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Agenda 12/14/2021 Item #17F (Resolution - Sungate Center CPUD-Monopine Communication Tower)
17.F 12/14/2021 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, for a variance from sections 5.05.09.G.7.b and 5.05.09.G.7.c of the Land Development Code to reduce the minimum separation distance of a 147-foot tall monopine communication tower from 73.5 feet to 41 feet for the eastern Sungate Center CPUD property, and from 367.5 feet to 131 feet for the western residential property, located at 4111 Green Boulevard, also described as the east 180 feet of Tract 125, Golden Gate Estates, Unit No. 26 subdivision, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. (VA-PL20200000721) [Coordinator: Ray Bellows, Zoning Manager] (This is a companion to CU-PL20190002859) OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is 2.73+ acres currently developed with a Fraternal Order of Eagles meeting facility authorized by Provisional Use approval through Resolution 90-481, extended by Resolution 92-050. The property is located at 4111 Green Boulevard, on the north side of the street, approximately 680 feet west of the Collier Boulevard (CR 951) and Green Boulevard intersection, also described as the east 180 feet of Tract 125 of Golden Gate Estates, Unit No. 26 Subdivision. The zoning designation of the parcel is Estates (E), with the Future Land Use designation of Urban Estates. The proposed tower location and access is upon disturbed or developed areas of the site. The tower is designed to collapse within a radius equal to 40 feet. Given the shape of the parcel, the position of the tower does not meet all separation requirements applicable to towers per Land Development Code (LDC) Section 5.05.09.G.7. This variance request is for relief from required separation distances to allow the tower closer to the eastern and the western property lines than the LDC requires. FISCAL IMPACT: The Variance by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the variance is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit certificate of occupancy or completion include site development and permit review and inspection fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the CCPC to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is designated Estates in the Urban Packet Pg. 2958 17.F 12/14/2021 Golden Gate Estates Sub -Element, as depicted on the Future Land Use Map for the Golden Gate Area Master Plan of the Growth Management Plan (GMP). The Urban Golden Gate Estates Sub Element states in section 3. Conditional Uses Subdistrict, e. Special Exceptions to Conditional Use Locational Criteria: 5. Conditional Use for a cellular tower is allowed in the Estates Zoning District only on parcels no smaller than 2.25 acres and adjacent to a roadway classified within the Transportation Element as a Collector or Arterial. The subject property meets the acreage criterion and is located on Green Boulevard, a major collector as shown on Transportation Element Map TR 3.4 in the Growth Management Plan. According to the information provided by the applicant the proposed Communication Tower facility will generate a de minimis number of maintenance related trips monthly based on similar facilities in Florida. Normally this can be +/-16 trips per month depending on the on -going needs. Therefore, the conditional use is found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 0.94 acres of native vegetation onsite. A minimum of 0.09 acres (10%) of preserve is required; the preserve shall be placed under preservation and dedicated to Collier County. Based on the review above, this request can be found consistent with the Growth Management Plan. The GMP is the prevailing document to support land use decisions, such as this proposed conditional use. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any conditional use petition. This petition may be deemed consistent with the GMP if the companion GMPA amendment is adopted and becomes effective. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard Petition VA-PL20200000721 on November 4, 2021 and voted 5-0 to forward this petition to the BZA with a recommendation of approval with the companion Conditional Use, subject to a condition of ensured maintenance. The property owner along the western boundary of the site expressed concerns and objection at the time of the Neighborhood Information Meeting held on February 24, 2021, however no members of the public spoke on this item at the CCPC hearing. LEGAL CONSIDERATIONS: Petitioner is requesting a variance from sections 5.05.09.G.7.b and 5.05.09.G.7.c of the Land Development Code (LDC) to allow for construction of a new communication tower with reduced separation distance from the adjoining commercial development on the east and residential property on the west. The granting of such a variance is permitted under LDC Section 9.04.02. The attached staff report and recommendations of the CCPC are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed variance is consistent with all the criteria set forth below, and you may question the Petitioner or staff to satisfy yourself that the necessary criteria have been satisfied. LDC Section 10.09.00.F. requires that "Upon consideration of the Planning Commission's report, findings and recommendations, and upon consideration of the standards and guidelines set forth [below], the Board of Zoning Appeals shall approve, by resolution, or deny a petition for a variance." Should you consider denying the Variance to assure that your decision is not later found to be arbitrary, discriminatory, or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Packet Pg. 2959 12/14/2021 17.F In granting any variance, the Board of Zoning Appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with the zoning code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of the zoning code. 2. A reasonable time limit within which the action for which the Variance required shall be begun or completed or both. Criteria for Variances 1. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. 2. There are special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the Variance request. 3. A literal interpretation of the provisions of the LDC work an unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. The Variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. 5. Granting the Variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Granting, the Variance will be in harmony with the intent and purpose of the LDC and not be injurious to the neighborhood or otherwise detrimental to the public welfare. 7. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. 8. Granting the Variance will be consistent with the GMP. Approval or denial of the petition is by Resolution. This item has been approved as to form and legality, and requires a majority vote for BZA approval. -DDP RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approves Petition VA- PL20200000721. Prepared by: Ray Bellows, Zoning Manager ATTACHMENT(S) 1. Resolution - 110521(6) (PDF) 2. 10-19-2021- 4111 Green Blvd -Tower -VA - DDP (PDF) 3. Attachment B -Map of Survey-08-25-2021-fullsize (PDF) 4. Attachment C - RF Package 6NC1081G-081121-V1.4 (PDF) 5. Attachment D - Variance CCPC Backup Material 6. Attachment E - NIM Documentation (PDF) 7. legal ad - agenda IDs 20602 & 20608 (PDF) Packet Pg. 2960 17.F 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.F Doe ID: 20608 Item Summary: Zoning Petition - VA-PL20200000721-4111 Green Blvd Tower Variance, This item requires that ex parte disclosure be provided by BZA members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, for a variance from sections 5.05.09.G.7.b and 5.05.09.G.7.c of the Land Development Code to reduce the minimum separation distance of a 147-foot tall monopine communication tower from 73.5 feet to 41 feet for the eastern Sungate Center CPUD property, and from 367.5 feet to 131 feet for the western residential property, located at 4111 Green Boulevard, also described as the east 180 feet of Tract 125, Golden Gate Estates, Unit No. 26 subdivision, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. (VA-PL20200000721) [Coordinator: Ray Bellows, Zoning Manager] (This is a companion to CU-PL20190002859) Meeting Date: 12/14/2021 Prepared by: Title: — Zoning Name: Laura DeJohn 11/09/2021 5:25 PM Submitted by: Title: — Zoning Name: Mike Bosi 11/09/2021 5:25 PM Approved By: Review: Zoning Zoning Growth Management Department Growth Management Department County Attorney's Office Growth Management Department Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Mike Bosi Zoning Director Review Ray Bellows Additional Reviewer Lissett DeLaRosa Growth Management Department Jeanne Marcella Transportation Derek D. Perry Level 2 Attorney Review James C French Growth Management Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 11/10/2021 1:26 PM Completed 11/10/2021 5:44 PM Completed 11/12/2021 12:47 PM Skipped 11/10/2021 11:07 AM Completed 11/15/2021 9:14 AM Completed 11/17/2021 3:02 PM Completed 11/17/2021 3:53 PM Completed 11/18/2021 9:52 AM Completed 11/19/2021 3:02 PM Completed 12/06/2021 3:14 PM 12/14/2021 9:00 AM Packet Pg. 2961 17.F.1 RESOLUTION 21 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, FOR A VARIANCE FROM SECTIONS 5.05.09.G.7.b AND 5.05.09.G.7.c OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SEPARATION DISTANCE OF A 147-FOOT TALL MONOPINE COMMUNICATION TOWER FROM 73.5 FEET TO 41 FEET FOR THE EASTERN SUNGATE CENTER CPUD PROPERTY, AND FROM 367.5 FEET TO 131 FEET FOR THE WESTERN RESIDENTIAL PROPERTY, LOCATED AT 4111 GREEN BOULEVARD, ALSO DESCRIBED AS THE EAST 180 FEET OF TRACT 125, GOLDEN GATE ESTATES, UNIT NO.26 