HEX Final Decision 2018-30 HEX NO. 2018 -30
HEARING EXAMINER DECISION
PETITION NO. VA-PL20160002426 — Florida Power & Light requests a variance from
LDC Section 5.05.09.G.2.a to reduce the separation distances from Planned Unit
Development (PUD) zoning for a wireless communications tower including the east setback
from 250 feet to 154 feet, the south setback from 250 feet to 245 feet, and the north setback
from 250 feet to 105 feet, and a variance from LDC Section 4.02.01.A, Table 2.1 to reduce
the eastern side yard setback for the eastern-most cell tower equipment compound area
from 30 feet to 4 feet, to allow for replacement of a utility pole and collocation of wireless
communications facilities on property zoned Agricultural and located at 4995 Davis
Boulevard in Section 6, Township 50 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: December 13, 2018
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in
Section 9.04.03 of the Land Development Code has been met and the petition should be
approved.
ANALYSIS:
Florida Power and Light (FP&L) requests a new wireless communication tower with a seventy-
eight-foot shielded mast and two shielded antennas for a total height of one-hundred feet above
grade and associated electrical ground equipment cabinets. The equipment cabinets will be
enclosed with an eight-foot chain link fence and shielded from public view with a five-foot
landscape buffer. This site is an existing electrical essential services site with underlying
agricultural zoning.
The staff review provided support for four variances. Three of those involve reduction of
separation distances from residential uses. The applicant provided a diagrammatic site plan
showing the tower is separated from all residential properties at distances greater than the height
of the tower.
The abutting property to the east of this site is an FP&L easement approximately one-hundred
ten feet in width. The fourth variance is requested along this abutting easement for the
equipment cabinet location to reduce the required side yard of thirty feet to four feet. The buffer
surrounding this cabinet enclosure would extend onto the adjoining FP&L easement by
approximately two feet.
[17-CPS-01679/1452063/1]1 I 1 Page 1 of 3
One member of the public attended and requested clarification on the location of the facilities,
once the location was clarified for the speaker, no objection was noted.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20160002426 filed by Florida
Power & Light Company, for a variance from LDC Section 5.05.09.G.2.a of the Land
Development Code to reduce separation distances from Planned Unit Development (PUD)
zoning for a wireless communications tower including the east setback from 250 feet to 154 feet,
the south setback from 250 feet to 245 feet, and the north setback from 250 feet to 105 feet, and a
variance from LDC Section 4.02.01.A, Table 2.1 to reduce the eastern side yard setback for the
eastern-most cell tower equipment compound area from 30 feet to 4 feet, to allow for
replacement of a utility pole and collocation of wireless communications facilities on property
zoned Agricultural and located at 4995 Davis Boulevard, Naples, Florida, as shown in the
attached as Exhibit"A" and Exhibit"B", and as subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Setback Plan
Exhibit B—Compound Plan
LEGAL DESCRIPTION: The North 350 feet of the South 800 feet of the East 310 feet of the
West '/2, and the South 450 feet of the East 50 feet of the West Y2, less the South 75 feet for
Right-of-Way, all in Section 6, Township 50 South, Range 26 East, 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.
[17-CPS-01679/1452063/11111 Page 2 of 3
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.
a -- 24-- 2018OCLA—L 12/146\ )
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
L dl A Civ
He di Ashton-Cicko
Managing Assistant County Attorney
[17-CPS-01679/1452063/1]111 Page 3 of 3
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