HEX Final Decision 2020-26 HEX NO. 2020-26
HEARING EXAMINER DECISION
DATE OF HEARING.
November 12, 2020
PETITION.
PETITION NO. NUC PL20200000497- 6750 Golden Gate Parkway (NUC) - Request for a
change to a non-conforming use pursuant to Land Development Code Sections 9.03.02.D and
10.03.06.V to allow a church to replace a bingo hall that was previously authorized by
Resolution 97-339 on 2.11+/- acres within the Estates (E) zoning district located at 6750
Golden Gate Parkway in Section 30, Township 49 South, Range 26 East in 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.
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 Sections
9.03.02.D and 10.03.06.V. of the Land Development Code to approve Petition.
Page 1 of 4
DECISION.
The Hearing Examiner hereby APPROVES Petition Number NUC PL20200000497-675,filed by
D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. and Rich Yovanovich, Esq.
representing the owner Airport Hall for Hire, Inc. and the applicant, El Shaddai of Grace, Inc.,
with respect to the property described as 6750 Golden Gate Parkway in Section 30, Township 49
South, Range 26 East in Collier County, Florida, for the following:
• A change to a non-conforming use pursuant to Land Development Code Sections 9.03.02.D
and 10.03.06.V to allow a church to replace a bingo hall that was previously authorized by
Resolution 97-339 on 2.11+ acres within the Estates (E)zoning district.
Said changes are fully described in the Non-Conforming Use Site Plan attached as Exhibit "A"
and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A—Non-Conforming Use Site Plan
LEGAL DESCRIPTION.
6750 Golden Gate Parkway in Section 30, Township 49 South, Range 26 East in Collier County,
Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Seating for the religious facility use shall be limited to a maximum of 321 seats and
building square footage shall not exceed the existing 16,000 square feet.
3. Weekday and weekend hours are limited to 8:00 AM to 10:00 PM. Hours for services on
religious holidays shall not be subject to the above specified hours.
4. No outdoor amplified sound shall be permitted, unless permitted under a Temporary Use
Permit for a special event.
5. The maximum total daily trip generation shall not exceed 294 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 any
future application for SDP/SDPA or subdivision plat approval.
6. Special events (operated by the church) are limited to twelve (12) per calendar year and
subject to a Temporary Use Permit as required, in accordance with the LDC.
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7. No day care services, school, or food service shall not be offered on site, unless in
conjunction with and during a church service or a permitted special event.
8. The religious facility is permitted to allow for accessory non-worship services to the
approved religious facilities use which include 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.
9. For services or other periods or events of significant traffic generation, as determined by
Collier County staff, the church shall provide traffic control by law enforcement or a law
enforcement approved service provider as directed by Collier County staff, with staffing at the
location(s) as directed by Collier County Transportation Engineering Division Director or
designee.
10. Alcoholic beverages, other than those used for religious ceremonial purposes, are
prohibited on-site.
11. Landscape requirements of the LDC will be provided to the greatest extent practical at time
of any subsequent development order.
12. Project site light poles, structures and fixtures will be shielded away from residential
property lines.
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.
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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.
X21.
December 2, 2020
Date Andrew Dickman,Esq., AICP
Hearing Examiner
Page 4 of 4
EXHIBIT "A"
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EXHIBIT "A"
SITE INFORMATION:
ZONING: E, ESTATES(CORRIDOR MANAGEMENT OVERLAY DISTRICT AND AIRPORT OVERLAY)
SITE AREA: 2.11 AC.
EXISTING USE: BINGO HALL, RENTAL FACILITY
PROPOSED USE: CHURCH, RELIGIOUS FACILITY(MAXIMUM 321 SEATS)
BUILDING AREA: 16,000 SQUARE FEET
BUILDING HEIGHT: 30 FEET
OPEN SPACE(NOT APPLICABLE):
PRESERVE(NOT APPLICABLE):
BUILDING SETBACKS(MINIMUM)
GOLDEN GATE PARKWAY. 200'
EASTERN BOUNDARY 30'
WESTERN BOUNDARY. 10'
SOUTHERN BOUNDARY: 75'
NOTES.
1. ALL ON-SITE LIGHTING SHALL BE SHIELDED AND DIRECTED AWAY FROM ADJOINING
PROPERTIES. Q
2. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY
PERMITTING REQUIREMENTS.
3. EXISTING NATIVE VEGETATION TO REMAIN.
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