SUBDIVISION, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20200000721] WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from sections 5.05.09.G.7.b and 5.05.09.G.7.c of the Land Development Code to reduce the minimum separation distance of a 147-foot tall monopine communication tower from the required one -half -times height of the tower of 73.5 feet to 41 feet for the eastern Sungate Center CPUD property, and from the required two -and -a -half -times height of the tower of 367.5 feet to 131 feet for the western residential property, as shown on the attached Exhibit "A", in the Estates (E) Zoning District for the property described on the attached Exhibit `B", and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. [20-CPS-01990/1670269/1] 11/5/2021 4111 Green Blvd Communication Tower Page 1 of 2 VA-PL20200000721 Packet Pg. 2962 17.F.1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number VA-PL20200000721, filed by Mattaniah S. Jahn, Esq. on behalf of SBA Towers IX, LLC, with respect to the property described on the attached Exhibit "B", be and the same hereby is approved for a variance from sections 5.05.09.G.7.b and 5.05.09.G.7.c of the Land Development Code to reduce the minimum separation distance of a 147-foot tall monopine communication tower from the required one -half -times height of the tower of 73.5 feet to 41 feet for the eastern Sungate Center CPUD property, and from the required two -and -a -half -times height of the tower of 367.5 feet to 131 feet for the western residential property, as shown on the attached Exhibit "A", in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and majority vote of the Board of Zoning Appeals of Collier County, Florida, this 14th day of December, 2021. ATTEST: BOARD OF ZONING APPEALS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legality: Derek D. Perry \ Assistant County Attorney Attachments: Exhibit "A" — Conceptual Site Plan Exhibit "B" — Legal Description [20-CPS-01990/ 1670269/ 11 11 /5/2021 4111 Green Blvd Communication Tower Page 2 of 2 VA-PL20200000721 Penny Taylor, Chairman Packet Pg. 2963 EXHIBIT " (8. � 2 \ =_ § /Q§ j u a ,H M. g§§§�}§ § :\® . �§ z*:2�©® |��`2;§§ w ® <, �z| Lu )§!!®® p< §� z m * ( Lu . \• — § § ¥ ; [ ms, a: °2 =CIA�,my=---------- \��� �< _\ i � /tom 23 « Page | of ! F—packet m.a! 17.F.1 EXHIBIT "B" Legal Description The East 180 Feet of Tract 125, Golden Gate Estates, Unit No. 26, According to the Plat Thereof Recorded in Plat Book 7, Pages 15 and 16, of the Public Records of Collier County Florida. Property Appraiser Parcel No. 37931280001 [20-CPS-01989/1670704/11 Page 1 of 1 Packet Pg. 2965 17. F.2 a Co iI C,014 .ty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: NOVEMBER 4, 2021 SUBJECT: PL20200000721; 4111 GREEN BOULEVARD COMMUNICATION TOWER (VA) VARIANCE (COMPANION TO CONDITIONAL USE PETITION CU-PL20190002859) PROPERTY OWNER/AGENT: Owner: Fraternal Order of Eagles #4028 Agent: Mattaniah S. Jahn, Esq. 4111 Green Blvd. Mattaniah S. Jahn, P.A. Naples, FL 34116 935 Main Street, Suite D1 Safety Harbor, FL 34695 Applicant: SBA Towers IX, LLC 8051 Congress Ave Boca Raton, FL 33487 REQUESTED ACTION: Request for variances from Section 5.05.09.G.7.b and Section 5.05.09.G.7.c of the Land Development Code for a 147-foot tall monopine communication tower with decreased minimum separation distance from one-half the height of the tower, or 73.5 feet, to allow 41 feet from the property boundary of the Sungate Center CPUD on the east, and decreased minimum separation distance from 2.5 times the height of the tower, or 367.5 feet, to allow 131 feet from the residential property to the west. This is a companion to conditional use petition PL20190002859. Per Policy 1.1.6 of the Urban Estates Sub Element of the Golden Gate Area Master Plan adopted in the Growth Management Plan, the companion conditional use requires a super majority vote (minimum of 4 votes) by the Board of Zoning Appeals for approval. VA-PL20200000721 4111 GREEN BOULEVARD COMMUNICATION TOWER October 19, 2021 Page 1 of 10 Packet Pg. 2966 17. F.2 GEOGRAPHIC LOCATION: The subject parcel is located at 4111 Green Boulevard, on the north side of the street, approximately 680 feet west of the CR951/Green Boulevard intersection, also described as the east 180 feet of Tract 125 of Golden Gate Estates, Unit No. 26 Subdivision, in Section 15, Township 49, Range 26 East, Collier County, Florida. (See location map below.) Lar F 7 r n � w P� t7 ;;iJ D- lHe D [] LL J Q 05 v 0- N S-lcf6 � C51 LL s F LL, m w� a� � � a L1 t W .L` IN It 0 Q r�7 G 0) O N Q. C� C 0 4-0 M U O J CD 00 N O 0 VJ V N J 0- L E Z5 Z r— O VA-PL20200000721 4111 GREEN BOULEVARD COMMUNICATION TOWER Page 2 of 10 October 19, 2021 Packet Pg. 2967 17. F.2 PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes construction of a 147-foot' monopine tower with associated walled compound measuring 50 feet by 50 feet at the tower base to accommodate equipment for T- Mobile and future users. A monopine tower is a tower designed to look like a pine tree to help ameliorate the visual impact of the proposed tower; see the applicant's elevation graphic on the following page. The tower is designed to accommodate a total of four (4) colocations. The parent parcel is a +2.73 acre site per Property Appraiser records. The applicant submitted a survey indicating the parcel is 2.41 acres. The site is developed with a meeting facility for the Fraternal Order of Eagles #4028, including a 4,358-square foot building and parking lot oriented toward Green Boulevard. The zoning designation of parcel is Estates, with the Future Land Use designation of Urban Estates. The proposed tower location and access is upon disturbed or developed areas of the site. The tower is designed to collapse within a radius equal to 40 feet. Land Development Code Section 5.05.09.G.7 establishes the development standards for new communications towers. The table below summarizes the requirements of LDC Sections 5.05.09.G.7.b and c. for separations between a new tower that exceeds a height of 75 feet (excluding antennas) and boundaries of surrounding properties as described below. Variance Separation from: Required Minimum Separation Proposed (difference per 5.05.09.G.7.b and c Separation in feet North 147' x 0.5 = 73.5 feet (FPL Substation PUD) 1/2 the height of the tower and its Nonresidential occupancy antennas, or the certified collapse 346 feet n/a area, whichever is greater East 147' x 0.5 = 73.5 feet (Sungate Center CPUD) 1/2 the height of the tower and its Nonresidential occupancy antennas, or the certified collapse 41 feet (32.5 feet) area, which ever is greater West 147' x 2.5 = 367.5 feet (Estates) 2.5 times the height of the tower Residential occupancy and antennas, or the certified 131 feet (236.5 feet) collapse area, whichever is greater South 147' x 2.5 = 367.5 feet (RMF-12) 2.5 times the height of the tower Residential occupancy and antennas, or the certified 376 feet2 n/a collapse area, whichever is greater The LDC separation requirement is measured from the tower to the boundary of the surrounding property. The applicant additionally provided measurements to illustrate that the ' The applicant's original application for conditional use and variance was for a 150-foot tall tower, and the applicant adjusted the requested tower height to 147 feet. Adjustments to siting also eliminated one of the original variance requests for relief from the separation requirement to the north. 2 The applicant submitted "Setback Plan" Sheet Z-1 indicating a setback of 258 feet from the south parcel line of the parent parcel. The actual separation from the property that is zoned residential across Green Boulevard to the south is 376 feet per the applicant's Map of Boundary and Topographic Survey (see Attachment B). VA-PL20200000721 4111 GREEN BOULEVARD COMMUNICATION TOWER Page 3 of 10 October 19, 2021 Packet Pg. 2968 17. F.2 tower is proposed to be 242 feet from the home to the west, and 497 feet from the home that is diagonally across 151h Avenue SW. TREE BRANCH CmOPY WIDTH AT TOP TO BE 314' wIDE. PROPOSED $' HIGH AKMEMRALLY FlNISHED NK"RY KALL, 0 H■a TOP OF LIGHTNING ROD Q 152" AGL 7DP OF 7111" a 147' AGL T=M CIMLE ANTENNAS O +41 AQL (AAD CENTER) FUTURL ANTENNAS oL A 135- A.GL (RAD CENTER) _ (� FUTURE AMTRNMAS $ 1V AOL (MAI) QLHTER) _ FUTURE ANTENNAS $ 1 fi' �hGL (12AR UFl1'TE1?i TREE BRANCH CMOPY WIDTH AT RASE TO BE ±29' WIDE. PROPOSED SBA 146r MONOPINE WIM BROWM TRUNK AND GREEN LEAVES TOWER ELEVATION Sheet Z-3 from Applicant's Zoning Drawings Submittal VA-PL20200000721 4111 GREEN BOULEVARD COMMUNICATION TOWER October 19, 2021 Page 4 of 10 Packet Pg. 2969 17. F.2 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties > surrounding the boundaries of the subject property, which is zoned Estates with Provisional Use 3 (now known as Conditional Use) approval for a fraternal organization clubhouse by Resolution 10 90-481 which was extended by Resolution 92-050: m North: 151h Avenue SW and FPL Substation zoned PUD as East: Office and commercial uses zoned Sungate Center CPUD r South: Green Boulevard and The Oaks Apartments zoned RMF-12, Multifamily West: Single family home fronting 15th Avenue SW with garage structure fronting Green Boulevard, zoned E, Estates GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Estates in the Urban Golden Gate Estates Sub -Element, as depicted on the Future Land Use Map for the Golden Gate VA-PL20200000721 4111 GREEN BOULEVARD COMMUNICATION TOWER Page 5 of 10 October 19, 2021 Packet Pg. 2970 17. F.2 Area Master Plan of the Growth Management Plan (GMP). The Urban Golden Gate Estates Sub Element states in section 3. Conditional Uses Subdistrict, e. Special Exceptions to Conditional Use Locational Criteria: 5. Conditional Use for a cellular tower is allowed in the Estates Zoning District only on parcels no smaller than 2.25 acres and adjacent to a roadway classified within the Transportation Element as a Collector or Arterial. The subject property meets the acreage criterion and is located on Green Boulevard, a major collector as shown on Transportation Element Map TR 3.4 in the Growth Management Plan. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Conservation & Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 0.94 acres of native vegetation onsite. A minimum of 0.09 acres (10%) of preserve is required; the preserve shall be placed under preservation and dedicated to Collier County. Based on the review above, this request can be found consistent with the Growth Management Plan. Federal Law It should be noted that Section 704 of the Telecommunications Act, prohibits environmental concerns (or health concerns) as a reason for denial of cell towers by a local jurisdiction. If the County recommends denial of the petition, it should not be based on health affect, but rather one of the eight below areas of analysis for variances. STAFF ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. The criteria are listed below with the applicant's response in italics followed by the Zoning Division's responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size, and characteristics of the land, structure or building involved? Applicant's Response: The Monopine is restricted to the requested height in order for it to be able to solve the significant gap in T-Mobile's coverage in the area. SBA is unable to locate the Monopine on a parcel that provides the LDC required setbacks in this instance due to the combination of the prevailing platting and development patterns, lack of available non-residential properties in the area, and the geographic restrictions arising from the manner in which cellular signal propagates. Together, these factors, which are peculiar to the location of the land and the characteristics of the Monopine make the variances VA-PL20200000721 4111 GREEN BOULEVARD COMMUNICATION TOWER October 19, 2021 Page 6 of 10 Packet Pg. 2971 17. F.2 necessary in this instance. Please see Sheets Z-1, Z-3, the enclosed Site Acquisition Statement, and the enclosed RF Package. a Staff Response: As noted, the services demanded by the populated area of the Estates 3 combined with the lot widths and depths unique to Estates properties yield difficulty in siting 10 telecommunication towers to serve these areas of the County. The nature of the site as an 'a Estates zoned parcel developed with a nonresidential use by Provisional Use approval along m a major collector and near an arterial roadway, adjacent to a CPUD and across 15th Ave SW from an FPL substation render this site in a special circumstance in that it has two nonresidential adjacencies and in close proximity to a major intersection, in comparison to r the majority of lots in the Estates designated area that are characterized by continuous patterns of residential occupancy. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? Applicant's Response: SBA made extensive efforts during the site acquisition process to avoid an application that would necessitate the variance requests. However, the prevailing platting and development patterns, lack of available non-residential properties in the area, and RF geographic restrictions, create special conditions and circumstances that necessitate the variance requests in this instance. Please see Sheets Z-1, Z-3, the enclosed Site Acquisition Statement, and the enclosed RF Package. Staff Response: The applicant is initiating the request for the tower at the proposed height, position, and separation from surrounding properties. The height and corresponding separations are due to the applicant's intent to provide telecommunication services in this location. The nature of Estates designated properties generally sized and oriented as they are is a condition relative to the property that is not a result of the action of the applicant. c. Will a literal interpretation of the provisions of this zoning code work an unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Applicant's Response: SBA respectfully submits that, given the totality of factors limiting tower placement in T-Mobile's search ring, the literal interpretation of the LDC would create an undue hardship as it would prevent T-Mobile from solving the significant gap in its coverage. Staff Response: The literal interpretation of the code would require the tower to be roughly 50 feet tall to meet corresponding separations of 125 feet from the westerly residential property and 25 feet from the easterly CPUD property. The applicant indicates the network service demand requirements render a 50-foot tall tower impractical. VA-PL20200000721 4111 GREEN BOULEVARD COMMUNICATION TOWER October 19, 2021 Page 7 of 10 Packet Pg. 2972 17. F.2 d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of a health, safety, and welfare? > L Applicant's Response: As discussed above, the Monopine will be the minimum height 0 necessary to achieve T-Mobile's RF objectives. As the required tower setbacks under the 'a LDC are driven by the height of the facility, SBA is requesting the minimum relief necessary m for the project. Please see Sheet Z-1. as L Staff Response: The determination of the minimum variance needed to make possible the r reasonable proposed use is put forth by the applicant through their submittal material. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Applicant's Response: Granting the Variances will not confer a special privilege on SBA. Rather, it will allow the provision of reliable wireless coverage deep into residentially developed areas of the Estates from a transitional use parcel, located at the periphery of that are, near a major collector. Please see Sheet Z-1, the enclosed RF package, and GGAMP Study Area Map. Staff Response: The granting of a variance to a property owner by its nature is a granting of a privilege that is not afforded to other parcels of land within the same zoning district, but within the context of the requested variance related to the telecommunication tower separation requirements, the variance would be needed by any parcel of land that maintains the 150-foot minimum lot width required by the Estates zoning district. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Applicant's Response: ...The Monopine's location, siting, and design create a facility that will be in harmony with the intent and purpose of the LDC while requesting the minimum relief necessary to obtain T-Mobile's RF objective. Further, the Monopine will not be injurious to the neighborhood and public welfare through the provision or reliable wireless coverage in the area. In County Fiscal Year 17118, 80% of all 911 calls received by the Collier County Sheriff's Office were made via wireless phones, this shows that reliable wireless coverage is no longer a luxury, it is a necessity. Please see the enclosed RF Package and 911 Call Statistics. Staff Response: The granting of the variance will be within the purpose of the LDC in promoting increased coverage for up to four telecommunication networks and to promote E- 911 service for the immediate area. The fall zone is indicated to be 40 feet within the confines of the subject property, and the monopine design will lessen the visual impact of the proposed tower within the neighborhood. VA-PL20200000721 4111 GREEN BOULEVARD COMMUNICATION TOWER Page 8 of 10 October 19, 2021 Packet Pg. 2973 17. F.2 g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Applicant's Response: ...Native existing vegetation both on and off the parent parcel help ameliorate the goals and objectives of the LDC. Further, the Monopine is designed to play off of these physical conditions to both minimize the relief requested and maximize the effectiveness of its camouflage. Please see the enclosed RFpackage, Sheets Z-1 and Z-3, and the enclosed Photo Simulations. Staff Response: The area does have physical characteristics in the general vicinity that help ameliorate goals of protecting views to some degree, because existence of the natural vegetation and pine trees in the vicinity in conjunction with the proposed monopine design contribute to ameliorating the visual impacts of the tower. h. Will granting the Variance be consistent with the GMP? Applicant's Response: As discussed above, the Monopine will be consistent with the GMP and GGAMP. Staff Response: The GMP is silent to the issuance of a variance application and therefore the granting of the variance will not be inconsistent with the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC): This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the petition. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was held on February 24, 2021 at Springhill Suites by Marriott, 3798 White Lake Blvd., Naples, FL 34117. The agent for the conditional use and variance applications described the location of the tower, the monopine stealth design, the walled compound with landscaping and the primary entrance off Green Boulevard. The NIM was attended by two individuals, a mother and a daughter who live on 15t' Avenue SW adjacent to the subject property. The primary objection to the tower was based upon the health effects from having their house in close proximity to a tower. No additional commitments were made by the applicant. A NIM summary transcript is included in Attachment D. VA-PL20200000721 4111 GREEN BOULEVARD COMMUNICATION TOWER Page 9 of 10 October 19, 2021 Packet Pg. 2974 17. F.2 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed this staff report on October 19,2021. SUMMARY FINDINGS: Requirements for co -location searches and separations from surrounding properties (with great separations for residential properties) that are applicable in the Estates designated areas are intended to govern the locating of towers in locations where they are necessary and appropriately situated relative to neighbors. The nature of the site as an Estates zoned parcel that is developed with a nonresidential use by Provisional Use approval along a major collector and near an arterial roadway, adjacent to a CPUD and across 15th Ave SW from an FPL substation, render this site in a special circumstance in that it has two nonresidential adjacencies and is in close proximity to a major intersection, in comparison to the majority of lots in the Estates designated area that are characterized by continuous patterns of residential occupancy. Based upon this recognition, there are several mitigating factors that could justify a recommendation of approval by Staff. 