HEX Final Decision 2020-27 (Corrective to 2020-15) HEX NO. 2020-27
CORRECTIVE HEARING EXAMINER DECISION
(To Correct Scrivener's Error in Hex No. 2020-15)
DATE OF HEARING.
This CORRECTIVE DECISION is approved on December 2, 2020, in order to correct a
scrivener's error in HEX Decision No. 2020-15, wherein the exhibits to the decision were
inadvertently not included.
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 5.05.05 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. The subject PUD
is 55.66±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.
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
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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.
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—Baumgarten MPUD Master Plan Revised 4 1 20
Exhibit B - Baumgarten MPUD Deviations from the LDC
LEGAL DESCRIPTION.
See 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.
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.
Page 2 of 3
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.
December 2, 2020
Date Andrew Dickman, Esq., AICP
Hearing Examiner
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EXHIBIT "A"
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EXHIBIT " B "
BAUMGARTEN MPUD
DEVIATIONS FROM THE LDC
DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B,
Typical Street Sections and Right-of-Way Design Standards".The LDC establishes
a minimum 60-foot right of way width for local streets.This deviation proposes
to instead allow for private roads within the site to be located in a 50-foot wide
access easement or Right-of-Way, as shown on the Master Plan and in Exhibit
El, Deviation#1 Cross Section.
DEVIATION 2: From LDC Section 5.06.04.F.3, "Directory Signs",which requires a Directory Sign
to be a maximum of 20 feet in height and a maximum of 200 square feet, to
instead allow the Directory Sign located at the Collier Boulevard entrance to the
MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet
in size.
DEVIATION 3: From LDC Sections 5.06.04.F1 , "Ground Signs", which allows
each eparcel or tract to have a single ground sign along a public street, to
instead-also allow eutparcels or tracts and individual free standing uses abutting
Collier Boulevard and Immokalee Road within the MPUD to have one additional
ground sign that is oriented to the internal private by-pass driveway(labeled as
R.O.W or access easement on the Master Plan)that is provided for in the MPUD.
The second sign shall be limited to 6 feet in height and 40 square feet in sign
area.
DEVIATION 4: Relief from LDC Section 5.06.04.F.2.b, "Outparcels-Ground Signs",which allows
each parcel or tract to have a single ground sign along a public street, to also
allow platted interior tracts, not adjacent to Immokalee Road or Collier
Boulevard,to have a single ground sign along the interior right-of-way or access
easement with a maximum height of 8 feet and 60 square feet in sign area.
DEVIATION 5: Relief from from LDC Section 5.05.05.D.2.a, "Facilities with Fuel Pumps" which
requires facilities with fuel pumps to be subject to the following standards
where located within 250 feet of residentially zoned or residentially developed
properties:
a. Facility with fuel pumps sites shall be separated from residential property by
a thirty-foot wide landscape buffer and an architecturally designed masonry
wall. The masonry wall shall be eight (8) feet in height, centered within the
landscape buffer, and shall use materials similar in color, pattern, and
JJ'ords underlined are additions: words dough are deletions
Baumgarten VP, D Exh E-rev2.docx tla) 28, 2020
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EXHIBIT "B"
texture to those utilized for the principal structure. The masonry wall shall
be located on top of a berm.The berm shall be constructed and maintained
at a height of three (3)feet and a maximum slope of 3:1. The berm shall be
planted with ground cover.
This deviation will instead not require this MPUD to provide a wall or berm to
be constructed where the facility with fuel pumps is located within 250 feet of
any residential building.
Deviation#6: Relief from LDC Section 5.05.05.D.2.b, "Facilities with Fuel Pumps", which
requires facilities with fuel pumps to be subject to the following standards
where located within 250 feet of residentially zoned or residentially developed
properties:
b. Landscaping shall be required on both sides of the masonry wall. On the
residential property wall side, a hedgerow consisting of#10 shrubs, spaced
three (3) feet on center, and four (4) feet high at planting and five (5) feet
high within one year shall be provided. In addition, a row of canopy trees
spaced thirty (30) feet on center, and ten (10) feet in height at planting are
required. On the facility with fuel pumps wall side, a row of canopy trees,
spaced thirty (30) feet on center, and twelve (12) feet in height at planting
are required.A hedgerow consisting of#10 shrubs, spaced three (3)feet on
center, and four (4) feet high at planting and five (5) feet high within one
year shall be provided. Required canopy trees shall be staggered to
accommodate the canopy trees on the residential property wall side.
This deviation will instead allow this MPUD to provide a 10-foot wide type 'D'
landscape buffer planted with 10-foot-high canopy trees planted 20 feet on
center, and a hedge 3 feet in height at installation which shall be permanently
maintained at a minimum height of three feet along the eastern and southern
lot boundaries. The deviation is applicable only in the location noted on the PUD
Master Plan.
Deviation#7: Relief from LDC Section 5.05.05.6.1 "Facilities with Fuel Pumps", which
establishes site design standards for facilities with fuel pumps by requiring any
front yard setback to be a minimum of 50 feet, to instead allow a reduction in
the required front yard setback to a minimum of 30 feet.
Deviation#8: Relief from LDC Section 5.06.04.F.3, "Directory Signs", which requires Multiple-
occupancy parcels or multiple parcels developed under a unified development
plan,with a minimum of eight independent units,and containing 20,000 square
feet or more of leasable floor area to be permitted one directory sign at one
entrance on each public street, to instead allow the directory sign to be
Words underlined are additions; words are deletions
Baumgarten 11P1 D Exit E-rer2.docx %lay 28. 2020
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relocated so that the directory sign is permitted at the westernmost PUD
entrance along Immokalee Road. This sign shall be permitted to include tenant
names for"The Pointe" which is currently under review(SDP PL20190001486).
Deviation#9: Relief from LDC Section 5.06.02.6.14, "Boundary Marker sign", which allows
residential developments to have one boundary marker sign or monument
structure to be located at each property corner, to instead allow a mixed-use
project to have one boundary marker sign at a single corner. The boundary
marker sign shall include the logo and/or project name.
Deviation#10: Relief from LDC Section 5.06.02.B.14.a. and b., "Boundary Marker sign", which
requires that the maximum height is 8 feet to the uppermost portion of the
boundary marker structure, and the sign face area may not exceed 24 square
feet in area and may not exceed the height or length of the monument or
structure upon which it is located,to instead allow the boundary marker sign or
sculpture located at the intersection of Immokalee Road and Collier Boulevard
to be 10 feet in height with a maximum of 40 square feet in area.
Words underlined are additions;; words struelt-thretrgh are deletions
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