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Agenda 10/25/2022 Item #17A (Resolution - To have BZA review the staffs findings and recommendations along with the recommendations of the CCPC)
10/25/2022 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, providing for the establishment of a conditional use to allow a communications tower within the Estates (E) Zoning District with a Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4) pursuant to sections 2.03.01.B.1.c.12 and 5.05.09 of the Collier County Land Development Code for a 2.7± acre property located at 1680 Golden Gate Blvd East, also described as the east 180 feet of Tract 20, Golden Gate Estates, Unit No. 51 subdivision, in Section 2, Township 49 South, Range 27 East, Collier County, Florida. (Zoning Petition CU-PL20200002584) (Companion to item 17B) OBJECTIVE: To have the Board of Zoning Appeals (BZA) review the 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 mai ntained. Per Policy 1.1.8 of the Rural Estates Sub Element of the Golden Gate Area Master Plan adopted in the Growth Management Plan (GMP), to obtain Conditional Use approval, a super-majority vote (minimum of 4 votes) by the Board of Zoning Appeals is required for approval of this item. CONSIDERATIONS: The subject property is 2.7+ acres currently vegetated and undeveloped with single-family homes neighboring to the west, east, and south. The property is located at 1680 Golden Gate Boulevard East, on the south side of the street, approximately 475 feet east of the Golden Gate Boulevard/16th Street SE intersection, also described as the east 180 feet of Tract 20 of Golden Gate Estates, Unit No. 51 Subdivision. The petitioner seeks a conditional use for a telecommunications tower as identified in LDC Section 2.03.01.B.1.c.12, subject to LDC Section 5.05.09. The applicant proposes the construction of a 140-foot monopine tower with an associated walled compound measuring 60 feet by 60 feet at the tower base to accommodate equipment for Verizon 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. The tower design has a minimum capability for 3 service users/carrier’s equipment. Given the shape of the parcel, the position of the tower does not meet all separation requirements applicable to towers per LDC Section 5.05.09.G.7, and a companion variance application (PL20210001301) seeks relief to allow the tower closer to the northern, eastern, and the western property lines than the LDC requires. The proposed tower is expected to generate minimal traffic; as such there is not anticipated to be a meaningful impact on the surrounding area related to automotive or pedestrian traffic. Access to the tower will be off Golden Gate Boulevard East by an access easement, subject to the condition that the western edge of the access entry drive shall be a minimum of 30 feet from the western property line of the project parcel. FISCAL IMPACT: The Conditional Use (CU) 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 CU 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 include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the CCPC to 17.A Packet Pg. 1673 10/25/2022 analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is designated Estates, Estates Mixed Use District, Residential Estates Subdistrict, as shown on the Future Land Use Map of the Rural Golden Gate Estates Sub - Element of the Golden Gate Area Master Plan of the Growth Management Plan (GMP). The Rural Golden Gate Estates Sub-Element states under B. LAND USE DESIGNATION DESCRIPTION SECTION, A. Estates Mixed - Use District, 3. Conditional Uses Subdistrict, d. Special Exceptions to Conditional Use Locational Criteria: 4. 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 Golden Gate Boulevard East, which is classified as a major collector roadway. According to the information provided by the applicant, the proposed Communication Tower facility will generate a de minimis number of maintenance-related trips monthly. 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 2.43 acres of native vegetation onsite. A minimum of 0.24 acres (10%) of preserve is required; the preserve shall be placed under preservation and dedicated to Collier County. 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. Based on the review above, this request can be found consistent with the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition CU-PL20200002584 on September 15, 2022, and voted unanimously to forward this petition to the BZA with a recommendation of approval with the two conditions enumerated in the draft Resolution. The property owner of the subject site spoke favorably about the request, and no other members of the public spoke on this item at the CCPC hearing. LEGAL CONSIDERATIONS: Before you is a recommendation by the CCPC for approval of a Conditional Use authorizing a telecommunications tower within the Estates (E) zoning district. A Conditi onal Use is a use that is permitted in a particular zoning district subject to certain restrictions. All testimony given must be under oath. The attached report and recommendations of the CCPC are advisory only and are not binding on you. The petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question the petitioner or staff, to satisfy yourself that the necessary criteria have been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the Conditional Use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the petition is by Resolution. This item has been approved as to form and legality and requires an affirmative vote of four members for BZA approval. (DDP) RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approves Petition CU- PL20200002584, subject to the two conditions as recommended by the CCPC and incorporated in the Resolution and subject to the approval of the companion variance application (PL20210001301) for relief from separation standards. 