1. The tower is of stealth, monopine design to mitigate the visual impact to the surrounding area. 2. The variance sought is the minimum required to develop a tower, which is designed to accommodate three additional antennas, as well as T-Mobile's antennas. 3. The northern portion of the parent parcel remains heavily vegetated and will provide additional buffering to the base of the tower in addition to the masonry wall and LDC- compliant perimeter landscaping. 4. The immediate area will be provided improved E-911 capability. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of Petition VA-20200000721, 4111 Green Boulevard Tower Variance, to the Board of Zoning Appeals (BZA). Attachments: A. Draft Resolution B. Map of Boundary and Topographic Survey C. Radio Frequency (RF) Engineering Report by T-Mobile Engineering & Operations D. Applicant's Backup Material E. Neighborhood Information Meeting documentation VA-PL20200000721 4111 GREEN BOULEVARD COMMUNICATION TOWER October 19, 2021 Page 10 of 10 Packet Pg. 2975 G6G6 W E (VA I eltl b �O�w—b—w—w—w— .. ., a. ... -. __ ? 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F.4 6NC1081G SBA— Naples-6 Wireless Telecommunication Facility Radio Frequency (RF) Engineering Report Last Updated 108/11/21 IRevision Number I V1.4 Packet Pg. 2978 RF Engineering Review 17.F� Table of Contents Q 3 SearchRing Area.................................................................................................................................................................................... t° . 3 Current Cell Site Coverage and Predicted Improvements..................................................................................................................... m c .4 a� m ,L^ V Certification Statement of Non-interference........................................................................................................................................ .5 r Appendix A: Radio Frequency Engineering Review of Alternate Candidate Locations......................................................................... N .7 r- 0 0 0 0 0 N O N J a- C O r d a a� c O N CO 0 to 0 N Page 2 8/11 /2021 Packet Pg. 2979 RF Engineering Review Search Ring Area sNcloz2c z O - Existing T-Mobile Site Monopole 0- Proposed Facility 0- search ring radius ♦ - FCC registered structure 0 - existing tower >= vd w BNC1029A m SP.I7 S"PPcr, 1_ �a ,e 8NC1052A�x Monopole Zed? mr 0.ee� aiva Naples 6 (6NC1061G) 3 5 �i a F 3. a Gold s 6NC1102M 1' Flag Pole 6NC1019A G1FIag Po[e � -"'-- 26*10.5 76"N, 81'41'39 7 26'1030.53"N, 81'43'4.54 e , Fi ure 1: Search Area As part of T-Mobile's commitment tc improve service in the south Florida market a `m number of "search rings" have been issued to c address coverage deficiencies in the cellular network. Each search ring is in an area where m service levels are inadequate to provide the necessary cell phone coverage or capacity. L Within the search ring existing towers or structures of sufficient height are sought with r the goal of deploying radio transceivers and r antennas to improve the local area service levels. O c Due to the dramatic increase in cell N phone traffic and the popularity of wireless N data applications over the last few years, a- significant demands have been placed on lL network coverage and capacity. One such arei r in need of improved services is in the area of 0) Golden Gate from approximately Vanderbilt c Beach Rd in the north to Green Blvd in the c 0 south and from Logan Blvd in the west to 25th St in the east. Coverage levels are too low to support the capacity and coverage needs for this part of th, N network. Users placing calls indoors and especially during network busy hours may experience dropped calls, ineffective network attempts and slow dz c application speeds. In the worst -case a user may not be able to place a E911 call. There were no towers or structures of suffcient height within the T-M c search area that could accommodate the addition of new facility that would provide an adequate coverage improvement. The surrounding facilities hi undergone extensive upgrades over the last decade with no appreciable improvement in service levels in the area of concern. Shown above in Figure 1 is the T-Mobile search ring and the proposed location surrounded by existing T-Mobile cellular facilities ("cell sites"). N that there are two other existing structures in the Golden Gates area. (yellow circles indicated on map, 26°10'30.53"N, 81°43'4.54"W and 26°10'53.76" r 81°41'39.78"W.) Both of these locations are outside of the T-Mobile search area indicated by the blue polygon in figure one. Locations outside of the s1 c ) area would not provide the coverage improvements and capacity relief in order to meet service goals. oo O r U Table 1: Existing T-Mobile Locations Z W • JW 6NC1019A W CORONADO FIRE STATION Flag Pole I NE CORNER OF CORONADA PARKWAY & GOLDEN GATE PK Naples Antenna Elevation 127 Structure 130 Distance 1.54 6NC1022C PALM RIVER ACME Monopole 6231 ARBOR BLVD Naples 143 150 4.1 6NC1029A 1- GOLDEN GATE FIRE STATION Self Support Tower 100 SW 13 ST. NW Naples 135 165 4.05 6NC1052A Nextel Golden Gate North Monopole 1010 WHIPPORWILL LANE Naples 120 170 3.37 6NC1076A CINGULAR951YUREWITCH Monopole 14785 Collier Blvd Naples 110 150 3.97 6NC1102M SFL900 - 3 310 - Sprint Flagpole Flag Pole 11935 Collier Blvd Naples 1 126 1 150 1 0.85 Page 3 8/11 /2021 N ca Y U M d ILL V C d L t, t9 r a E a Packet Pg. 2980 RF Engineering Review 17FA Current Cell Site Coverage and Predicted Improvements Good (reliable indoor service) Average (reliable outdoor service) below average (poor service) Users may experience call quality issues depending on the A user would encounter call quality issues especially indoors Signal power levels able to support a wide range of wireless signal power levels at their specific location. These issues or during network busy hours due to low signal power services both indoors and outdoors. These services include could include dropped calls, ineffective attempts (blocked levels. These issues could include dropped calls, ineffective voice calls and high-speed data. calls) or slow data speeds. Service in outdoor locations attempts (blocked calls) and slow data speeds. Service may would be markedly better than indoors in many instances. only be available in outdoor locations. In the worst case a user may not be able to place an emergency (E911) call. Existing Coverage goad 0 - Existing T-Mobile Site average - Proposed Facility poor 0 - existing tower ,a P Pine Ridge Rd ,a m a Ob U v a Green Blvd - a z Naples 6 (BNC1081G) N 0. � n o a m q'01 a e ova('de 26'10 3.76"N, 81'41'39.7 26'10'30.53"N, 81'43'4.54 0 05 J Miles Fi ure 2 Page 4 As part of T-Mobile's design and development process a number of engineering studies are completed to ensure a best -fit approach for cell site additions in the network. Propagation or prediction plots are one of the most important of these and are used extensively to determine if a new proposal is adequate. In Figure 2 the cell site propagation is shown as shades of color which represent signal power levels that a user would experience at a particular location. The propagation model is based on a predictive computer simulator application that is derived from proprietary methodologies. Green areas indicate signal power levels able to support a wide range of wireless services both indoors and outdoors. These services include voice calls and high- speed data. The yellow color indicates areas where a user may experience call quality issues due to inconsistent signal power levels. This may depend on their specific location. For instance, a person may be able to use the cell phone on one side of their house near a window but unable to connect in another part of the house. The red areas represent where a user would encounter call quality issues due to low or unusable signal power levels. This would be especially true indoors or during network busy hours. These issues could include dropped calls, ineffective attempts and slow data speeds. In the worst case a user may not be able to place an emergency (E911) call. 8/11 /2021 i Packet Pg. 2981 RF Engineering Review 17FA Predicted Coverage with New Facility O Existing T-Mobile Site =r It - Proposed Facility average - , {_ O poor ;, P,• —r - existing tower 'fir• — Ine Ridge - {, dr 1. ' • ,fix j Green Blvd• Naples 6 i6NC9081G) ems. { i a v a a e • y: L • � N 6 26"10 5376"N, 81"41'39.7 26'10'30.53"N, 81°43'4.54 ___(D 0 05 -� i- miles Fi ure 3 Page 5 The propagation map shown in Figure 3 depicts the predicted signal power levels for the proposed tower when added to the existing Q network. As can be seen almost all the residential > areas have a minimum of average service levels. 