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Backup Documents 04/13/2010 Item # 7A7A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: CDES. /Zonine Person: Nancy Gundlach, AICP Dale: Petition No. (If none, give brief description): CU- 2008 -AR- 14085, Flo TV Inc/Renda koadeasting Petitioner: (Name & Address): Mr. Richard Yovanovich, Coleman, Yovanovich, & Koester, 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Flo TV, 5775 Morehouse Drive, San Diego, CA 92121, Renda Broadcasting Corp., 900 Parish Street, 4m Floor, Pittsburgh, PA 15220 -3425 Hearing before BCC BZA Other Requested Hearing date: April 13, 2010 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU- 2008 -AR -14085 Renda Broadcasting Corporation, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A., is requesting a Conditional Use for a communications tower andthe installation of related shelter and equipment in the Estates (E) Zoning District, as specified in Section 5,05.09 of the Collier County Land Development Code (LDC). The approximately 4.77 -acre subject property is located at 5860 Crews Road, in Section 8, Township 50 South, Range 26 East, in Collier County, Florida. Companion petition(s), it any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed b 3.11-0 DivisiotAdministrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B . Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: /(�� Date Received: L 1Q Date of Public hearing: 1 '3 0Date Advertised3 I LAJ 7A RESOLUTION NO. 10- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW TWO COMMUNICATIONS TOWERS WITHIN THE ESTATES ZONING DISTRICT PURSUANT TO SECTION 5.05.09 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 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 Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), 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 a Conditional Use of two communications towers within the Estates Zoning District pursuant to Section 5.05.09 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planing Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; 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. Mediaflo USA, Inc. CU- 2008 -AR -14085 Page 1 of 2 REV. 03/10/10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU- 2008 -AR -14085 filed by Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A., representing Renda Broadcasting Corporation, with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for two communications towers within the Estates Zoning District pursuant to Section 5.05.09 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit "C ". Exhibits "A ", "B" and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super- majority vote, this _ day of , 2010. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorneys 40 to Attachments: Exhibit "A" -Legal Description Exhibit "B" - Conceptual Site Plan Exhibit "C" - Conditions CP \08 -CPS- 00918\51 Mediaflo USA, Inc. CU- 2008 -AR -14085 Page 2 of 2 REV. 03/10/10 Exhibit A LEGAL DESCRIPI`ION Property located in Collier, FL The West one-half (W `6) of the Northwest one - quarter (NW %) of the Sautbeest otto-quater (3E %) of file Southeast one- riwder (SE 'A) of 9eclion 3, Township 50 South, RMW 26 Collier County Florida, also known as Tract No. 20, Enchanted Acres, leas the South 30'" for mad rightof -way purposes. AND BEING the wnte property conveyed to Rends Broadcasting CorPOnnionI a Pennsylvania corporation from Sterling Communication Corporation, a Florida corporation by W"otV Dead dared January 13, 1999 and recorded January 20, 1999 to Deed Book 2503, Page 1624: Tax Parcel No. 00405160003 RK6142536e I \ 1 1 I t I I I JI 1 (t la - I 117 - 1101 ` I' I jC@jl�� 1 I I I I gglYka 7A W Y a YY R 6 igY ! (js Ysia Yr !!i!s 4 Ye [! y!pEE 1101 ` I' I jC@jl�� 1 I I I I gglYka 7A W CONDITIONS OF APPROVAL CU- 2008 -AR -14085 January 12, 2010 ?A 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Overall Site Plan," prepared by Black and Veatch, and dated September 28, 2007, as revised through April 9, 2009. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. Development on the site shall be restricted to 3,359 square feet of impervious area. 3. Maximum height of the two towers on the site shall be limited to 455 feet, including antennae, lightening rods and other appurtenances. 4. Both towers on the site shall be equipped with either solid red beacon or dual mode lights unless a waiver of this requirement is granted by the Federal Aviation Administration (FAA). 5. All guy line anchors shall be fenced pursuant to LDC 5.05.09.G.12. 