Resolution 2001-080
17B
RESOLUTION 01-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF AN ESSENTIAL SERVICES CONDITIONAL USE IN THE
"En ESTATES ZONING DISTRICT PURSUANT TO
SECTION 2.6.35.6.3. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 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. 91-102) 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 Collier County Planning Commission, being the duly appointed and
constituted plarming 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 an essential services conditional
use pursuant to Section 2.6.35.6.3. in an "En Estates Zone for a communications tower with a
maximum height of 198 feet on the property hereinafter described, and 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 Subsection 2.7.4.4 of the Land
Development Code 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 Herb Ressing of VoiceStream Wireless Corporation, with respect to the
property hereinafter described as:
West Yz of Tract 54, Golden Gate Estates Unit 23, as recorded in Plat Book 7, Pages 9
and 10 of the Public Records of Collier County, Florida.
be and the same is hereby approved for an essential services conditional use pursuant to Section
2.6.35.6.3. of the Land Development Code in an "En Estates Zoning District for a communications
tower with a maximum height of 198 feet in accordance with the Conceptual Master Plan
(Exhibit "B") and subject to the fonowing conditions:
-1-
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.
This Resolution adopted after motion, second and majority vote.
Done this I~'~- day of ~[P~_~i-lr ,2001.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Aft~p~rfved as to Form and
Marj°r~ M. Student
Assist~t County Attorney
g:/admin/CU-2000-17/ RESO LUT1ON/DM/cw
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-17
17B
The
1.
following facts are found:
Section 2.6.35.6.3. of the Land Development Code
authorized the conditional use.
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. Consistency with the Land Development Code and Growth
Management 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 ingres~ & 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
Compatibility with adjacent properties and other
property in the district:
Compatible use within/district
Yes ~/No
Based on the above findings,
stipulations,
approval
this conditional use should, with
(copy attached) (~) be recommended for
EXHIBIT ~/
17El '
FINDING OF FACT
BY
COLLIER cOUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-1~
The following facts are found:
1. Section 2.6.35.6.3 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. Consistency with the Land Development Code and
Growth Management 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 w~ No
C. Affects neighboring properties in relation to noise,
~ economic or odor effects:
g No affect or Affect mitigated by
Affect c~nnot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use w~thin district
Yes p/ No
Based on the above findings, t~ditional use should, with
stipulations,,} (copy attached~~e recommended for
approval
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER cOUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-17
The following facts are found:
1. Section 2.6.35.6.~ 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:
ko
Do
Based on the above findings,
stipulations, (copy attached)
approval
Consistency with the Land Development Code and
Growth Management ~n:
Yes No __
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
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
l/ No affect or Affect mitigated by
Affect canno~ be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use ~ithin district
Yes ~-~ No
this conditional use should, with
(should not) be recommended for
MEMBER
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-1~
1_7B
The following facts are found:
1. Section 2.6.35.6.3 of the Land Development Code
authorized th~ 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. Consistency with the Land Development Code and
Growth Manageme.~t~=~lan:
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:
ingre~.s--~.gress
Adequate Ye~? No
C. Affects neighboring properties in relation to noise,
glar~--e~Qnomic or odor effects:
~'~ No a~fect or __ Affect.mitigated by
~' /Affect cannot be mitlgatea
D. Compatibility with adjacent properties and other
property in ~rict:
CompatitFj~-~ewithin district
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval ~ ~ ~
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-17
1_7B
The following facts are found:
1.
Based on the
stipulations,
approval
DATE:~
Section __ 2.6.35.6.3 of the Land Development Code
authorized t~e conditional use.
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. Consistency with the Land Development Code and
Growth Management~:
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
Ye s ~ 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. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~/ No __
above findings, this conditional use should, with
(copy attached) (should not) be rec6mm~d~d for
MEMBER: ~~,-- ~--~/
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-17
17B
The
1.
following facts are found:
Section 2.6.35.6.~ of the Land Development Code
authorized the conditional use.
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. Consistency with the Land Development Code and
Growth Management Plan:
Yes t/ 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 & egr~s
Yes l/No __
C. Affects neighboring properties in relation to noise,
glare, ~conomic or odor effects:
|/~o affect or Affect mitigated by
~" Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~'~o
Based on the above findings, ~d. itional use should, with
stipulations, (copy attached)~_~ou~ ~ be recommended for
approval ~ /~
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-17
17B
The following
1.
o
facts are found:
Section 2.6.35.6.3 of the Land Development Code
authorized the conditional use.
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. Consistency with the Land Development Code and
Growth Management Plan:
Yes ~/ No __
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 & e~gress
Yes ~ No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect canno~ be mitigated
Based on the
stipulations,
approval
DATE: ~t I, 0/
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~/ No
above findings, this conditional us~with
(copy attached) ~%~1~t) be reco~"~-d[ed for
f/FINDING OF FACT MEMBER/
EXHIBIT "B"
CONDITIONS OF APPROVAL
CU-2000-17
17B
This approval is conditioned upon the following stipulations requested by the Collier County
Planning Commission in its public hearing on February 1, 2001.
_Plannin S~ices:
a. The Current Planning Manager, may approve minor changes in the location,
siting, 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
submittal, including Division 3.3, Site Development Plan Review and Approval, of
the Collier County Land Development Code, Ordinance (91-102), as amended.
EXHIBIT "C"