HEX Final Decision 2020-15 IIEX NO. 2020-15
HEARING EXAMINER DECISION
DATE OF HEARING.
September 24, 2020
PETITION.
PETITION NO. MPUD PL20200000048 Baumgarten MPUD - Request for an insubstantial
change to the Baumgarten Planned Unit Development (PUD) by seeking deviations from
LDC Sections 5.05.0.5 B.1., 5.05.05. D.2.a., and 5.05.05. D.2.b. "Facilities with Fuel Pumps"
and LDC Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b. "Boundary Marker
Sign," LDC Section 5.06.04.F.2.b., "Outparcels-Ground Signs" and LDC Section 5.06.04.
F.3., "Directory Signs" and modifying previously approved Deviation #3. The subject PUD
is 55.66k acres located at the southeast quadrant of Immokalee Road and Collier Boulevard,
in Section 26,Township 48 South, Range 26 East, Collier County, Florida.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
I. 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 Section
10.02.13.E.1 of the Land Development Code to approve Petition.
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DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL202000000048, filed by
Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A. representing D. Wayne
Arnold, AICP of Q. Grady Minor and Associates, P.A., with respect to the property as described
Ordinance Number 2019-11, 55.66±acres, located at the southeast quadrant of Immokalee Road
and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida, for the
following:
• An insubstantial change to the Baumgarten Planned Unit Development (PUD) by seeking
deviations from LDC Sections 5.05.05 B.1., 5.05.05. D.2.a., and 5.05.05. D.2.b. "Facilities
with Fuel Pumps" and LDC Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b.
"Boundary Marker Sign," LDC Section 5.06.04.F.2.b., "Outparcels-Ground Signs" and
LDC Section 5.06.04. F.3., "Directory Signs" and modifying previously approved
Deviation#3.
Said changes are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A None.
LEGAL DESCRIPTION.
See Ordinance Number 2019-1 I, 55.66± acres, located at the southeast quadrant of Immokalee
Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida.
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.
October 7, 2020
Date Andrew Dickman, Esq., AICP
Hearing Examiner
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