17.A Packet Pg. 1674 10/25/2022 Prepared by: Ray Bellows, Zoning Manager ATTACHMENT(S) 1. Resolution - 082922_rev (PDF) 2. 08-25 GGB E Tower CU Staff Report (PDF) 3. Golden_Gate_Boat_RF Facility Justification Report (PDF) 4. [Linked] Applicants Backup (PDF) 5. Sign Posting Affidavit and Picture (PDF) 6. legal ad - agenda IDs 23432 & 23434 (PDF) 17.A Packet Pg. 1675 10/25/2022 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 23432 Item 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, providing for the establishm ent of a conditional use to allow a communications tower within the Estates (E) Zoning District with a Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4) pursuant to sections 2.03.01.B.1.c.12 and 5.05.09 of the Collier County Land Development Code for a 2.7± acre property located at 1680 Golden Gate Blvd East, also described as the east 180 feet of Tract 20, Golden Gate Estates, Unit No. 51 subdivision, in Section 2, Township 49 South, Range 27 East, Collier County, Florida. (Zoning Petition CU-PL20200002584) (Companion to item 17B) Meeting Date: 10/25/2022 Prepared by: Title: – Zoning Name: Laura DeJohn 09/20/2022 5:55 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 09/20/2022 5:55 PM Approved By: Review: Zoning Ray Bellows Additional Reviewer Completed 09/22/2022 8:52 AM Zoning Mike Bosi Division Director Completed 09/22/2022 4:56 PM Growth Management Department Diane Lynch Growth Management Department Completed 09/22/2022 7:41 PM Growth Management Department Trinity Scott Transportation Skipped 09/22/2022 5:15 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/10/2022 3:29 PM Growth Management Department James C French Growth Management Completed 10/11/2022 12:26 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/11/2022 1:54 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2022 3:39 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/14/2022 2:29 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/19/2022 9:33 AM Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM 17.A Packet Pg. 1676 17.A.1 Packet Pg. 1677 Attachment: Resolution - 082922_rev (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) 17.A.1 Packet Pg. 1678 Attachment: Resolution - 082922_rev (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) 17.A.1 Packet Pg. 1679 Attachment: Resolution - 082922_rev (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) 17.A.1 Packet Pg. 1680 Attachment: Resolution - 082922_rev (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) 17.A.1 Packet Pg. 1681 Attachment: Resolution - 082922_rev (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) 17.A.1 Packet Pg. 1682 Attachment: Resolution - 082922_rev (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) 17.A.1 Packet Pg. 1683 Attachment: Resolution - 082922_rev (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) 17.A.1 Packet Pg. 1684 Attachment: Resolution - 082922_rev (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) 17.A.1 Packet Pg. 1685 Attachment: Resolution - 082922_rev (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 1 of 12 September 20, 2022 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 15, 2022 SUBJECT: PL20200002584; 1680 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER (CU) CONDITIONAL USE (COMPANION TO VARIANCE PETITION VA-PL20210001301) _____________________________________________________________________________________________________________________ PROPERTY OWNER/AGENT: Owner: Elah Holdings LLC Agent(s): James Johnston 2590 Golden Gate Pkwy, Suite 106 Shutts & Bowen LLP Naples, FL 34105 300 South Orange Ave., Ste. 1600 Orlando, FL 32801 Applicant: Cellco Partnership d/b/a Verizon Wireless One Verizon Way, Mail Stop 4AW100 Basking Ridge, NJ 07920 REQUESTED ACTION: Request to establish a conditional use to allow a communications tower within the Estates (E) Zoning District with a Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4) pursuant to sections 2.03.01.B.1.c.12 and 5.05.09 of the Collier County Land Development Code for a 2.7± acre property located at 1680 Golden Gate Blvd East. Per Policy 1.1.8 of the Rural Estates Sub Element of the Golden Gate Area Master Plan adopted in the Growth Management Plan, to obtain conditional use approval, a super majority vote (minimum of 4 votes) by the Board of Zoning Appeals shall be required. GEOGRAPHIC LOCATION: The subject parcel is located at 1680 Golden Gate Boulevard East, on the south side of the street, approximately 475 feet east of the Golden Gate Boulevard/16th Street SE intersection, also described as the east 180 feet of Tract 20 of Golden Gate Estates, Unit No. 51 Subdivision, in