Resolution 2001-166
RESOLUTION NO. 01- 166
17F
.~ ~.,i
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CONDITIONAL USE FOR A COMMUNICATIONS
TOWER IN THE "E" ZONING DISTRICT PURSUANT TO
SECTION 2.6.35.6.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 31, TOWNSHIP 49 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislat~e 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 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 an essential services conditional
use pursuant to Section 2.6.35.6.3. in an "E" Estates Zoning District for a communications tower with
a maximum height of 265 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 Gerald L. Knight, Esq. of Holland & Knight, LLP, representing Lodestar
Tower,lnc., with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for an essential services conditional use pursuant to Section
2.6.35.6.3. in an "E" Estates Zoning District for a communications tower with a maximum height of
265 feet in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following
conditions:
-1-
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 majority vote.
Done this :~ day of ~ ,2001.
Attest as to Chairman's
, $!~!ture. ~ 1~..
ATTEST:: ~;,: "..
DWlGHT'E;;'BROCK, Clerk
Approved as to Form and
Legal Sufficiency:
Marj-~ri~M. Student, '
Assistant County Attoney
g:/admin/CU-2000-19/RESOLUTION/CB/cw
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-19
The following facts are found:
Section 2.6.35.6.3 of the Land Development Code authorized
the conditional use.
o
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:
Consistency with the Land Development Code and
Growth Management~Lan:
Yes No
B o
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 &~gress
Yes ~ No
Co
Affects neighboring properties in relation to noise,
glarq, economic or odor effects:
/
No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~/ No
Based on the above findings, this conditional u~u~~-~
s~ipulaticns, (copy~..--,~ (~h~,,]~ ....... ncr} be recommended for
approval ~PP~/~ ~~~~
.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-19
I?F
The following facts are found:
Section 2.6.35.6.3 of the Land Development Code authorized
the conditional use.
o
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:
ao
Consistency with the Land Development Code and
Growth Management P~N
Yes o
°
Co
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 &
Yes F/ No
Affects neighboring properties in relation to noise,
glare,_.D.conomic or odor effects:
~-'~No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use~i-thin district
Yes w' No
Based on the above findings,
stipulations, (copy attached)
approval
DATE:
this conditional use shou/~d, with
~L~_~hcu!i not) be recomm~hd~d for
/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-19
17F
The following facts are found:
Section 2.6.35.6.3 of the Land Development Code authorized
the conditional use.
o
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:
Consistency with the Land Development Code and
Growth Management Plan:
Yes %/ No
Bo
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 o
Affects neighboring properties in relation to noise,
gla~e, 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 V' No
Based on the above findings, this conditional us~should~with~-~-
stipulations, (copy attached) (should not) be rec~mm~Trd-~d for
approval
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-19
17F
The 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:
no
Consistency with the Land Development Code and
Growth Management P~.~:
Yes L~ No
o
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:
~-~No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~/No
Based on the above findings, th~itional use should, with
stipulations, (copy attached)~not), be recommended for
approval
DATE:
MEMBER:
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-19
i?F
The following facts are found:
Section 2.6.35.6.3 of the Land Development Code authorized
the conditional use.
o
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:
Ac
Consistency with the Land Development Code and
Growth Management Plan:
Yes No
B o
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
Co
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
Based on the above findings, this conditional us~~ld~,~with
stipulations, (copy attached) (should not) be reco~men~h~fe-d for
approval
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-19
The following facts are found:
Section 2.6.35.6.3 of the Land Development Code authorized
the conditional use.
o
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:
no
Consistency with the Land Development Code and
Growth Management Plan:~
Yes ~/ NO
B o
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 & egj~ess
Yes ~No
Affects neighboring properties in relation to noise,
glare/~conomic 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 v~l/ No
Based on the above findings, this conditional
stipulations, (copy attached)
approval
(should not) be recommend~-~o~
MEMBER: ~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-19
17F
The 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:
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~ No
Bo
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 o
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
P"~ 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, this conditional use should, with
stipulations, (copy attached) ~ be recommended for
approval ~/~' ,/-~,~;t/~
17F
ARTICLE II
LEGAL DE8CRIPTIOI~
All that lot, piece or parcel of land situate, lying end being in
Section 31, Township 49 South, Range 28 East, Collier County,
Florida, the same being o portion of the oreo commonly known as
Interstate Route 75 et Mile Mark 92.5 (Collier County) end being
more particularly described by metes and bounds os follows, viz.:
COMMENCE at the Southwest Corner of Section 31, Township 49 South,
Range 28 East, Collier County, Florida, having for its coordinates
a Northing of 661692.75 feet and an Easting of 474003.25 feet;
[hence S89'45'28"E for 1196.52 to the South One-quarter
corner of said Section 51; thence N89'42'O4"E for 2569.84 feet;
thence NOO'17'56"W for 57.59 feet to the POINT OF- BEGINNING
of the parcel of land hereinafter described, said Point of Beginning
also being the most Southeasterly Corner of the Subject Property,
having for its coordinates a Northing of 661758.69 feet and
on Easting of 477769.06 feet (The Preceding and following
coordinate values being based on the North American Datum (NAD)
1985/'1990 adjustment for the Staf. e Plane Coordinate System of the
Florida East. Zone.); thence S89'57'40"W along the Southerly Boundary
Line of the Subject Property for 45.00 feet to the most
Southwesterly Corner of the Subject Property, having for its
coordinates o Northing of 6617.58.66 feet and an Easting of
477724.06 feet; thence NOO'O2'20"W along the Westerly Boundary
Line of the Subject Property for 80.00 feet to the most
Northwesterly Corner of the Subject Property, having for its
coordinates o Northing of 661838.66 feet end an Easting of
477724.01 feet; thence N89'57'40"E along the Northerly Bounclary
Line of the Subject Pr:operty for 45.00 feet to the most
Northeasterly' Corner of the Subject Property, having for its
coordinates o Northing of 661858.69 feet end on Eosting of
477769.01 feet; thence S00'02'20~E along the Easterly Boundary
Line of the Subject Property for 80.00 feet to the POINT OF
BEGINNING.
Said Parcel contains 5,600 square feet or 0.08 acres, more or
less, by calculation.
EXHIBIT "B"
CU-2000-19
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EXHIBIT "C"
CU-2000-19
CONDITIONS OF APPROVAL
CU-2000-19
This approval is conditioned upon the following stipulations:
Plannin,q Services:
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 "D"