3 This is especially important for users who are O transitioning from one geographic area to another '0 due to a more consistent coverage overlay. Users > m indoors will also benefit tremendously due to the r_ closer proximity to the antenna locations. Areas L where below average signal power levels still exist can sometimes be alleviated through network optimization methods after the new site comes on It line. (These processes are iterative and require a N more medium to long term engineering approach) c In summary, T-Mobile has recognized the c demand for advanced telecommunication services N in these communities. The existing T-Mobile c N facilities cannot provide these services through a upgrade or expansion, due to the distances from the existing tower facilities and cell phone users in o this area. Further, no towers or structures of sufficient height were identified in the search ring a that could provide the necessary improvements to the network coverage. These propagation maps graphically O N demonstrate T-Mobile's business needs based 00 upon existing and predicted customer demands. T- o Mobile's goal is to provide reliable wireless service v in the areas shown as defined by proprietary QOS v (Quality of Service) design parameters. j 8/11 /2021 Packet Pg. 2982 RF Engineering Review 17.F� Certification Statement of Non-interference This letter provides information about the proposed T-Mobile transceiving equipment on the proposed facility in Naples, FL and its potential interference with communication facilities located nearby; as well as the FCC rules governing the human exposure to radio frequency energy (OET 65 guidelines). T-Mobile shall comply with all FCC rules regarding interference to other radio services and T-Mobile shall comply with all FCC rules regardi human exposure to radio frequency energy. The proposed tower facilities, and reception and transmission functions will not interfere with the visual a customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by surrounding properties. T-Mobile radio signals are transmitted on exclusively assigned channels within the E, F and C bands in the PCS spectrum and the D, E, F1 and I the AWS spectrum and A Band in 700MHz. In the future AWS-3 Block H and B, C and D blocks in 600 MHz will be active. The Federal Communication Commission (FCC) has allocated these frequencies exclusively for use by cellular service providers. Each cellular service provider is assigned specific frequencies (channels) on which to transmit and receive radio signals. Cellular transmitters must be type -accepted by the FCC to ensure compliance with technical standards that limit the frequencies, output pow radio frequency emissions, spurious radio noise and other technical parameters. Cellular licensees like T-Mobile owns are required to use type-accepte equipment. The assignment of frequencies and FCC rules keep cellular radio signals from interfering with or being interfered with by other radio transmissions and provide guidelines outlining the limits for permissible human RF exposure. In the event of a complaint of interference or other conc about cellular antenna facilities, the FCC has a resolution process to determine the source of interference and whether a facility is in compliance with F rules. In the event of interference or other known issues with the transmission facility contact with the T-Mobile Network Operations Center (NOC) established 24 hours a day, 7 days a week 365/366 days per year at the following numbers: (877) 611-5868 (DAY), (877) 611-5868 (NIGHT) Name Patrick Keane (OAL Signature Title T-Mobile Sr Engineer, Radio Frequency Page 6 8/11 /2021 Packet Pg. 2983 RF Engineering Review 17.F� Appendix A: Radio Frequency Engineering Review of Alternate Candidate Locations The proposed new tower was funded to improve the signal coverage levels and also to provide an offload of the existing towers' cellular "traffic load". The two facilities within the community provide coverage for all of Golden Gate. (A site or facility is the location of T-Mobile equipment including a base - station and antennas, usually on a tower or rooftop) The north facing antenna arrays (or sectors) for each of these sites are currently carrying more cellular traffic (or usage) than the network can support. Devices connected to that facility would experience performance degradation that may include inability to access services, interference, slow speeds and dropped connections. New call attempts may not be connected. During the development process additional candidate properties were analyzed for feasibility. Based on T-Mobile's service goals neither of these locations would fit the network requirements network. They are too far north to offer significant cellular traffic offload or coverage in areas of most need. Local Area with Alternate Candidates 13015 Caeiar BI W Naples FL 31118 Id eltd 31 CallierB NePleq Ft 39116 zM S = ere 16 C 0 9F1'% Figure A A map displaying the proposed tower and the two alternate location are shown in figure A. Population and call traffic geo-locates are superimposed on this map in Figure B. (geo-locate in this sense meaning cellular connections that have been mapped) In the three subsequent maps (figures C/D/E), a 4 sq mile grid boundary has been overlaid on the tower and the Colllier Blvd addresses 13131 and 13415 respectively. This boundary represents where a tower would serve or have influence on the cellular device users in that area. The impact on network service by the proposed tower is significantly greater than either of the two alternate locations. The percentage difference in both population covered and the amount of call traffic that might be carried are listed in Table A. 45 Mi Grid Pra usedT— q.a )q15 Cal BMd Nepbs, FL 33119.. �. 1113? Collier B1, d. Mau Ys. FL 34116 8NC10Bl B 959• 4: 1 ENclloanl Do Y- PNC101 _ . v Fi ure C 4 Sq M9 Grid 13131 Coklier Blvd)- {! ' 13dl5 Calier6vtl. NnPbs, FL 3�,<., Q 13131—W, BIW Nnpks, n-N116 eunase W. �z T 4 4a4QQ i Q � tiNG10 9P ail - * ri; f. Ft Ptlr�, Page 7 - V`alPopul.tim, and Call Counts Q t k+' ``o 13035 Calller Blvd. Naples, FL119..: ` 00 W L C9 CM :'. O y�,�y 6Nc11 ozmeFr ,[� N 0 N SNciol9n 0 Table A Totals within 4Sq Mile buf Population Population Difference Call Diffe (30 c Naples-6 11345 209% 47 13131 Collier 3666 Naples-6 11345 364% 63 13415 Collier 2447 4 Sq Mi Grid 13415 Collier Blvd M: - ah 13g15 Lere•Blvd Nepba, FE Y•119 •. - 1a131 eallereNe. Nealee. F>_a+115 4 n ! F3• Y ® a Qi}�0 Gam. �yJB 9 GqAl— ud' 05 ® Fi ure E 8/11 /2021 m a a� Fic N e ao — 0 W 0 N �J N r 00 O 00 O U Z M Y V M IL u_ c.i d t V Q M Q Packet Pg. 2984 RF Engineering Review 17.F� Potential Candidate Collier County Park: Max A. Hasse Community Park Another potential tower location has been identified and rejected as a workable candidate. Although a facility in Max A. Hasse Community Park would improve the local area service it is too far north of the primary objective. In a way similar to the two candidate properties presented in the previous section, a facility here would not offer significant cellular traffic offload or coverage in areas of most need. In summary, there are areas defined with both inadequate cellular signal levels and more importantly with high cellular call and data traffic. The Naples 6 (T-Mobile ID 6NC1081G) tower is an ideal location for mitigating the current network performance issues. The other three reviewed would not provide adequate relief. Property Address distance mi Collier / Pine Ridge 13131 Collier Blvd, Naples, FL 34116 0.92 possible tower location 13415 Collier Blvd, Naples, FL 34119 1.43 Page 8 8/11 /2021 Packet Pg. 2985 17.F.6 NIM — 2-24-21— Summary of Recordin Mattaniah Jahn: Hello Ms. Aleman, Hi, I cannot hear you but I am Mattaniah Jahn. I'm afraid I still cannot hear you. Ms. Aleman: I'm on. Can you hear me now? Ms. Jahn: Yes, I can. Ms. Aleman: Okay Ms. Jahn: Okay, so we are at 5:34, 1 was going to just give it just a few more minutes to see if anyone else wants to join, if that's okay with you because you are my only attendee. So, I just wanted to give people who may be stuck in traffic 5 more minutes. Ms. Aleman: Okay Ms. Jahn: How is your evening going? Ms. Aleman: I don't see no screen here are they not sharing the screen? (Someone beside her says, "Once they start ........ muted ... miscellaneous talking between others with her. Ms. Jahn: This is Mattaniah Jahn. Let me get my camera on here. Ms. Aleman: Hi Ms. Jahn: Alright, so I am Mattaniah Jahn. I represent SBA Towers and T-Mobile for the Naples 6 Cell Tower Project. This is a Neighborhood Information Meeting. This is a question and answer session that is required by the County and their Code. There are no decisions going to be made today. It is a recorded session. So, the recording will be in the file so that way Planning, the Adjudicator, which may be the Hearing Examiner or the Planning Commission, the Board of County Commissioners will have the ability to look at this video. Ms. Aleman: Okay Ms. Jahn: So, as I said, this is just a question and answer session. There won't be any decisions or votes today. I am just going to tell you about this project. Ms. Aleman: Okay, number 1, first before you make any declarations, number 1, you did not post a variance sign, neither in the front on in the back, so we cannot continue until you post. You only posted it in the newspaper. That was it. Number 1. Number 2, I live next door. The eagles are the one's getting paid for that cell tower. You were very deceptive. You put 4111 Green Blvd. when in actuality you are putting the tower on 15ffi Avenue SW, in the back of the property. So, that's where I am coming in. If you want to buy my property for 2.5 million, then I will be more than happy to sell it to you. I don't want my family members to be exposed to your radiation, nor anyone that