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Resolution 2004-380 170 RESOLUTION NO. 04 - 380 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A 518-FOOT REPLACEMENT GUYED TOWER AND ASSOCIATED FACILITIES IN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NO. 2004-41) FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 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) 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 the conditional use for a 518-foot replacement guyed tower and associated facilities provided for in Table 2 of Section 2.04.03 of the Collier County Land Development Code in the Agricultural (A) Zoning District, on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 10.08.00 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Deborah L. Martohue, Esq., of Hayes & Martohue, P.A. representing Pinnacle Towers, LLC with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for the conditional use for a 518-foot replacement guyed tower and associated facilities provided for in Table 2 of Section 2.04.03 of the Collier County '--'_._-"."._-_.,,"-,,,,~- ~ti 170 .. Land Development Code in the Agricultural (A) Zoning District, in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein" 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. Done this / ;.jff day of ~) ¡Jt! ê/ìrJ/Jr.? r ,2004. BOARD OF ZONING APPEALS COLLIER CO, ~Y' FLORIDA I I - BY: {~d~ DONNA FIALA, CHAIRMAN . l'Ifeì""'~;,"'" ATTEST ir'J,;'" :t.!,"t;;;? " ;~~.~ .';'.."..... ..·.4 (lA" f-, DWIGj;ÌT'~~'J:3,~OCJ<; Ç~RK " .... ;~~ ,'1<:' '\~~1 . ::~: ~';, ., '"-\ :::< ~', ; " r . ,J)C: .' ..... .' ~ . .,,¡ tY", ... ..,;1 ;.'''':'' . /Ç)"".tIj' . ..~'''' pprov~lo~emi ad'd , .. ~t";-\!,~ t Legal SuffidéIîë'Y~"~ U1L~Q/Lv_ròl~x;t Marjon M. Student Assistant County Attorney CU-2004-AR-6464/MB/sp Item # 11D ~~~;da II -14,91 Date 12. _If. ~({If Rec'd ~'t 2 17D ....... i. FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6464 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional 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. cons~ the Land Development Code and Growth Management Plan: ~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 @NO_ C. Mfects neighboring properties in relation to noise, glare, economic or odor effects: - No affect or I' Affect mitigated by JcJSlu(~ h~~ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district gNo_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval A PP~O\Jg; . . DATE: 1/ /'rl+ ( CHAIRMAN: ¡t"J) A I1~V I EXHIBIT A 17D Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for the Conditional Use provided for in Table 2 of Section 2"04.03 of the Collier County Land Development Code in the (A) Agricultural zoning district for a 518-foot replacement guyed tower and associated facilities, prior existing 524-foot guyed tower destroyed July 12, 2004, in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein" 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. Done this day of ,2004" BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marjorie M" Student Assistant County Attorney CU-2004-AR-6464/MB/sp 2 Legal Description of real property conveyed by Warranty Deed from Pa.1m.er Communications, Inc. to "Pinnacle Towers, Inc. ISLE OF CAPBI A tract of land in the Southwest 1/4 of Section 8, Township 51 South, Range 26 East, Collier County, Florida, being all of certain tracts described in Omcial Records Book 165, Pages 54 and 56 of the deed records of said Collier County, Florida. Said tract of land being more particularly described as follows: Commencing at the southwest corner of said Section 3, thence along the West line of said Section 8 North OOQOO'15" West, 920.69 f~t to a concrete monWIUmt found at the Northwest corner of a cèrtain tract of land describèd as !!General TV Tract" in said Official Records Book 165, Page 54; thence along the Northerly line of said "General TV Tract" and parallel with the South line of &aid Section 8, South 89°52'80'1 East, 799.84 feet to a concrete monument found for the POINT OF BEGINNING; thence along the Easterly line of the land described in said Dm.cial Records Book 165, Pages 54 and 56t South 00°00'1511 East, 604.76 feet to an iron pin set in the Northerly right- of-way line of Tower Road for the Southeast corner of tract herein described; thence along said Northerly right-of-way line, the following five (5) courses: (1) South 75D26'40" West, 21.01 feet to an iron pin