Section 2, Township 49, Range 27 East, Collier County, Florida. (See location map on the following page.) 17.A.2 Packet Pg. 1686 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 2 of 12 September 20, 2022 17.A.2 Packet Pg. 1687 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 3 of 12 September 20, 2022 PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a conditional use for a telecommunications tower as identified in LDC Section 2.03.01.B.1.c.12, subject to LDC Section 5.05.09. The applicant proposes construction of a 140-foot tower with associated walled compound measuring 60 feet by 60 feet at the tower base to accommodate equipment for Verizon and future users. The tower is designed to collapse within a radius equal to 40 feet. The tower design has a minimum capability for 3 service users/carrier’s equipment. The site is zoned Estates with Special Treatment/Wellfield Protection Zone 4 Overlay (E-ST/W- 4), and is designated in the Growth Management Plan as Estates, Estates Mixed Use District, Residential Estates Subdistrict, per the Rural Golden Gate Estates Sub-Element. The parent parcel is a +2.7 acres. The site is currently vegetated and undeveloped with single family homes neighboring to the west, east, and south. While the limits of the lease area for purposes of tower construction is a 100’ x 100’ area, the plans accompanying this request show a 20-foot wide access road extending to Golden Gate Boulevard and a Preserve Area to the rear of the site. The Conditional Use will apply to the entirety of the property, as depicted in the Separation Plan, Sheet Z-3A, depicted below and attached to the Draft Resolution that accompanies this report. Depction of the lease area, access, and preserve area from Applicant’s Separation Plan, Sheet Z-3A 17.A.2 Packet Pg. 1688 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 4 of 12 September 20, 2022 The tower is not proposed to be lighted as it is under the 150-foot height threshold applied by the Mosquito Control District for lighting. The proposed tower is expected to generate minimal traffic, one trip per carrier per month on average. As such, no meaningful impact to the surrounding area related to automotive or pedestrian traffic is anticipated. Access to the tower will be off Golden Gate Boulevard by an access road, which transportation staff has conditioned to be a minimum of 30 feet from the western property line of the project parcel. Given the shape of the parcel, the position of the tower does not meet all separation requirements applicable to towers per LDC Section 5.05.09.G.7, and a companion variance application (PL20210001301) seeks relief to allow the tower closer to the northern, eastern, and the western property lines than the LDC requires. The appearance of the monopole tower is depicted in the Tower Elevation, Sheet C-3, as shown below. Staff recommends a condition of approval that this tower be designed as a monopine style tower to address neighborhood compatibility, described further on pages 10-11 of this report. Tower Elevation from Applicant’s Submittal, Sheet C-3 17.A.2 Packet Pg. 1689 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 5 of 12 September 20, 2022 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 Special Treatment/Wellfield Protection Zone 4 Overlay (E-ST/W-4): North: Undeveloped and Single-family residential, with a zoning designation of E-ST/W-4 East: Single-family residential, with a zoning designation of E-ST/W-4 South: Single-family residential, with a zoning designation of E-ST/W-4 West: Single-family residential, with a zoning designation of E-ST/W-4 17.A.2 Packet Pg. 1690 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 6 of 12 September 20, 2022 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Estates, Estates Mixed Use District, Residential Estates Subdistrict, as shown on the Future Land Use Map of the Rural Golden Gate Estates Sub- Element of the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan. This site is approximately 2.7 acres. The Rural Golden Gate Estates Sub-Element of the GGAMP states under B. LAND USE DESIGNATION DESCRIPTION SECTION, A. Estates Mixed-Use District, 3. Conditional Uses Subdistrict, d. Special Exceptions to Conditional Use Locational Criteria: 4. Conditional Use for a cellular tower be 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 parcel size fits the criteria for minimum size and the subject site is adjacent to Golden Gate Boulevard, which is classified as a major collector roadway. The subject site is zoned Estates Zoning District. To obtain Conditional Use approval, a super majority vote (minimum of 4 votes) by the Board of Zoning Appeals shall be required. Based upon the above analysis, staff concludes the proposed Conditional Use petition may be deemed consistent with the Future Land Use Element, specifically the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states: “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent t o links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. 