lives in the street. There is families there. Okay. There are families there and that is what I am telling you. I'm gonna go straight through everything I have to go through to stop this. If I have to take down every single person in that street and believe me I have knocked on every door. Ms. Jahn: Okay, well, do you want me to tell you about this project? Page 1 of 8 Packet Pg. 2986 17.F.6 Ms. Aleman: Go ahead. Ms. Jahn: Just to clear up any confusion as far as signs go, when this is set for hearing, there will be a sign requirement under the County code. A sign is not required for Neighborhood Information Meetings. So, we sent out a notice mailer to neighboring property owners, there is a required radius. And then, we also placed an ad in the newspaper. And, that is just meeting the requirements of the code. Ms. Aleman: But, you didn't ma'am. You did not, because you placed it in the newspaper knowing that nobody was going to look at it and you did not place it on the property. You did not place it in the back nor did you place it in the front. Okay, when I went for a variance, I had to put it in the newspaper, and I had to post in the front of my property and in the back of my property. Don't look at that person, I'm telling you what's happening. You will not get this. Believe me, I will try whatever, you will not pass this, believe me. And, you put the wrong address. You were deceptive, you should have put that it was going on 15th Avenue SW, which is the back part of 4111 Green Street. Ms. Jahn: So, we were required to put an address off of Green Street because it accesses off of Green Street. The tower is in the middle of the property and it will not have access off of 15th Street. Ms. Aleman: It's in the back of the property. I'm next door to that property. Across the street is another family with kids. I know you don't care but I want to tell you, why don't you tell the Eagles to put that tower in one of their homes and see if they like it. Okay? I don't want the tower next to my house. I don't. I have grandkids there. I don't want it. Ms. Jahn: Let me move into talking about the tower itself and then if you have any questions afterwards, we can take care of those questions and I can let you get on with your evening. Ms. Aleman: Yes Ms. Jahn: There is a planner here, were Ray Bellows, with the Growth Management Division, if you have any questions about the process. We are in Conditional Use and Variance application. Those applications have been submitted to the County and staff has reviewed them. Now we are holding this Neighborhood Information Meeting. And, after this, staff will finalize their review and then this will be separate. Let me go in and share my screen real quick. Share this. Alright, can you see the PowerPoint presentation? It should be a white and blue screen that says Naples 6. Ms. Aleman: Yes Ms. Jahn: Wonderful. Before I go talking about the tower itself, I am going to talk about the need that requires it to be built in the first place. And, when it comes down to it there are 2 reasons. One is coverage and that is the primary reason for this tower. Coverage is... Ms. Aleman: Well, why don't you put this tower in Port Royal or why don't you put it in one of the communities or why don't you put it in Naples Park? Why do you have to put it in working class people's homes? Why? Why? I don't care about the lack of coverage from Verizon or AT&T. Page 2 of 8 Packet Pg. 2987 17.F.6 Ms. Jahn: Because some cell towers work as a network and they cover a very small area. So, this isn't like a radio station. So, for example, I grew up near a FM radio station in Sarasota and they had a tower on City Island in the middle of Sarasota Bay and they could reach as far North as St. Petersburg and as far South as Venice, that is like 30 miles in each direction. A cell tower covers a very small radius. In very dense urban areas you can have towers as close as 3/4 mile apart and some times a little less. And, it is because they just reach out to a small portion and serve the c population around them. So, the other thing that is going on is capacity. Cell towers are just like roads. They have a limited amount of traffic that they can take before they reach maximum, and m they overload. And, as you get closer they perform worse and worse until they stop working. Basically, once a tower fully reaches its capacity, it can't take new calls. And, so, this tower is primarily coverage but there is also a capacity function to it that neighboring towers are trying to T pick up calls from the Estates area and so they are being burdened with that capacity to a point it has triggered a need for a new tower, and they can't add more antennas to the existing towers. The N way that the tower development process works is that the carrier always looks first to see if they c can upgrade their existing towers because that is the simplest solution to keep their customers o happy. After that, they look for other existing towers or tall structures like office buildings they c can collocate on because if they can that is a lot quicker and easier to get the service online to the a customers then going through zoning. Building a new tower is actually the hardest route and it takes the longest time. Here in Collier County, it functionally takes ... I'm sorry ... we are getting c this door closed because there is some ice machine in the background. a Ms. Aleman: Okay Ms. Jahn: So, that is the longest amount of time. In Collier County, in real time, it takes the better part of two years to get a tower developed. So, if there were easier options, they would be taking them is what I am trying to say. If there were existing towers to put it on. Ms. Aleman: Then put it somewhere else. Put it where there is nobody that can get hurt. Nobody that can get cancer. Nobody that has a family next door. Why don't you put it in your house? How would you like it to have someone put it in your house? I don't think you would like it. I don't even think you would like it down the street from your house. Ms. Jahn: When I get up in the morning I can look out my back window and see a cell tower. Ms. Aleman: Oh well, I guess you like to see cell towers. Yeah and cancer, but I don't. I don't want to put that next door. I think you need to move that tower. Believe me, I am going to get everyone I can in the that block and I am going to block this because it isn't fair to that street. It is not fair to the working-class people of that street. Go put it in the rich people's area, in Port Royal, Naples Park, Pelican Bay. You can put it there. Okay? You can put it there. You don't have to put it in my neighborhood. Okay? You don't. I don't care what kind of things you say, you are not. Believe me that I, if you do it is gonna be a lot of problems because I am going to stir it up. Okay? I'm gonna get. I'm gonna get. I'm even gonna get petitions from my street and from all the other streets next to it. So, you won't go on it. Go to somewhere else. Go to wherever you can go to and use their property. Not the property next to my house. You want to take 115 feet from my property and you had the nerve to send that guy Mike Rodriguez to my house which the next time he comes Page 3 of 8 Packet Pg. 2988 17.F.6 to my house and its from you, to have something signed, he had the nerve to tell me to sign it??!! To take 115 feet? Get out of here! What kind of jerk you think I am? Ms. Jahn: So, as far as that goes, I know that the Eagles tried to reach out to you to... Ms. Aleman: No, the Eagles tried to deceive me. Sorry, I have camera video in my office where he came in and I will bring that, okay? So, don't even go there because I have evidence on that, Okay? And, that's the one thing I did when he came in with that freaking paper for me to sign. I let that camera, that piece, I let it roll. So, you go ahead. Continue now. And, it isn't illegal to put it in my house. He came to my house. I didn't tell him to come here. Go ahead. Ms. Jahn: So, this is a map showing the aerial around the Monopine. The green marker is the Monopine. On this map up is North. And, to the South you go down toward Golden Gate City. The road that is running North and South over to the East is Collier Blvd. and then you can see Green Blvd., running East and West below it. The way that SBA came to the property is they researched an area starting just South of Green Blvd. and looking further North on Collier to try to find parcels that were larger than this and provided better setbacks. And, they went through and just systematically tried to find locations and unfortunately they did not pan out. That is how they ultimately ended up with this parcel. Ms. Aleman: Well, they better pan out somewhere else because that ain't going to pan out because they are getting paid, the Eagles, because of you, and I'm not gonna have my daughter move from that house because of your company. And, I'll be honest with you, if I have to bring this to the news, I will. I don't care anymore. I'm so fed up and my daughter works at ABC, darling. So, we'll bring this. You want to bring this? We'll bring it. Go ahead, go ahead, some more ... she works on the news on the newscaster. So, go ahead, go ahead, what else are you going to tell me? Ms. Jahn: So, this is a closer view. Ms. Aleman: Go ahead! Ms. Jahn: The Monopine is going to located, is proposed to be located just North of the parking lot and just South of the wooded area on this lot. They are not going to be removing the wooded area. That is all going to stay in place. It was proposed to be located on the East side of the property, basically as far as they can push it. They are actually asking for a variance to the East to provide more separation to the West. The actual