Resolution 1990-400 (PU-90-10) ,y
i;sr, JULY 31, 1990
RESOLUTION 90 ADD •
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RELATING TO PETITION NO. PU-90-10 FOR PROVISIONAL
USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
-1;, 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 '
r. 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
l WHEREAS, the Collier County Planning Commission, .being the
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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, Section 8.10 b. "Essential
.e
.
Services" in an RMF-6 zone for a Communication tower and a
1"_.
small equipment building 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 •
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Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING -
APPEALS of Collier County, Florida that the petition Joel
Hartstone and Barry Dickstein of H & D Communications, a Limited
Partnership, with respect to the property hereinafter described
,' as:
Northeast one-quarter of northwest one-quarter of the
northeast one-quarter of Section 17, Township 50 South, -
Range 26 East, as recorded in Official Record Book 1440,
Page 2107, of the Public Records of Collier County,
Florida. ® OWE G2
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.70,' . JULY 31, 1990
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be and the same is hereby approved for Provisional Use PU-90-10
of the RMF-6 zoning district for a communication tower and a
small equipment building, to the following conditions:
p .
-i Exhibit "B" which is attached hereto and incorporated
u', by reference herein.
ie,"` BE IT FURTHER RESOLVED that this Resolution be recorded in
the minutes of this Board.
Commissioner Shanahan offered the
foregoing Resolution and moved for its adoption, seconded by
Commissioner Goodnight and upon roll call, the vote
t ,- was:
ef
AYES: Commissioner Shanahan, Commissioner Goodnight, Commissioner Volpe,
;' Commissioner Hasse
NAYS:
ABSENT AND NOT VOTING: Commissioner Saunders
ABSTENTION:
' !`' - Done this 31st day of July , 1990.
: w� ;
BOARD OF ZONING APPEALS
=:u :. COLLIER , FLOR DA
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BY:
T4,1',•,' . . MAX A. MASSE, , CHA
`' '' �ATTEST' • Q
att :.. . ;.r= -- -=;u::G= o • said ■e-,u t1c•:t and xi
"JAMES C. .GILES,C,CLERK
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APP•OVED:"AS TO`FORM AND LEGAL SUFFICIENCY:
MARJOO IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
PU-90-10 RESOLUTION
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E� JULY 31, 1990
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FINDING OF FACT
n BY
:'^ — -.- COLLIER-COUNTY-PLANNING-COMMISSION
FOR
° A PROVISIONAL USE PETITION .
FOR
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The following facts are found:
1. Section A_ In h_ 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. h 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 $ 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 use within district
Yes No
Based on the above findings, this provisional use should,
with stipulations, (copy attached) (should not) be
recommended for approval _b.
DATE: • 10 140 CHAIRMAN: 11- IC --
4+;'
IX
' FINDING OF FACT CHAIRMAN
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P;= EXHIBIT "A" '
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JULY. 31,, 19$0
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AGREEMENT
I, Mary Tydings, authorized agent for Petition PU-90-10,
agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on June 21,
1990.
r Planning
a. The Petitioner shall submit and receive site development
plan approval prior to construction of the communication
tower.
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_ b. FAA and FCC approval of this communication tower shall be
verified in written form prior to final site development
plan approval.
- c. Final site development plans shall provide adequate access
and turnaround in the tower compound for fire fighting
equipment.
Project Review
d. Detailed paving, grading, site drainage and utility plans
shall be submitted to Project Review Services for review.
No construction permits shall be issued unless and until
approval of the proposed construction in accordance with
the submitted plans is granted by Project Review Service.
e. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of
the Collier County Subdivision Regulations.
f. Work within Collier County right-of way shall meet the
requirements of Collier County Right-of-Way Ordinance
82-91.
g. Provide a detailed water management plan and supporting
calculations signed and sealed by a professional engineer.
h. The Petitioner shall designate all existing native
vegetation outside of the approved construction envelope
as a natural vegetation buffer on all future site plans
submitted to the County for approval.
Exhibit "B"
a ® 0 PALE 65
Y• ft .
JULY 31, 1990
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i. The Petitioner shall remove all exotic vegetation as
defined by Ordinance 82-37, and by approved County
methodology, prior to issuance of certificates of
occupancy for the communication tower. No protected trees
as defined by Ordinance 75-21 may be removed to facilitate
. exotic removal.
I
- , ' (-AA
PETITION 4 OR AG All/4
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• REPRESENTATIVE FOR CCPC
``- SWORN TO AND SUBSCRIBED BEFORE ME THIS .
8th DAY
OF August , 1990. y.';�,0.� fir''•
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l',: MY COMMISSION EXPIRES: 1�M D.�• ....� 4"0v° '
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