17.A.2 Packet Pg. 1691 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 7 of 12 September 20, 2022 Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” 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, a communication cell tower like this can expect less than 1-trip per user per month depending on the facility. Therefore, the subject Conditional Use is found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Conservation & Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 2.43 acres of native vegetation onsite. A minim um of 0.24 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 of 1996, codified at 47 USC 332(c)(7)(B)(iv), prohibits environmental concerns (or health concerns) as a reason for denial of cell towers by a local jurisdiction. If the CCPC recommends denial of the petition it should not be based on health affect, but rather one of the five below findings criteria for Conditional Uses. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based. This evaluation is completed as part of the Zoning and Land Development Review provided below. In addition, staff offers the following analyses: Transportation Review: Transportation Planning staff has reviewed the petition request and is recommending approval with the following condition: Condition 1. The western edge of the access entry-drive shall be a minimum of 30 feet from the western property line of the project parcel. Landscape Review: Detailed landscape plans are provided and reviewed at time of SDP. Environmental Review: Environmental Services staff has reviewed the Conditional Use petition to address environmental concerns. The preserve requirement is 0.24 acres (10% of 2.43 acres). The Master Plan provides a total of 0.28 acres preserve, which meets the minimum 10 percent native preservation requirement in accordance with LDC 3.05.07. The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bat 17.A.2 Packet Pg. 1692 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 8 of 12 September 20, 2022 (Eumops floridanus). One tree with a cavity was observed onsite; however, no evidence was found indicating the tree onsite was being utilized. Additionally, Giant wild pine (Tillandsia utriculata), Northern needle-leaf (Tillandsia balbisiana), and Stiff-leafed wild-pine (Tillandsia fasciculata), are listed as less rare plants, have been observed on the property and will be protected in accordance with LDC 3.04.03. No listed animal species were observed on the property. 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 proposed petition. Conditional Use Findings: Before any conditional use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the conditional use will not adversely affect the public; and 2) all specific requirements for the individual conditional use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.01.B.1.c.12 of the LDC permits communication towers as conditional uses up to specified heights in the Estates zoning district, subject to LDC Section 5.05.09. The requested use for a 140-foot tall telecommunications tower is allowed as a Conditional Use in the Estates zoning district, subject to the standards and procedures established in Sections 10.08.00, conditional uses procedures, and 5.05.09, communication towers, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). Staff has found this request is consistent with the Growth Management Plan (GMP). The development of Conditional Uses shall be in compliance with the applicable provisions of the Land Development Code (LDC), with the exception that a companion Variance petition (PL20200001301) is requested to provide for relief from the separation requirements from property to the north, east, and west of the subject site. Communication towers in the Estates zoning district are also subject to specific criteria of Section 5.05.09.G.25 listed below with explanations from staff in italics: a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector road. The parcel meets this criterion. b. The communications provider has provided evidence that the communication provider's search radius for tower placement requires placement of the tower in the Estates Zoning District to meet its coverage requirements and the tower cannot be co-located on an existing tower and provide the same service coverage. 17.A.2 Packet Pg. 1693 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 9 of 12 September 20, 2022 Per LDC Section 5.05.09.B.2, the effective radius for tower placement is defined as “a radius of 6 miles from the respective tower unless a lesser radius is approved.” Per LDC 5.05.09.B.3, a lesser effective radius means an approved radius of less than 6 miles. In seeking approval for a lesser effective radius, LDC Section 5.05.09.D.2 provides that: [T]he applicant shall provide evidence that the asserted lesser effective radius is based on physical and/or electrical characteristics. Based on the evidence submitted by the applicant, the County Manager or designee may establish a lesser effective radius. If a radius can be increased by signal amplification or other means, such means must be considered in determining the lesser effective radius. The antenna manufacturer's specifications shall be conclusive, unless the applicant can prove they are incorrect in the specific case. See Attachments B and C for the applicant’s submittal identifying a search radius with their explanation for the need to place the tower in the Estates Zoning District to meet the service provider’s goals. The