369, filed by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard Yovanovich, Esq. representing Destiny Church of Naples, with respect to the property described as ±40.2 acres located on the south side of Immokalee Road, west of Rivers Road, north of Cannon Boulevard, and east of Krape Road, approximately two miles east of Collier Boulevard (CR 951), in Section 30, Township 48 South, Range 27 East, Collier County, Florida, for the following: • A Conditional Use for a church within an Agriculture Mobile Home Overlay "A-MHO" zoning district, to construct 125,000 square feet of building area for a 1,000 seat sanctuary and a church office, and to establish a child care center to allow a maximum of 200 students. Said changes are fully described in the Site Plan attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—Conceptual Site Plan LEGAL DESCRIPTION. ±40.2 acres located on the south side of Immokalee Road, west of Rivers Road, north of Cannon Boulevard, and east of Krape Road, approximately two miles east of Collier Boulevard(CR 951), in Section 30, Township 48 South, Range 27 East, Collier County, Florida. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. This conditional use is limited to that which is depicted on the "Destiny Church Naples - Conditional Use Site Plan — Revised 08/23/2020", prepared by Q. Grady Minor and Associates, P.A. 3. Parking and outdoor play area lighting shall be required to utilize cut-off fixtures in order to reduce glare to neighboring properties. If parking lot lighting is located within 100' of an existing residential dwelling,the lighting shall be limited to 15' in height and shall utilize full cut- off fixtures. 4. The hours of operation are limited as follows: Page 2 of 5 a. Religious Facilities i. Church offices: Between 7 a.m. to 6:30 p.m. Weekdays ii. Worship Services: Between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 times per month for the accommodation of special functions. b. Child Care: 6:30 a.m. to 6:30 p.m., Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m.to 4 times per month for accommodation of special functions. c. Non-worship use of facilities*: Between 7:30 a.m. to 10:30 p.m. *Non-worship services are accessory to the approved child care and religious facilities uses including community meetings, civic associations, church youth and elder meetings, guest speakers, neighborhood meetings, boy and girl scouts, alcoholics anonymous and other self-help groups and social service clubs, which commonly utilize religious facility space for community activities. 5. The number of seats provided by the church is limited to a maximum of 1,000 seats. 6. The number of students attending the childcare shall be limited to a maximum of 200 children. 7. The applicant is limited to an overall maximum of 125,000 square feet of building area for uses authorized by this conditional use. 8. 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 number 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. 9. At time of SDP approval, Krape Road shall be improved south from Immokalee Road to the project entrance. The improvement shall include installation of a sidewalk on one side of Krape Road.* *Approval Condition number nine (9) must be modified to include both Rivers Road and Krape Road improvements to County standards at time of first SDP or Plat. Alternatively access on Rivers Road must be removed and the internal access shown on the master plan used for the development. 10. The maximum total daily trip generation for this project shall not exceed 180 two-way PM peak hour net 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. Page 3 of 5 11. For services and other periods and events of significant traffic generation, as determined by County staff, the property owners shall provide traffic control by law enforcement or a law enforcement approved service provided as directed by County staff, with staffing at location(s) as directed by the County Manager or his designee. 