Resolution 2001-261
17E ~"li
RESOLUTION 01- 261
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CONDITIONAL USE FOR A COMMUNICATIONS
TOWER IN THE "C-I" ZONING DISTRICT PURSUANT TO
SECTION 2.6.35.6.3. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 28, TOWNSHIP 49 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. 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 a conditional use in a "C-l"
Zone for a communications tower 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 Voice stream Wireless, Inc. representing Golden Gate Fire
and Rescue District 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 a conditional use in the "C-I" Zoning District for a
communications tower in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
Exhibit "0" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
-1-
This Resolution adopted after motion, second and majority vote.
Done this ~. ~.2~1~ day of ~ ,2001.
Attest ~,s to Chairman's
signature ~l~y,
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Forth and
Legal Sufficiency:
'l~larj"~t][l~I. St~del~t- -
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLO~DA
BY: ~
JAMES~D. CARTER, Ph.D., CHAIRMAN
g:/admin/CU-2001 -AR-478
2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-478
17E
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: ×J
Yes V/ 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 L/ No
C o
Affects neighboring properties in relation to noise,
glar~ economic or odor effects:
b/ 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 b/XNo
Based on the above findings, this conditional use should, with
stipulations, (copy attached) ~t) for
approval
DAT :
be re/commended
EXHIBIT '~i,/~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-478
The following facts are found:
1. 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 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 & egress
Yes ~' No
Affects neighboring properties in relation to noise,
gla~e, 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 with
re for
stipulations, (copy attached) (should not) be
approval
f/FINDING OF FACT MEMBER/
1..7E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-478
The following facts are found:
1. 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:
ao
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 ~ No
Co
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 Z- No
Based on the above findings, this conditional use should, with
stipulations, (copy attached)
approval
(~ be recommended for
~-~ ............. ~ '~ .. '! -' 'x
MEMBER: /,. ~: .' !~,...j
f/FINDING OF FACT MEMBER/
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-478
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 Plan:
Yes / No
m 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 c~nnot 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 use shout, with
stipulations, (g~py attached) (~.~~) be recom_m~d~d for
approval
DATE: /~
/
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-478
i7E
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:
ao
C o
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 & egress
Yes X No
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 use s~ould~with
stipulationsJ, (copy attached) (should no~) be rec~mmer~I'~d for
approval
DATE: ~--17-~01 MEMBER: ~
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-478
The following facts are found:
1. 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 P~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 & e~ress
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 w~hin district
Yes %// No
Based on the above findings, this conditional use should, with
stipulations, (copy attached)
approval
DATE:
(should not) be recommended for
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-478
17E
The following facts are found:
1. 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 ~an:
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
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
Compatibility with adjacent properties and other
property in the district:
Compatible use/within district
Yes V No
Based on the above findings, ~r~-~m~ditional use should,
stipulations, (copy attached((should~not) be recommended
approval · ~ ~ . ~ ........ '( ..........
DAT .: ISt
with
for
f/FINDING OF FACT MEMBER/
A Poz~lon o£ BlOC~ 115 ~olden Gate, Untc¢ a¢coL'dtng ~o ~e Pla~
~ ~o~d~ ~ P~a~ ~k S aC Pa~ ~07 ~ouqh 116
O~~: Co~cl aC ~e ~lFse~on o~ ~0 cente=~ne
M. 38° S4e 39° w. a~ong ~e c~Cec~ne o~ CoFonado Par~'~a~ a
d~a~ o~ 6S.00 reeC ~o a ~n~ on ~e So~vesCt=~
~ M. SX* 05" 21" ~. ~long ~e ~Ad e~ension ot CAe
M~~ly RA~hc~-vay l~nn a dla~ce o~ 78.00 ~eeC
~ ~ ~ ~o~l~e=ly ~gh~-o~-vay l~i o~ Co=onado ~arkvay;
~ ~s~y a~ong ~0 ~o~eai~tr~. RA~hC-Q~-vay lane
MAd ~o P~ay a~ along ~e arc o~ a ci=~lar ~e concave
~~~ly ~v~g a ~adius o~ e~e.x? ~.,c a~ a central afl~le
or 8* 000 00g ZoF a diJ~flce ot 12S.41 ~el~ ~o a ~in~ of ru'.'erse
~ ota C~I~ ~e ~v~ a radi~ ot 25.00 teeC
~le 90e 00' 00m to~ a dioC~ct o~ 39,27 taec
EXHIBIT "B"
CU 2001-AR-478
EXHIBIT
1~5' T0 Ctt~mJ~ ~r (NI ~
(N') POLE FOUNDATION
DESIGNED BY OTHERS
~,L0.
17E
CU.2005-AR47g
C_,~ld~ G~te Fig ~- g~gu¢
project # 2001030024
DATE: 3/12/0t
/iRELESS
600 ANSIN BOULEVARD
HALLANDALE, FL 33009
OFFICE: (954) 457-5700
FAX: (954) 4,57- 5705
APPROVALS
VOICESTREAM
LANDLORD
LEASING
R.F.
ZONING
CONSTRUCTION
BSIE
PROJECT NO' 40700-9-2165
DRAWN BY: p. MB./N.A.B.
I CHECKED BY: M.H-S-i
PROFESSIONAL ENGINEER
~E: MARTIN H. SAHN
FEB 2 3
DATE:
STATE: FLORIDA
22787
02/28/01
LAWGIBBL
GROUP~
F AUTHORIZATION #: ' 7'428
CORONADO
FIRE STATION
NC1019A
4741 GOLDEN GATE PARWAY
NAPLES, FLORIDA 34116
SHEET TIT1.E
ZONING
EXHIBIT
CONDITIONS OF APPROVAL
CU-2001-AR-478
This approval is conditioned upon the following stipulations requested by the Collier County
Planning Commission in its public hearing on May 17, 2001.
Planning 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"