Resolution 1991-747OCTOBER 22, 1991
RESOLUTION 91 - 747
RELATING TO PETITION NO. PU -91 -12 FOR PROVISIONAL
USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for
the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among
which is the granting of Provisional Uses; and
WHEREAS, the Collier County Planning Commission, being the
duly appointed and constituted planning board for the area hereby
affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability
of Provisional Use "b" of Section 8.10 (Essential Services) in an
A -2 zone for a communication tower on the property hereinafter
described, and has found as a matter of fact (Exhibit "A ") that
satisfactory provision and arrangement has been made concerning all
applicable matters required by said regulations and in accordance
with Section 13.1.d of the Zoning Regulations for the Collier
County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to
be heard by this Board in a public meeting assembled and the Board
having considered all. matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS
of Collier County, Florida that the petition filed by Mark
Lamoureux of Mark Lamoureux Engineering, representing Florida
Cellular R.S.A. Ltd. Par. with respect to the property hereinafter
described as:
■ IM0 PA 177
OCTOBER 22, 1991
The West 1/2 of the Northwest 1/4 of the Southwest 1/4 of
Section 31, Township 49 South, Range 27 East, Collier County,
Florida.
be and the same is hereby approved for Provisional Use "b" of
Section 8.10 (Essential Services) of the A -2 zoning district for a
communication tower in accordance with the Conceptual Master Plan
(Exhibit "B ") and subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by
reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner Satmders offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Shanahan and upon roll call, the vote was:
AYES: Commissioner Saunders, Commissioner Shanahan, Commissioner Volpe, CMMLssioner
Hasse, and Commissioner Goodnight
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this 22nd day of October 1991.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
dd
PATRICIA ANNE GOODNIGHT, C
ATTEST:
JAMES C. GILES,`.,CLERK
t9VED AS To,'ORM AND LEGAL SUFFICIENCY:
MARJORIE M. STUDENT
f°yASSISTANT COUNTY ATTORNEY
PU -91 -12 RESOLUTION
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR. _
OCTOBER 22" 1291 2
pit-q 1 -1
The following facts are found:
1. Section 8.10b.(Essential
cprvirPQ) of the Zoning Ordinance
authorized the provisional use.
2. Granting the provisional use will not adversely affect
the public interest and *will not adversely. affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with the Comprehensive Plan:
Complies with Comprehensive Plan
Yes ► No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive, and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes L,-"_ No
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
No affect or Affect mitigated by,
Affect cannot be mitigated
D. General compatibility with adjacent properties and
other property in the district:
Compatible us within district
.Yes No
Based on the above findings, this provisional use should,
with stipulations, (copy attached) (should not) be
recommended for approval
DATE: 10-1-q) CHAIRMAN: t
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FINDING OF FACT CHAIRMAN
EXHIBIT "A"
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OCTOBER 22 1991
I, Mark Lamoureux of Mark Lamoureux Engineering, as
authorized agent for Petition PU- 91 -12, agree to the following
stipulations requested by the Collier County Planning
Commission in their public hearing on October 3, 1991.
a. The Planning Services Manager, may approve minor changes
in the location, siting, or height of buildings,
structures, and improvements authorized by the provisional
use. Expansion of the uses identified and approved within
this provisional use application, or major changes to the
site plan submitted as part of this application, shall
require the submittal of a new provisional use
application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including
Section 10.5, Site Development Plan Review and approval,
of the Collier County Zoning. Ordinance (82 -2).
b. The petitioner shall plant a continuous landscape hedge,
consisting of native shrubs (3 foot minimum height at
planting) around the perimeter of the security fence.
C. Prior to the issuance of a final local development order a
shared use plan for both the tower and this site pursuant
to the appropriate provisions of Ordinance 91 -84 shall be
submitted.
d. This project shall be required to
Ordinances in effect at the time
documents are submitted for development
e. This project shall be required to go
Development Plan process in accordance
of the Zoning Ordinance.
meet all County
Einal construction
approval.
through the Site
with Section 10.5
f. A detailed water management plan shall be submitted as
part of the final site plan submission. This project
shall be designed for water quality in accordance with
South Florida Water Management District rules.
g. If a diesel storage .tank is to be used as a fuel source
for the back -up generator, it shall be enclosed in an
impervious cell that shall contain any potential spill.
Details of the containment system shall be submitted as
part of the final site plan submission.
EXHIBIT "C"
■ 000 181
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OCTOBER 22, 1991
h. Petitioner is subject to Ordinance No. 75 -21 or the
vegetation removal ordinance in effect at the time of
final land development order.
i. Petitioner is subject to Ordinance No. 82 -37 or the
exotics removal ordinance in effect at the time of final
land development order.
k. Siting of
proposed
structures and infrastructure is
subject to
revision
to avoid impacts to naturally
vegetated
areas and
shall be addressed during the SDP
process.
1. Artificial
lighting
required by either the Federal
Aviation
Administration or Federal Communications
Commission
shall be affixed to the tower. A red beacon
shall be used
instead
of a white strobe when technically
possible.
M. Final location of the communication tower shall be
determined during the Site Development Plan process. The
review shall specify the minimum area of environmental
impact while maintaining a 100 foot setback from property
lines.
4
-jab, PZT14LIO AGENT
i
SWORN TO AND SUBSCRIBED BEFORE ME THIS oZ.� DAY OF
1991.
L/
%,,NOTARY PUBLIC
SEAL WARY PtAX STATE Of FLOWA
My C"ISMN Elm AU6. 72.1992
MY OMM,ISSION EXPIRES: SONDED rrM ARK M. LO.
N ,000 FV! 1UL
-2-
OCTOBER 221 1991
7
REPRESENTATIVE- FOR,:.Q C /
SWORN TO AND SUBSCRIBED BEFORE'ME THIS /� DAY
OF / j_ 1991.
Qr1�2st �Ei
OTARY PUBLIC
SEAL
NNAAY MAX STATE CF FLOWA
rtr CMMMM OF AUe. 22•tW2 MY FOMMI S A ,N EXPIRES:
Damm 7�01 mica"
PU- 91- 12,AdREEMENT SHEET
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