applicant states, “applicant conducted an extensive search in the Verizon search ring area for an existing tower or structure on which it could locate its antennas. As shown on Verizon’s RF documentation submitted with this application, Verizon has a limited search ring area in which it can locate the antennas required to resolve the existing coverage and capacity gap, and Verizon needs to locate its antennas at 140’ in order to resolve the existing coverage and capacity gap. The documentation included with this application further establishes that there are no existing towers or structures of a sufficient height in the limited search ring area on which Verizon could locate its antennas.” Excerpt from Applicant’s RF Facility Justification, see Attachment B 17.A.2 Packet Pg. 1694 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 10 of 12 September 20, 2022 c. All security and site lighting shall be less than 20 feet above grade, fully shielded, and directed away from neighboring properties. Final lighting plans are reviewed against this standard at time of site development plan permitting. d. Fencing height and landscaping. The required perimeter wall or fence height shall be a minimum of eight feet from finished grade of base supporting structure and no greater than 10 feet. A minimum 15 feet landscape Type B buffer along the perimeter of wall or fence is required and tree plantings within the buffer shall be 12 feet tall at time of planting. The Conceptual Site Plan, Sheet C-1, attached to the Draft Resolution that accompanies this report, indicates that the wall around the compound will be 8 feet tall. The “Site Plan/Buffer Plan” submitted with the petition shows a proposed 20-foot-wide landscape buffer on all sides of the walled compound. Final fencing and landscaping plans are reviewed against this standard at time of site development plan (SDP) permitting. e. Equipment cabinets. Overall height of ground-mounted equipment or equipment enclosure shall not exceed 12 feet. The submitted “Equipment Layout Plan” and “Compound Detail” indicate that the proposed generator is 7 feet tall, which is less than 12 feet and complies with this criterion. Dimensions of the equipment cabinets are reviewed against this standard at time of site development plan and building permitting. 3. Ingress and egress to the 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. Ingress and egress to the subject property is limited to a 20-foot-wide road off Golden Gate Boulevard East. Staff’s recommendation includes a condition that the western edge of the access entry-drive shall be a minimum of 30 feet from the western property line of the project parcel. The applicant states that the use will generate approximately one trip per month per carrier for maintenance visits. The 60-ft x 60-ft compound at the base of the communication tower is proposed to have gates for security. Parking spaces for maintenance vehicles will be within the fenced/walled area, subject to review and permitting of a site development plan (SDP). 4. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The communication tower is an unmanned facility and is not anticipated to generate noise, odor, or glare. The tower is not proposed to be illuminated. The tower is anticipated to improve wireless communication capacity and service levels in the area, which not only positively affect economic opportunities, but also increase safety due to improved coverage and call stability for emergency situations. Towers placed in residential areas can be 17.A.2 Packet Pg. 1695 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 11 of 12 September 20, 2022 designed to ameliorate the visual impact upon the surrounding area; for instance, a 147-foot tall monopine style tower was approved in the Urban Estates on December 14, 2021 (reference: Green Boulevard Tower Conditional Use [PL20190002859] and Variance [PL20210001301]). Given the similar characteristics for this proposed tower’s location in an Estates-designated, residential, and more vegetated area, staff recommends: Condition 2. Maintain the tower as a monopine, and maintain the tower (including, but not limited to, the tree branch canopy) in good repair in accordance with the appearance and condition at time of installation. 5. Compatibility with adjacent properties and other property in the district. The 40-foot projected fall zone radius for the tower is within the boundaries of the parent parcel. The masonry wall around the tower compound, landscape buffer, and existing mature tree canopy on the remainder of the property will help with the eye level view from adjacent properties and the surrounding district. To contribute toward compatibility with the surrounding vegetated landscape, staff recommends: Condition 2. Maintain the tower as a monopine, and maintain the tower (including, but not limited to, the tree branch canopy) in good repair in accordance with the appearance and condition at time of installation. The proposed tower will not meet the required 350-foot separation from residentially zoned properties (calculated as 2.5 times the height of the tower) as required by Section 5.05.09, on the north, east, and west boundaries. The applicant has submitted a concurrent Variance request (PL20210001301) seeking relief from the separation requirements. The separation standards are established in the LDC to address compatibility with nonresidential and residential properties in proximity to a proposed tower. Because the applicant seeks relief to provide less than the required separation, a recommendation of approval for the conditional use must be subject to approval of the variance petition to allow the proximity of the tower to the adjoining sites. 