12. Indoor amplified music shall only be allowed when windows and doors are closed. There shall be no live, recorded or amplified music of any kind prior to 6:30 AM or after 10:30 PM. The limitation on the time for live, recorded or amplified music may be exceeded up to two times per month for accommodation of special holiday worship services or events but may not occur beyond midnight. 13. Outdoor amplified music shall be permitted in conjunction with religious services one time per month from 10:00 AM to 2:00 PM until the primary sanctuary building is constructed. On-site restroom facilities shall be provided during this period. Thereafter, no outdoor amplified music shall be permitted unless approved as a Temporary Use Permit in accordance with LDC Section 5.04.05. 14. Soup kitchens and drug rehabilitation services shall be prohibited. 15. Wildfire Prevention and Mitigation Planning: a. Access - All vehicular access points and all drive aisles shall provide adequate width and turning radii to accommodate emergency vehicle access (including largest fire trucks) and provide access to all structures and parking areas located on-site. b. Vegetation - Florida Forest Service may conduct wildfire mitigation and community outreach in areas of greatest wildfire concern; structure setbacks will provide a 30 ft. defensible space around the site; principal structure setbacks will provide greater than a 25 ft. defensible of space from the on-site preserve area,and; non-highly flammable vegetation/landscaping is encouraged in this preserve setback area; setbacks from outlets for/connections to ground well or water tank(if subterranean), or around water tank (if surface), and around fire hydrants will provide a distance of 25 feet defensible space; landscape buffer plantings shall be limited to those listed in Florida Forest Service publications and plant density to follow crown (tree top) spacing guidelines. The following plants are prohibited from required landscaping and landscape buffers: Saw Palmetto, Wax Myrtle, Yaupon, Red Cedar, Bald Cypress, young Slash Pine trees, and Gallberry; and,the following plants are prohibited on the site: Red Cedar, Arborvitae and Italian Cypress [because detrimental to seniors/forms of senior living facility]. 16. An Emergency Preparedness Plan (EPP) shall be submitted at the earliest development review stage. Page 4 of 5 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. October 23, 2020 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 1 Rc o 11 r,',4 liti iii i z euiu- uavi o 0 h. �o e^ Y m15'WIDE TYPE LANDSCAPE BUFF u� c — — - I ce I NIIo I I 0 . . . . I ,Z a n� = — CC ZC)Z W . . . I . . . . _W Q . ❑ cr W * . . w J o N U - a . . . W o a I . . . . . I w < . . . . a Ow W jp 222 j uD Cl) . i . . . I a =W J O I W i . . . I U J L., Q ❑ - z0 . . . . . I ❑ a Z_ >. O 0 yS FU . . * . . 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OPEN SPACE (70% REQUIRED): REQUIRED:28.14±ACRES (40.2 X .70) PRESERVE — 10.05±ACRES BUFFERS, OUTDOOR PLAY AREAS, WATER MANAGEMENT AREAS AND OPEN SPACE— 18.09±ACRES PROVIDED: 28.14±ACRES PRESERVE— 10.05±ACRES OTHER— 18.09±ACRES PRESERVE (MINIMUM): REQUIRED: 10.05±ACRES (40.2 ACRES X .25) PROVIDED: 10.05±ACRES SETBACKS (MINIMUM): PRINCIPAL STRUCTURE: ACCESSORY STRUCTURE: IMMOKALEE ROAD: 50' IMMOKALEE ROAD: 50' RIVERS ROAD: 50' RIVERS ROAD: 50' EASTERN BOUNDARY: 50' EASTERN BOUNDARY: 50' KRAPE ROAD: 50' KRAPE ROAD: 50' WESTERN BOUNDARY: 30' WESTERN BOUNDARY: 30' PRESERVE: 25' PRESERVE: 10' 3 NOTES: 1. ALL ON—SITE LIGHTING SHALL BE SHIELDED AND DIRECTED AWAY FROM ADJOINING PROPERTIES. 2. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 3. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. 4. PRESERVES MAY BE UTILIZED AS PART OF THE OVERALL WATER MANAGEMENT SYSTEM FOR PRE—TREATED STORMWATER. sar: DESTINY CHURCH NAPLES NA111 o.croily nwror Arid ansurl:n,H.p.\. GradyMinor 3nnn,lu Del Rry Rwnl'a 9prin«. "rd 33 CONDITIONAL USE SITE PLAN NOTES ° ° na,e: Civil Engineers Land Surveyors . Planners Landscape Architects 0100 Uenue:s o 0 :rn.eraiun.r:n aan3,9, e.,.o,q,h.LB000515, nusoiese Lc 2600025a REVISED 08/23/2020 t"LEPTUOL SITE PLAN-REV Itonita Springs:239.997.1144 x ww./;rar/v1/innr.rnm Fart Myers:239.690.4380 SHEET 2 OF 2 i