driveway would come down and connect to Green Blvd. So, there would be no connection to 15th Street. There would be no removal of the trees. Ms. Aleman: You better not touch my property. or you'll pay 2.5 million for it. Believe me, I will go to court for that. It's not worth that, but you will pay for that. Don't laugh because I have won cases before. Don't laugh. Ms. Jahn: No, this project is proposed only on the Eagles property so there is no proposal to go onto your property at all. Ms. Aleman: You guys had a paper saying that you wanted to take 115' of my land to put that. If you touch my land. If your bulldozers touch my land. If anyone touches my land, I will go to court. Page 4 of 8 Packet Pg. 2989 17.F.6 And, I don't care because my sister is a lawyer, so I don't to pay. I really don't care. I'll pay court costs. And, I'm a win, win situation so I don't care. Ms. Jahn: Okay, I understand your position. Nobody is trying to take your land. Ms. Aleman: No, nobody is trying to take my land, you are because what you are doing is all of those people in that land is gonna get radiation from your tower. Move your tower somewhere else. Move it to one of the Eagles family's houses. Some of them live around there. You probably can use it. Try that Mike Rodriguez. Ms. Jahn: So, the location itself, we are trying to stay near major roads and not go further into the residential area of the Estates. As a matter of fact, Ms. Aleman: Oh so you will go further in the residential areas of the working class. Do me a favor and call CBS. My daughter is here so I don't care, call her. Go ahead, go ahead. Ms. Jahn: So, what is proposed is a 150' tall Monopine cell tower. When I say Monopine, it means the tower has a single support and that support is painted brown. Onto that support pole are mounted foliated branches which have leaves on them. All of the leaves are hurricane rated but they actually can sway in the breeze. The antennas themselves are nestled inside that canopy of branches and painted green. All of the cabling for the antennas are routed inside the Monopine itself. Most people consider this to look along the lines of the Norfolk pine on the East Coast. Ms. Aleman: A what? Ms. Jahn: A Norfolk pine. Ms. Aleman: A what? I don't know what that is. Ms. Jahn: A Norfolk pine is just a species of a tree. This Monopine will be designed to hold up to 4 carriers and T-Mobile will be the anchor tenant and be located at the top. There are 3 additional spaces that will be available. Those spaces will be available at market rates and what that does is that prevents, or your county codes encourages towers to be shared. So, let's say Verizon comes along and they need a tower in the area, they will be encouraged to collocate on an existing tower instead of building their own tower. So, it reduces the number of total towers in the area. Ms. Aleman: So, in other words, you are getting paid to kill everyone on the street? You having 4 carriers on your tower? So, you are getting paid for us to get sick, right? Ms. Jahn: No, no one is... Ms. Aleman: Oh okay, go ahead, go ahead Darling. Ms. Jahn: So, this is the layout and the plans unfortunately are laid out sideways so in this view North is on the right-hand side and this just shows where the Monopine will be located on the property. It is the circle you see in the middle, bottom. That is the actual Monopine itself. And, then you can see a square around it. That is the compound, equipment area. That will have a concrete wall with a locked gate. And, outside of that wall will be the codes required landscape buffer. That consists of a hedge and trees. We are not requesting any variances or waivers from Page 5 of 8 Packet Pg. 2990 17.F.6 any of these landscaping requirements. You can see from here that there are lines that go up from the equipment compound to the edge of the existing asphalt. That is the driveway. Ms. Aleman: You are going into my property. Ms. Jahn: No ma'am, we are not. Ms. Aleman: I see the arrow going into my property. Ms. Jahn: That is a setback measurement arrow. Ms. Aleman: Okay Ms. Jahn: That shows the distance. This is just the layout of the equipment area itself. It's a little bit hard to see on here but you can see T-Mobile's equipment is shown on the, immediately to the right of the Monopine and then there are spaces there for the additional carriers should they need to collocate. This is the elevation sheet. So, the way that this works is that the antennas start, or the branches start further down so that way they appear to rise up from the canopy, the natural canopy in the area and extend all the way to the top. T-Mobile's antennas will be nestled inside. You will see that there are callouts here for lights on this tower. That is not the case. The plan sheet is going to be updated. Lights will not be required. They default to that because normally the Collier County Mosquito Control ask for it but they have approved a waiver in this instance. So, it will be dark at night. And, then these are the photo simulations that are in the application file. I am going to run clockwise from the Northeast and just run around the property. So, this is the view from Collier Blvd. and 15th Street and you can see that the Monopine is on the pane on the right hand side. It just looks like a tree extending up from the canopy in this instance and it scales down to the size of other objects in the area such as that power pole immediately to the left. This is the view from the intersection of Collier Blvd. and Green Blvd. and you can see here that the Monopine does have visibility but the canopy extends all the way up from the natural canopy line. So, it is not like it is a long extension of trunk and then the branches start at the very top. This is again meant to look something like what people generally call a Monopole. This is the view from Collier Blvd. and 41 st Lane and at this distance the entirety of the Monopine is blocked by the existing trees that are in the area. And then, lastly, this is the view from 15 SW Street and there is visibility here. And you can see from the frontage though that trees on the road front are able to fully block the Monopine. This is the RF coverage in the area. So, green is reliable coverage and yellow and red are unreliable coverage. As you can see, the red on the edge of reliable coverage in the area and as you go further North into the Estates the rest of it is very poor coverage. Is there anything I can help you with? Ms. Aleman: No Ms. Jahn: Okay, and this is the after coverage. So as you can see this is only reaching North about 6 or 7 blocks if I am counting this correctly. These don't cover a very large area. So, but from here it is able to reach and provide coverage further into the Estates. Alright, so I know I described the process and I will go through it one more time. There is a conditional use and variance application with Collier County. Staff has been reviewing it and will finalize their review after this meeting and we will ultimately be given hearing dates. Public notice was sent out for this Neighborhood Page 6 of 8 Packet Pg. 2991 17.F.6 Information Meeting. Public notice will be sent out again once a hearing date is given. At that point signs will be posted on the property. Let's see, I apologize, that is a misprint. I apologize I do not have a contact point at this time because we are being bumped between staff members. My contact information is shown there at 727-773-2221. Let me see if I can get... Ms. Aleman's daughter: Can you go back to the slide before? Ms. Aleman: Yes, the slide before please. Ms. Jahn: The slide before? Okay, so this information unfortunately these dates are incorrect so that will need to be revised. I can send you an email with revised dates but unfortunately this slide was a little out of date. Let's see what else do I have for you. Here are my safety links for resources for RF safety if you would like for me to send them over to you. There are links here for the FCC guidelines and standards. The FDA. The World Health Organization. And, the National Cancer Institute. And, again, I will be happy to send them over to you if you give me an email address. And, that is all I have for you. I don't need to take up anymore of your evening with my presentation. Do you have any more questions for me? Ms. Aleman: No, I just need to make sure that you put up a sign. Yeah ... my daughter says there is a contact missing. That you had put up and then you... Ms. Jahn: There is a contact missing for the County Planner that is assigned to us that is a different County Planner. Unfortunately, we are kind of in between Planners at the moment. Ray Bellows: You can just give them my name. Ms. Jahn: Okay. Ms. Aleman: What is the other Planner's number? Ms. Jahn: One moment, let me give you the number for Mr. Bellows at this time. And, Mr. Sabo. So, I am going to end the share real quick and I am going to look up that number. Ms. Aleman: Thank you Ms. Jahn; Alright. Minimized over here. Alright, so Mr. Bellow's number is 239-252-2463 Ms. Aleman: That is the only Planner there? Ms. Jahn: No, that is Ray Bellows and he is the Zoning Manager. Let me give you James Sabo as a second contact number. James Sabo, who was our original assigned Planner, is 239-252-2708. And, again James Sabo was the Planner we were assigned when we filed the applications and Ray Bellows is the Zoning Manager for the county. Are there any other questions? Is there anything I can find you? Ms. Aleman: No, thank you so much. Ms. Jahn: Well, thank you for giving me part of your evening. Ms. Aleman: Thank you Page 7 of 8 Packet Pg. 2992 17.F.6 Ms. Jahn: Have a good night. Page 8 of 8 Packet Pg. 2993 17.F.6 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit yT)qompliance of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance as acknowledged before me this day of Y , 20A0 by � ,who is personally known to me or who has produced L4 of Notary Public) n Printed Name of Notary G:MM Procedures/davit Of Compliance - NLM Oct2010.Doc as identification. E ary Public State of Florida ki Lynn ClarkCommission GG 285454 ires 12/18/2022 Packet Pg. 2994 17.F.6 Notice: This data belongs to the Collier County Property Appraiser's Office (CC data to others without consent from the CCPA. Petition: PL20190002859 I Buffer: 1000' 1 Date: 2/4/2021 1 Site b NAME1 12455 COLLIER BOULEVARD LLC 40TH TERRACE SW LLC 40TH TERRACE SW LLC A-1 DISCOUNT AUTO PARTS INC A-1 DISCOUNT AUTO PARTS INC A-1 DISCOUNT AUTO PARTS INC ALAFMA LLC ASSANTI HOLDINGS LLC ASSEMBLY OF CHRISTIAN CHURCHES BADIN, ESTEBAN BEAUPLAN, LOUISETTE BEJAR, PILAR BEJARANO, SANDRA BORDEN, MARTA CABLE HOLD CO 11 INC CANNARSA JR, VINCENT RALPH CHARTON, NATHALIA RIOS COLETTAJR, JAMES N & MARYANN COLLIER CNTY COLLIER HEALTH SERVICES INC COMMUNITY ASSISTED & D S BABINSKI 2007 REV TRUST DE FRANCESCO, JOSEPH G DEONARINE ENTERPRISE INC DERVIL, CERALUS DESTINE, ANNE M & DONEL FLORIDA POWER & LIGHT COMPANY FLORIDA POWER & LIGHT COMPANY FLORIDA POWER & LIGHT COMPANY FLORIDA POWER & LIGHT COMPANY FLORIDA POWER & LIGHT COMPANY FRATERNAL ORDER OF EAGLES 4028 GARCIA, MARIA DEL CARMEN GHANSITYAMBHAI M PATEL GOLDEN GATE ANIMAL CLINIC GUARINO, TONY & AMY L HACKBERRY CORP HARTUNG, PHILLIP S & MAUREEN S HERNANDEZ, NOE & ELVA HERNANDEZ, TOMAS O & MARIA C HERRERA, JORGE LOUIS HERRERA, NICHOLAS R JFD NAPLES LLC JOHNS, RANDY L & LORRIE J JONES, NANCY A KENNETH K HUMISTON REV TRUST KHP ELDORADO ACQUISITIONS LLC KINGSHOTT, KATHERINE SARALIE L L & L J ELWOOD LIVING TRUST LDJ ASSOC LTD MARC, ROSALENE MARONEY, PAUL J MARTIN BUILDING ABF LLC MARTIN BUILDING ABF LLC MARTIN BUILDING ABF LLC MARTINEZ, LUPE & JUANITA H NAME2 12455 COLLIER BLVD 1900-A SUNSHINE BLVD 1900-A SUNSHINE BLVD 12525 COLLIER BLVD 12525 COLLIER BLVD 12525 COLLIER BLVD 4860 SYCAMORE DR 14348 TUSCANY POINTE CV INCORPORATED 1718 41 ST TERR SW 1480 39 ST SW PABLO ALFARO GD 1700 42ND ST SW NELSON BORDEN SANCHEZ ATTN:TAX DEPARTMENT 4190 15TH AVE SW 26 PAROUBEK STREET 3460 17TH AVE SW TRANSPORTATION RIGHT-OF-WAY 1454 MADISON AVE W SUPPORTIVE LIVING INC 2520 W 8TH ST STE 1 329 VIRGINIA AVE 1680 40TH TER SW 857 BLUEBIRD ST 1700 41 ST TER SW PROPERTY TAX - PSX/JB PROPERTY TAX - PSX/JB PROPERTY TAX - PSX/JB PROPERTY TAX-PSX/JB PROPERTY TAX-PSX/JB 4111 GREEN BLVD 1719 41 ST ST SW #1 REVOCABLE TRUST 1550 40TH TER SW 3898 27TH AVE SW 24644 SARGENT AVE 4120 15TH AVE SW 4201 17TH AVE SW 2431 18TH AVE NE 4109 15TH AVE SW 4211 GREEN BLVD 11693 BALD EAGLE WAY 4260 15TH AVE SW 5365 GREEN BLVD 324 SHARWOOD DR 9217 SQUIRREL RUN CT 4157 17TH AVE SW 4145 15TH AVE SW % A E BROOKS WILLIAMS CELESTIN 2281 SANTA BARBARA BLVD 12455 COLLIER BLVD 12455 COLLIER BLVD 12455 COLLIER BLVD 4140 13TH AVE SW Mailing List I Packet Pg. 2995 17.F.6 PA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided d ocation: 37931280001 NAME3 NAME4 NAME5 1510 39TH ST SW 4223 15TH AVE SW 4125 17TH AVE SW 1701 JOHN F KENNEDY BLVD FL 32 2885 HORSESHOE DRIVE S 1401 16TH ST 700 UNIVERSE BLVD 700 UNIVERSE BLVD 700 UNIVERSE BLVD 700 UNIVERSE BLVD 700 UNIVERSE BLVD 3091 55TH TER SW 8800 SW 116TH ST 4189 17TH AVE SW Mailing List I Packet Pg. 2996 17.F.6 ata. 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CONDOMINIUM 2983 RUE LE STOCKHOLM STE 200 1560 39TH ST SW LOAN GUARANTY SERVICE 3401 WEST END AVE STE 760W JERELYN J COBB TRUST 3240 5TH AVE SW Mailing List Packet Pg. 2999 17.F.6 NAPLES, FL 34117 --- 0 35767320001 U NAPLES, FL 34110 --- 0 35832440007 U NAPLES, FL 34120 --- 0 35832960008 U NAPLES, FL 34117 --- 0 37995800003 U NAPLES, FL 34116--- 5239 37928040005 U NAPLES, FL 34116--- 5238 37931400001 U PLANTATION, FL 33324--- 1054 35777120000 U SAN DIEGO, CA 92110 --- 0 35830040001 U NAPLES, FL 34116 --- 0 37929600004 U NAPLES, FL 34117--- 5367 37996080000 U NAPLES, FL 34116 --- 0 35831840006 U NAPLES, FL 34120 --- 0 35777440007 U NAPLES, FL 34116--- 6881 35777160002 U NAPLES, FL 34116--- 6881 35777200001 U NAPLES, FL 34116--- 5419 35832800003 U NAPLES, FL 34116--- 5419 35832920006 U NAPLES, FL 34116--- 5230 37929400000 U NAPLES, FL 34116--- 8304 37995920006 U FREMONT, CA 94539--- 6200 35776760005 U NAPLES, FL 34116 --- 5239 37928200007 U NAPLES, FL 34116 --- 5239 37928280001 U NAPLES, FL 34116 --- 0 59880000064 U NAPLES, FL 34116--- 5237 37929680008 U NAPLES, FL 34116 --- 5237 37929560005 U NAPLES, FL 34103--- 4531 35777040009 U NAPLES, FL 34116--- 6272 35777000007 U NAPLES, FL 34117 --- 0 37995960008 U SAN LEANDRO, CA 94588 --- 0 75180000023 U NAPLES, FL 34117--- 5367 37996120009 U NAPLES, FL 34116 --- 0 37929720007 U NAPLES, FL 34120--- 7528 35777400005 U NAPLES, FL 34116--- 6000 37996000006 U NASHVILLE, TN 37203 --- 0 37928240009 U NAPLES, FL 34117--- 4102 59880000103 U NAPLES, FL 34116--- 5943 35771120006 U NAPLES, FL 34116--- 5941 35771320000 U NAPLES, FL 34116 --- 0 35832520008 U 35831920007 N LAUREL H7K 3T6 CANADA 35771240009 F Mailing List I Packet Pg. 3000 17.F.6 935 Main Street, Suite D Safety Harbor FL 3469 Telephone: (727� 773-222 Facsimile: (727) 773-261 Q L d 3 February 5, 2021 0 Property Owner m Property Owner Address Property Owner, City, State and Zip Code T Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a Conditional Use with companion Variances for the following described property: The subject site is on parcel #37931280001, at 4111 Green Blvd. Project #PL20190002859 The petitioner is asking the County to approve this application to allow development of a 150' Above Ground Level telecommunications tower and related compound on the described property. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The Neighborhood Information Meeting will be held on February 24, 2021 at 5:30pm at Springhill Suites by Marriott, 3798 White Lake Blvd., Naples, FL 34117. You may also choose to attend the meeting by Zoom. The meeting ID is 8610473 8979 and the passcode is 249782. At this meeting, the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me. Sincerely, Mattaniah S. Jahn, Esq. MSJ/vlc Packet Pg. 3001 Pine Ridge RD I 17.F.6 I Project Location J m Green BLVD IU u N Packet Pg. 3002 17.F.6 tW6 OFT# USA TODAY NETWORK Published Daily Naples, FL 34110 LAW OFFICE OF MATTANIAH S JAHN PA 935 MAIN ST # D 1 SAFETY HARBOR, FL 34695 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 2/11/2021 Subscribed and sworn to before on February 11th, 2021: _._........ :_.-')Gi I.CA_._ YVt. uYX CQ...t.rx-.. --} Notary, State of WI, County of Brown TARA MONDLOCt-i Notary Public; State of Wisconsin My commission expires: August 6, 2021 PUBLICATION COST: S1,008.00 AD NO: GC10588230 CUSTOMER NO: 346954 PO#: PUBLIC NOTICE Packet Pg. 3003 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Mattaniah S. Jahn, Esq. of the Law Office of Mattaniah S. Jahn, P.A., representing Capital Telecom Holdings 11, LLC on: Monday, February 24, 2021 at 5:30p.m. at Springhill Suites, 3798 White Lake Blvd., Naples, FL 34117 Subject Property: No address assigned — Parcel No. 3263472-0009, 3263460-0006, & 3263464-0008 — Project # PL20190002859 Capital is requesting Collier County to consider a Conditional Use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan. The subject property is .93 acres, consisting of 3 parcels, located on the east side of the north -south extension of Benton Road in Section 25, Township 49 South, Range 27 East, Collier County, Florida. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with Mattaniah S. Jahn, Esq. and Collier County staff. You may also attend remotely using Zoom. If you would like to participate remotely, please contact Vicki Clark for the link information. If you are unable to attend this meeting in person or by Zoom, but have questions or comments, they can be directed by mail, phone, or e-mail to: Vicki Clark, Planner Mattaniah S. Jahn, P.A. 935 Main Street, Suite D 1 Safety Harbor, FL 34695 727-773-2221 vclark @ thelawmpowered.com Packet Pg. 3004 Naccinseaz3ao� NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER RESOLUTIONS Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on December 14, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of two County Resolutions. The meeting will commence at 9:00 A,M. The titles of the proposed Resolutions are as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, FOR A VARIANCE FROM SECTIONS 5.O5.09.G.7.b AND 5.05.09.6.7.c OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SEPARATION DISTANCE OF A 147-FOOT TALL MONOPINE COMMUNICATION TOWER FROM 73.5 FEET TO 41 FEET FOR THE EASTERN SUNGATE CENTER CPUD PROPERTY, AND FROM 367.5 FEET TO 131 FEET FOR THE WESTERN RESIDENTIAL PROPERTY, LOCATED AT 4111 GREEN BOULEVARD, ALSO DESCRIBED AS THE EAST 180 FEET OF TRACT 125, GOLDEN GATE ESTATES, UNIT NO. 26 SUBDIVISION, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL2O2000007211 AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A COMMUNICATIONS TOWER WITHIN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SECTIONS 2.03.O1.6.1.02 AND 5.05.09 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 2.73* ACRE PROPERTY LOCATED AT 4111 GREEN BOULEVARD, ALSO DESCRIBED AS THE EAST 180 FEET OF TRACT 125'0F GOLDEN GATE ESTATES, UNIT NO. 26 SUBDIVISION, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL2019O0028591 Project Location � J 93 Green ttLVU U Copies of the proposed Resolutions are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an Rem, Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/visftors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN 17. F.7 CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk ND-GC10213026-01 Packet Pg. 3005