6. One tower on the site shall be owned by or leased to a goverrimental entity for government- related, essential service purposes. Should this entity remove its antenna(e) from the tower, the property owner shall immediately notify the County and replace the antemia(e) with another essential service user within six months. Exhibit C Teresa L. Polaski Fvmnn: RanoirozHooUhor[HoathorRamiroz@ooUiorgovnot] Sent: Thursday, March 11,2010121 PM To: Minutes and Records Subject CU'2008+AR'140054/13/2010BCC Attachments: CU'2008-AR'14V85 Legal 4d.pdtCU'2000-4R-14085R000|ution.pdf � �� . Here iu the final legal md for the April l3,20lABCC meeting. Please let zno know if you need anything t}oc. Heather L. Ramirez Technician CD6S 2800N. Horseshoe Drive Naples, yl34lA4 (I39)252'2930 ~ ynm�nvnou�^��,v5/�'mw^xxuwpo/`pcn�*x'a'�o,m,am�m'.".��.u*m"m*m�oioem�^'u�*a��no�n`x/�mv�a�o:oxew 1 7A Acct #068779 March 12, 2010 Attn: Legals Naples Daily News 1100 Immokalee Road Naples, Florida 34110 Re: CU- 2008 -AR- 14085, Flo TV Inc. Dear Legals: Please advertise the above referenced notice on Sunday, March 28, 2010 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 ,?A NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, April 13, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW TWO COMMUNICATION TOWERS WITHIN THE ESTATES ZONING DISTRICT PURSUANT TO SECTION 5.05.09 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU- 2008 -AR- 14085, Renda Broadcasting Corporation, represented by Richard Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A. is requesting a Conditional Use for a communications tower and the installation of related shelter and equipment in the Estates (E) Zoning District, as specified in Section 5.05.09 of the Collier County Land Development Code (LDC). The approximately 4.77 -acre subject property is located at 5860 Crews Road, in Section 8, Township 50 South, Range 26 East, in Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 74 If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) D March 12, 2010 Mr. Richard Yovanovich Coleman, Yovanovich & Koester 4001 Tamiami Trail North, Ste 300 Naples, FL 34103 Re: CU- 2008 -AR- 14085, FLO TV Inc. Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, April 13, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure March 12, 2010 Flo TV 5775 Morehouse Drive San Diego, CA 92121 Re: CU- 2008 -AR- 14085, FLO TV Inc. Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, April 13, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure 7A March 12, 2010 Renda Broadcasting Corp. 900 Parish Street 0 Floor Pittsburgh, PA 15220 -3425 Re: CU- 2008 -AR- 14085, FLO TV, Inc. Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, April 13, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure Teresa L. Polaski To: Naples Daily News Legals Subject: CU-2008-AR-14085 Attachments: CU- 2008- AR- 14085.doc; CU- 2008- AR- 14085.doc Lega Is, Please advertise the following ad on Sunday, March 28, 2010. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 239 - 252 -8448 fax ( Teresa .Polaski @co Ilierc lerk.com) 1 7� Teresa L. Polaski From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Friday, March 12, 2010 10:33 AM To: Teresa L. Polaski Subject: RE: CU- 2008 -AR -14085 ok From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Posted At: Friday, March 12, 2010 8:15 AM Posted To: Legals - NDN Conversation: CU- 2008 -AR -14085 Subject: CU- 2008 -AR -14085 Lega I s, Please advertise the following ad on Sunday, March 28, 2010. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax ( Teresa .Polaski @collierclerk.com) Please visit us on the web at www.collierclerk.com 7A This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(cbcollierclerk com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk. com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 7A Teresa L. Polaski From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Friday, March 12, 2010 1:06 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS4542.jpg ATTACHED please review your notice & confirm approval via email. Thank you for placing your ad. PUB. Date MARCH 28, 2010 Publication NDN Ad Number 1844529 Total Ad Cost $264.54 Emely Pagan 213 -6061 NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION 7 Notice is hereby given Chat the Board of County Commissiraner�,, as the Board of Zoning Appeals, of Collier County will hold a public heari ig on Tuesday, April 13, 2010, in the Boardroom, 3rd Floor, Administration Building�, Collier County Govern- ment Center, 3301 East Tamiam Trail, Naples, Florida. T11e meeting will begin at 9.00 A,P.J1. The title of the proposed resoluuon is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEAL OF COLLIER COUNTY. FLORI- DA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW TWO COMMUNICATION TOWERS WITHIN THE