HEX Final Decision 2020-05 HEX NO. 2020-05
HEARING EXAMINER DECISION
DATE OF HEARING.
August 27, 2020
PETITION.
Petition PDIPL20200000201: DEVOE PONTIAC PDI — A request for an Insubstantial
Change to Ordinance Number 97-14, the DeVoe Pontiac Planned Unit Development, to
revise the Master Plan to add a pedestrian and vehicular interconnection with the adjacent
property to the north.The subject property,consisting of 4.55+/-acres,is located on the east
side of Airport Road, approximately 250 feet south of Glades Boulevard, in Section 12,
Township 50 South, Range 25 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 andor 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
10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve Petition.
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DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL2020000020, filed by D.
Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. representing St. Matthews House,
Inc., with respect to the property as described in the DeVoe Pontiac Planned Unit Development
PUD, Ordinance No. 97-14, for the following insubstantial change:
• To add a vehicular and pedestrian interconnection within property under common
ownership.
Said changes are fully described in the Site Development Plan Amendment with Interconnection
Note(PL20180002477)attached as Exhibit"A" and are subject to the condition(s)set forth below.
ATTACHMENTS.
Exhibit A Site Development Plan Amendment Sheet with Interconnection Note(PL2018002477)
LEGAL DESCRIPTION.
See Ordinance No. 97-14, the DeVoe Pontiac Planned Unit Development PUD.
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.
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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.
?A (/ W ?,,?,,e..,.,t____-•,_-,—,. -
Date Andrew Dickman, Esq., AICP
Hearing Examiner
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EXHIBIT "A"