set; (2) along a curve, concave to the Southeast whose elements are: central angle of 59°20'0911, radius of 105.00 feet, arc length of 108.74 fÐßt ånd a chord that bears South 45°44'36" Wes~ 103.94 feet to an iron pin Bet; (8) South 16°04'49" West, 183.84 feet to an iron pin set; (4) along a curve, concave to the Northwes~ whose elements are: central angle of 74°04'31", radius of 45,00 feet, arc: length of 58.18 feet and a chord that bears South 53°10'20'1 West, 54.21 feet to an iron pin eet; (5) North 89°48'1511 West, 341.90 feet to a concrete monument found at the Southwest corner of a certain Parcel IJAIt de~r1bed in said Official Records Book 166, Page 55; thence along the Westerly line of said Parcel"A", North ooD08'3211 West, 178.61 feet to an iron pin set at the Northwest corner of said Parcel"A II, being aIsom the Southerly Hne of said !!General TV Tract"; thence along said Southerly line North 89°47'21" West 268.79 feet to a concrete monument found at the Southwest corner of said "General TV Tra~', also being in the West line of said Section 3, being also the Southwest corner of said tr8C~ herein deserihed; thence along said Section line; beingaIso the Westerly line ofsaid tlGeneral TV Tract", North 00°00'15" Westl 712.23 feet to a concrete monument found at the Northwest corner of said "General TV Tract", being aJso the Northwest corner of the tract herein described; thence along the. Northerly line of said "General TV Tract!! and parallel with the South line of said Section 8, South 89°52'3011 East, 799.84 feet to the POINT OF BEGINNING. EXHIBIT "B" -- 17D I i =i:~J ! 11:1 , I~;: . ; ,Iii II ~~~" CI~ ~! ~II== a =1- ~Ií I Biz ~h, = II ~ ~ : I : i : i ~ ¡ ¡ ¡ '~, ~, ~~ :---.:::::, ¡;; 0 ~~ ~ ,',' ! J ~8 ~ .!,,~ j!; ~cn -";;ô ;;¡ ~:;¡ ~ .. J;B M I, î¡1 Ii!! ~~ ~!! I~ '... ~¡¡¡ J' ..... ¡ I I .......... ; .¡¡'II DIIII~ ilJ ø! i · ¡ ~ . ~ p ~ ~ ~ ~ I ;1;1~1;'lli!~11 I ~.ldllli~I!I;J ~!lllIal . 115 .: I-, !Ii I¡ ¡II ii!1 ! i Ii'! I I.· I III :. ;I~I, § 1= ~q.=:.a Ii.. · ~ .' . ~ U"",,"'L IEEEltØ'laol; 1301, "MIl!: lilt ZIOfIIUiI "LO N ClDœ"I'- w ÞI.... ~ U.- n2.òM' ! o .; D ,. C:IJIM:LJQ:E:.-I'DIIIII :I UJ'V4'.". I: ~.IÞI¡o-~.D. !I ~I I I ! I I ! ! ! ! ~ =: ¡jli i II ~ R ï II i ~. =1 i I B I I I a ~ ~ :!i¡ I ~ ! i ! i ! ~ =, E ~ I I ~. I _I, ~ '. ~ ~ " Ii ~ ' I .I. II 8 R Ii; I' ~ ~I å .1; ~ G> r!lli;~ lu :r-ë :::~ ~~" .I¡i,'jl .1 ~i o,...;;! .. I "'->1 ~ ~~;o I ~~ ~ ";I!ï-J ¡ih U !:!J I I~: · . - I EXHIBIT "c" 17D -.oM I ì~ ~In I ~ j ~ :'1' ¡¡ I; ill \ ,:,¡hlgB.1 ~ I:' 4'..;'/' ~ ~I Ii~¡¡ -".. d I. II I ~ "! i n II ige i II@ I -!Ii lih 1710'-,,,, ....-r II !I. .'r~. -- 1& §~I UI~ ,; u~ JI . . z . _~ "~q . I I: íl~~ II II ~ = ~ I 'I! I III Iii I" i - ! I " ~, -. ;; ~~~~~~I . ilil ~ ~ idii J ~ i i = ~ fi -....-.-.- .. I !UII ¡ i · i ;11 J 1 ~I i SUI I I I .~ -I i I !II i ~i I I I 71 i *- . NORm to I ~j l 1111 l~r;ifl8 r ¡IV I§ä ~I -ttO ¡; ..1 1::s I ¡:u . ..... 17D Conditions of Approval CU-2004-AR-6464 1. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of the submittal, including Section 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 2004-41). 2. Pursuant to Section 2.03.07 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. Pinnacle Towers Inc., or the current tower owner shall submit a monitoring report to the planning services department director every year on the anniversary date of Board of Zoning Appeals' approval of this petition. The report shall inventory the entities utilizing antennas located on the tower. 4. The term of this conditional use approval shall be for the length of time that the tower is utilized by a federal, state or local governmental user above the 250-foot height level. 5. As part of the health, safety and welfare functionality provided for by the replacement tower, Pinnacle Tower Inc., or the current tower owner shall provide back-up generator usage to Florida Gulf Coast University to facilitate the emergency broadcast services provided for by FGCU National Public Radio. 6. As part of approval of this conditional use, Pinnacle Towers shall submit an Site Development Plan amendment for the expansion of the existing compound to allow for the addition of back-up generators to all users of the telecommunications tower. 7. Pinnacle Towers Inc. shall phase the installation of the northern landscape type "B" buffer with the removal of exotics by Eagle Creek along the same northern property boundary. EXHIBIT "D" -----,.,-- ,~....