Resolution 2001-412
17D
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RESOLUTION NO. 01- 41?
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CONDITIONAL USE FOR A COMMUNICATIONS
TOWER IN THE "CON/ACSC/ST" ZONING DISTRICT
PURSUANT TO SECTION 2.6.35.7 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE
34 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 an essential services conditional
use pursuant to Section 2,6.35.7. in a "CON/ACSC/ST", Conservation Zoning District with Area of
Critical State Concern and Special Treatment Overlay for a communications tower with a maximum
height of240 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 Lodestar Tower, Inc., 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
2.6.35.7 in a "CON/ACSC/ST", Conservation Zoning District with Area of Critical State Concern and
Special Treatment Overlay for a communications tower with a maximum height of 240 feet in
accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions:
-1-
17D
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 ~ ~/,.d} day of D0_...T"49.'~ ~- ~ ,2001.
:~.W.I~T ;E:-B~O~ Clerk
Opro'ged,~ 'tO Fo~ and
Legal Sufficiency:
M oh J Studefit,
Assist~t County Attoney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLOz~ID?
BY' .... /5' ~-- -- ,--r_.- --
'JAMES;{5.'~ CARTER, Ph.D., CHAIRMAN
CU-200 I-AR- 1105/CB/lo
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1105
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 % // 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
Ye s No
Based on the above findings, this conditional use~ with
stipulations, (copy attached) (should not) be recommended~or
approval ~ ~[~q~ ~~~,
DAT .: ,
EXHIBIT "A"
170
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1105
The following facts are found:
1. Section ~.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 ingres~ & egress
Yes ~No
C. Affects neighboring properties in relation to noise,
gl~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 %/ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval ~~~
EXHIBIT "A"
170
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1105
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 .q_ 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 Y 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 ~
Based on the above findings, th~_C~q~ditional use should, with
stipulations, (copy attached) ~houl~not) be recommended for
approval ~~
DATE: %o,~! O~ CHAIRMAN:~~
EXH~IT "A"
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1105
The following facts are found:
2.6.35.6.3. of the Land Development Code
1. Section _
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 ingre~ & egress
Yes ~ No
C. Affect~ 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 wit~ district
Yes ~ No
Based on the above findings, this conditional use should, with
stipulations, ~~attached) (should not) be recommended for
DATE: /0//{~/
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1105
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: J No
Yes
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
C. Affects neighboring properties in relation to noise,
glare, economic or odor/effects:
No affect or a/Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use withi~istrict
Yes P' No _
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
DATE: /O J ~ o[
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1105
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 t~e~ 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 ingres~& egress
Yes ~' No
Affects/~eighboring properties in relation to noise,
glare4/, economic or odor effects:
~ No affect or Affect mitigated by
Affect ca---~-~ be mitigated
Compatibility with adjacent properties and other
property in the district: -
Compatible use within/~trict
Yes &w- No
Based on the above findings,
stipulations, (copy attached)
approval
DATE: /~a//°!
thi~: _~_ ,itional use should, with
~ ~s~) be ~r?~mmended for
EXHIBIT "A"
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1105
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 V 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 V No
C. Affects neighboring properties in relation to noise,
glad, 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 u~e shoul~ with
stipulations, (copy attached) (should not) be reComme~~d for
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1105
The following facts are found:
1. Section _2.6.35.6.3. of the Land Development Code
authorized'~he 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 'w/ 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
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
/' No affect or Affect mitigated by
-- Affect canno~ 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 should, with
stipulations, (copy attached) (should not) be recommended for
approval
-____
EXHIBh A
Collier County
For Lodestar Site 11006
1-75 MM 51.2
Alligator Alley
SURVEYOR'S REPORT
SPECIFIC PURPOSE SURVEY ,'
FOR
LODESTAR TOWERS, INC.
OF THE
TOWER 81TE AT INTERSTATE ROUTE 7S REST MILE MARK
ISITE 1-78 MM
COLLIER COUNTY, FLORIDA
All that lot. piece or parcel of lancl situate, yng oncl being ;n
Section 1. Township 50 SOuth. Range 34 East, Collier County,
Floriclo, the some being a port;on of the oreo commonly known os
Interstate Route 75 at Mile Mark 51.2 (Colllm' County) and being
more particularly clescribed by metes and bounds as follows, viz.:
BEG~N at the mast Southeasterly Corner of the Subject Property,
hey;rig for its COOeClinotes O Nortl~ing of 668271.98 feet and on
Easting of 695883.01 feet (The Pteceding easel follow;n9 coordlnote
values being based on the North American Datum (NAD) 1985/1990
adjustment for the State Plane Coordinate System of the Flor;do
East Zone.); thence S88'46'40"W along the Southerly Boundary
Line of the Subject Property for 110.00 feet to the most
Southwesterly Corner of the Subject Property. having for its
coordinates o Northing of 668269.64 feet and on Eostin~j of
69.3788.04 feet; thence N01'lS'20'W alan9 the WesteHy Boundary
Line of the Subject Property for ,34.0D feet to the most
Northwesterly Corner of the Subject Prooerty, hovin9 foe' its
coordinates a Northincj of 668.305.65 feet and an Eost;ng of
69:5787.51 feet; thence N88'46'40'£ alan9 the Northerly Boundary
Line of the Subject Prol~erty for 110.00 feet to the most
NortheosteHy Corner of the Subject Property, having.for its
coordinates a North;rig of 668,306.00 feet and on £eeting of
69~3897.29 feet; thence S01'13'20'E along the Easterly Boundary
Line of the Subject Property for 54.02 feet to the POINT OF
BEGINNING.
Soliel Parcel contains 5,740 square feet or 0. O9 aore~ more or
leis, by calculation.
EXHIBIT "B"
CU-2001-AR-1105
Scott Gustafson
Speetrasite Communications
218 US Highway 1 Suite 300
Tequesta, FL 33469
(561) 748-9300 Ext. 29
$11V.L3Q 311S
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CONDITIONS OF APPROVAL
CU-2001 -AR-I 105
This approval is conditioned upon the following stipulations:
The Current Planning Manager may approve minor changes in the
location, siting, or height of buildings, structures, and improvements
authorized by the 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).
An Special Treatment (ST) Permit shall be approved prior to the final SDP
approval.
EXHIBIT "D"