ESTATES ZONING DISTRICT PURSU ANT TO SECTION 5.05.09 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA The Board will consider Petition: CU 2408 -AR- 14085, Renda Broadcasting Corpora - lion, represented by Richard Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A. is requesting a Conditional Use for a Communications tower and the installation rf related shelter and equipment in the Estates (E) Zoning District, as sf)ecifiPd in Section 5.45.09 of the Collier County Land Development Code (LDC), The approximately 4.77 -acre subject property is located at 5860 Crews Road, in SeC- tion 8, Township 50 South, Range 26 East, in Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prier to presentation of the agenda item to be addressed. Individual speakers will he limited to 5 minutes on any item The selection of an in- dividual to speak on llehalf of an organization or group is encouraged. if recog- nized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or, *graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered ray the Board shall be submitted to the ,appropriate County staff a ininlrnurn of seven days prior to the public hearing, All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Beard will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evi- dence upon which the appeal is based. If you area person with a disability who needs any accornrnoo ation in order to par - ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contr-iet the Collier County Facilities Management Depart ment, located at 3301 Tamiatni Trall East. Building W, Naples Florida 34112, {239 }252.8380 Assisted listening devices for the hearing irnpalrer are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING Ai REAL$ COLUER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) March 28, 2010 Nol844529 CSI 2aog ��Li�osS " 7A Airy pemn who deddeF to appeal a decision of the Board will need a rewrd of the ptocaWim�s ps!rtalnleegp Hereto antl therefore, maY seed to ansee that a verbadim record of .the pro[wdirgs is made, whirls recmA includes the testimony and "I- W, dance upon which the appeal Is based. a r. W-u 2 a drBifly DiaY1 isry luBmmodiNOn Ih mdir to par- WslphaiFD� Iy yop am fn aF�no to yeµ fo Fhl prANFpiMWF of bwW TaB+NB%�TI u N e 31111 the COLIMY CO Assisted Ilstenbp device the hear ng Imp red are avalWNe in the Coumy Commhsfonen' Office. ' BOARD OF COUNTY COFAMU$StONER$ BOARD OF ZONING AFFFEE;AltkSS COWER COUNTY; FLORIDA x NAPLESBONITA DAILY NEWS Published Daily Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on March 28, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples- in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida. distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples. in said Collier County, Florida, for a period of 1 year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the propose of securing this advertisement for pu atio yq;hensaid ne ppper. ( Signature of affiant) Sworn to and subscribed before me This 31st day of March, 2010 f. (Signature of notary public) g's KAROL E KANGAS Notary Public - Stale of Florida My Comm. Expires Jul 29. 2013 Commission # 00 912237 7A d4dsion of the BOOM will need a record of the thenil re• mey need 10 emon that a verbatim which racard inckidee tde Testimony, and eW- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman 's sionam, dray a Ii a lh.,..,..t, I ;— v, -_.._� .,. ____,..... ... . _ Route to Addressee(s) ana Office rorwara to Sue Filson Initials line 45). Date List in routing order appropriate. Original document has been signed /initialed for legal sufficiency. (All documents to be Initial Applicable) 1. Judy Puig Community Development and Agenda Item Number 7 A Approved by the BCC Environmental Services to 2. Resolution Q a G i O' S u Number of Original 1 3. contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached 4. Chairman and Clerk to the Board and possibly State Officials.)v 5. ,Sae Fi}sen, Executive Manager 114N Mr /GF(Ee.` Board of County Commissioners �t IV e A- 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nancy Gundlach Phone Number 239 - 252 -2484 Contact appropriate. Original document has been signed /initialed for legal sufficiency. (All documents to be Initial Applicable) Agenda Date Item was April 13, 2010 Agenda Item Number 7 A Approved by the BCC by the Office of the County Attomey. This includes signature pages from ordinances, Type of Document Resolution Q a G i O' S u Number of Original 1 Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRI1CT1nNC R, C14r -WI rew I: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. appropriate. Original document has been signed /initialed for legal sufficiency. (All documents to be Initial Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attomey. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC ` Chairman and Clerk to the Board and possibly State Officials.)v 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board �t IV e A- 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. e ` 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be '^ ware ur deadlines! yo V' 6. The document was approved by the BCC on 1 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Counq Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 �A MEMORANDUM Date: April 15, 2010 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2010 -80: CU- 2008 -AR -14085 Enclosed please find one copy of the document referenced above, Agenda Item #7A, adopted by the Board of County Commissioners on Tuesday, April 13, 2010. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure 7A RESOLUTION NO. 10- 80 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW TWO COMMUNICATIONS TOWERS WITHIN THE ESTATES ZONING DISTRICT PURSUANT TO SECTION 5.05.09 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 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 Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), 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 a Conditional Use of two communications towers within the Estates Zoning District pursuant to Section 5.05.09 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; 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. Mediaflo USA, Inc. CU- 2008 -AR -14085 Page I of 2 REV. 03/10/10 7q NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNfY, FLORIDA that: Petition Number CU- 2008 -AR -14085 filed by Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A., representing Renda Broadcasting Corporation, with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for two communications towers within the Estates Zoning District pursuant to Section 5.05.09 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit "C ". Exhibits "A ", "B" and "C" are attached hereto and incorporated herein by reference. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super - majority vote, this 16 day of 1 2010. ATTEST: DWIGHT E. BROCK, CLERK B C A s%`a{ ttS el)k Approved as w i6i and legal sufficiency: L (�— Steven T. Williams Assistant County Attorneys 10JO Attachments: Exhibit "A" -Legal Description Exhibit `B" - Conceptual Site Plan Exhibit "C" - Conditions CP \08- CPS - 00918 \51 Mediaflo USA, Inc. CU- 2008 -AR -14085 REV. 03/10/10 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: l `� W, FRED W. COYLE, Chairn{an Item # JLL- Date L{ 113 0 Date_ R Page 2 of 2 Exhibit A LEGAL DESCtiTF'1`1ON Property located in Collier, FL The West one -half (W 'h) of the Northwest one- quarter (NW %) of the Southeast one - quarter (SE '/4) of the Southeast one- quarter (SE '/4) of Section 8, Township 50 South, Range 26 Bast, Collier County Florida, also known as Tract No. 20, Enchanted Acres, leas the South 30 fear for road tight -of -way purposes. AND BEING the same property conveyed to Benda Broadcasting Corporation, .a Pennsylvania corporation from Sterling Communication Corporation, a Florida corporation by Warranty Deed, dated January 13, 1999 and recorded January 20, 1999 in Decd Book 2503, Page 1624: Tax Parcel No. 00405160008 aid:6342536:I E{{ �E( Y g5 � F —— — — — -- P k fi !S § � a I � Y ay f 6 g 7 {{Y 7 -- s lit b� 7� 0.l p W 'fill u gg�d 1gg pE �C �h o moo 38 -. ldej& A i igg gg qyq 6 A 6 4 gsgN ? �y Q4, E{{ �E( Y g5 � F —— — — — -- P k fi !S § � a I � Y ay f 6 g 7 {{Y 7 -- s lit b� 7� 0.l p W CONDITIONS OF APPROVAL CU- 2008 -AR -14085 January 12, 2010 TA 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Overall Site Plan," prepared by Black and Veatch, and dated September 28, 2007, as revised through April 9, 2009. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. Development on the site shall be restricted to 3,359 square feet of impervious area. 3. Maximum height of the two towers on the site shall be limited to 455 feet, including antennae, lightening rods and other appurtenances. 4. Both towers on the site shall be equipped with either solid red beacon or dual mode lights unless a waiver of this requirement is granted by the Federal Aviation Administration (FAA). 5. All guy line anchors shall be fenced pursuant to LDC 5.05.09.G.12. 6. One tower on the site shall be owned by or leased to a governmental entity for government- related, essential service purposes. Should this entity remove its antenna(e) from the tower, the property owner shall immediately notify the County and replace the antenna(e) with another essential service user within six months. Exhibit C