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. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was held on September 9, 2021, at Naples Wedding Barn located at 2250 28th Avenue SE, Naples, FL 34117 and was also accessible through ZOOM. The meeting commenced at 5:05 p.m. and ended at 5:27 p.m. 17.A.2 Packet Pg. 1696 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) CU-PL20200002584 GOLDEN GATE BOULEVARD E COMMUNICATION TOWER Page 12 of 12 September 20, 2022 The agent for the Conditional Use and Variance applications presented information about the proposed telecommunication tower and the justification for the Conditional Use and Variance. The agent explained the challenges in meeting the communication tower separation requirements from the abutting residential parcels due to the lack of larger parcels in the surrounding area within the Estate zoning district. An attendee asked if the tower will have capability for additional antenna besides Verizon. The agent responded that it will have a minimum capability for 3 service users/carrier’s equipment. The attendee expressed support for the proposed tower location given the roadway’s character. No additional commitments were made by the applicant. The NIM documentation is included in Attachment C. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed this staff report on 8/24/2022. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of Petition CU-PL20200002584, 1680 Golden Gate Boulevard E Tower, to the Board of Zoning Appeals (BZA), only upon a determination of approval for the companion variance application (PL20210001301) for relief from separation standards, and subject to the following condition: 1. The western edge of the access entry-drive shall be a minimum of 30 feet from the western property line of the project parcel. 2. Cellco Partnership d/b/a Verizon Wireless, its successors, or assigns shall maintain the tower as a monopine style tower, and shall maintain the tower (including, but not limited to, the tree branch canopy) in good condition and repair in accordance with the appearance and condition at the time of installation. Attachments: A. Resolution B. Radio Frequency (RF) Facility Justification by Verizon Wireless RF Engineering C. Applicant’s Backup Material 17.A.2 Packet Pg. 1697 Attachment: 08-25 GGB E Tower CU Staff Report (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) RF Facility Justification 15912759 GOLDEN GATE BOAT Prepared by Verizon Wireless RF Engineering Pavitra Jaiswal June 1, 2021 17.A.3 Packet Pg. 1698 Attachment: Golden_Gate_Boat_RF Facility Justification Report (23432 : Zoning Petition - Capacity is the need for more wireless resources.Cell sites have a limited amount of resources to handle voice calls,data connections,and data volume.When these limits are reached,user experience quickly degrades.This could mean customers may no longer be able to make/receive calls nor be able to browse the internet.It could also mean that webpages will be very slow to download. Coverage is the need to expand wireless service into an area that either has no service or bad service. The request for service often comes from customers or emergency personnel. Expansion of service could mean improving the signal levels in a large apartment complex or new residential community. It could also mean providing new service along a newly built highway. Introduction: There are two main drivers that prompt the need for a new cell site.One is coverage and the other is capacity. 17.A.3 Packet Pg. 1699 Attachment: Golden_Gate_Boat_RF Facility Justification Report (23432 : Zoning Petition - Capacity is the amount of resources a cell site has to handle customer demand. We utilize sophisticated programs that use current usage trends to forecast future capacity needs. Since it takes an average of (1-3) years to complete a cell site project, we have to start the acquisition process several years in advance to ensure the new cell site is in place before the existing cell site hits capacity limits. Location, Location, Location. A good capacity cell site needs to be in the center of the user population which ensures even traffic distribution around the cell. A typical cell site is configured in a pie shape, with each slice (aka. sector) holding 33% of the resources. Optimal performance is achieve when traffic is evenly distributed across the 3 sectors. Height. The requested tower height is the minimum height required to allow Verizon Wireless to meet the stated service objectives and provide seamless service to surrounding Verizon Wireless towers. Any reduction in the tower height will result in significantly diminished coverage improvements and capacity relief to the service area. 17.A.3 Packet Pg. 1700 Attachment: Golden_Gate_Boat_RF Facility Justification Report (23432 : Zoning Petition - Verizon Wireless Site Map Golden Gate Boat 3.6 miles 3.6 miles 3.7 miles 3.2 miles 5.9 miles 17.A.3 Packet Pg. 1701 Attachment: Golden_Gate_Boat_RF Facility Justification Report (23432 : Zoning Petition - Coverage Area of Existing Network Existing Site Proposed Site17.A.3 Packet Pg. 1702 Attachment: Golden_Gate_Boat_RF Facility Justification Report (23432 : Zoning Petition - Coverage Area of Proposed Network Existing Site Proposed Site17.A.3 Packet Pg. 1703 Attachment: Golden_Gate_Boat_RF Facility Justification Report (23432 : Zoning Petition - 17.A.5 Packet Pg. 1704 Attachment: Sign Posting Affidavit and Picture (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) 17.A.5 Packet Pg. 1705 Attachment: Sign Posting Affidavit and Picture (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) 17.A.6 Packet Pg. 1706 Attachment: legal ad - agenda IDs 23432 & 23434 (23432 : Zoning Petition - PL20200002584 1680 Golden Gate Blvd E Tower CU) Co e-r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 CONDITIONAL USE Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED XQ A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Property Owner(s): ELAN Holdings, LLC Name of Applicant if different than owner: Verizon Wireless (PL20200002584) Address: 4700 Exchange Court, Ste. 100 City: Boca Raton Telephone: 984-255-7028 Cell: E-Mail Address: hktimmons@tepgroup.net Name of Agent(s): Harold Timmons Firm: Tower Engineering Professionals Address: 10700 Sikes Place, Ste. 360 City: Charlotte Telephone: 980-270-5057 - desk State: FL ZIP: 33431 Fax: State: NC ZIP: 28277 Cell: 336-210-9684 Fax: E-Mail Address: hktimmons0tepgroun.net BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 5/08/2018 Page 1 of 12 Co i r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Golden Gate Estates Area Civic Association Mailing Address: P.O. Box 990596 City: Naples State: FL ZIP: 34116 Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: 39382280001 Plat Book: Page #: Section/Township/Range: 2 / 49 / 27 Subdivision: 342700 - Golden Gate Estates Unit 51 Lot: Block: Metes & Bounds Description: Golden Gate Est. Unit51 E 180ft of TR 0 OR DR 1716 PG 858 Size of Property: ft. X ft. = Total Sq. Ft. Acres: 2.81 ac. Address/ General Location of Subject Property: 1680 Golden Gate Blvd E, Naples, FL 34177 5/08/2018 Page 2 of 12 Co ;r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJ CENT ZONING AND LAND USE Zoning Land Use N Estates-ST/W4 3- Residential- #39320160002/ #39323760001/ #39320120000 S Estates - ST W4 1- SF Residential - #39382480005 E Estates - ST/W4 2-SF Residental- # 39382200007/ #39382720008 W Estates - ST W4 1 - SF Residential - #39382320000 If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the Estates zoning district for Essential Services (type of use). Present Use of the Property: Vacant - Undeveloped 5/08/2018 Page 3 of 12 Co eir County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 EVALUATION c: Pursuant to LDC section 10.08.00 and Chapter 3 CA of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? No Q Yes (If yes please provide copies.) 5/08/2018 Page 4 of 12 Co k er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): Verizon Wireless Address: 4700 Exchange Court, Ste. 100 City: Boca Raton State: FL ZIP: 33431 Telephone: 984-255-7028 Cell: E-Mail Address: Address of Subject Property (If available): City: Naples State: FL Fax: 1680 Golden Gate Blvd ZIP: 34117 LEGAL DESCRIPTION Section/Township/Range:2/ 49 27 Lot: Block: Subdivision: 342700 - Golden Gate Estate Unit 51 Plat Book: Page #: Property I.D. Number: 39382280001 Metes & Bounds Description: Golden Gate Estates Unit 51 E 180ft OF TR 20 OR DB1716 PG 858 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED 7-71 Check applicable system: a. County Utility System b. City Utility System C. Franchised Utility System d. Package Treatment Plant e. Septic System ❑ Provide Name: N/A ❑ (GPD Capacity): TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utility System ❑ PROVIDE NAME N/A d. Private System (Well) ❑ Total Population to be served: N/A Peak and Average Daily Demands: A. Water -Peak: Average Daily: B. Sewer -Peak: Average Daily: 5/08/2018 Page 5 of 12 Co e-r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: N/A Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N/A County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. N/A 5/08/2018 Page 6 of 12 Co e-r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 RECORDING OF DEVELOPER CO Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 5/08/2018 Page 7 of 12 Co e, County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑X A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.I. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review Copies Required Not Required Completed Application (download current form from County website) 1 Cover letter briefly explaining the project 1 X Pre -Application Notes 1 Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist 1VN Property Ownership Disclosure Form 1 Warranty Deed(s) 1 Boundary Survey 1 Conceptual Site Plan 24" X 36" plus (one 8 % X 11 copy) X Plans showing proposed location for utilities, if required Plans for screening and buffering the use with reference as to type, dimensions, and character, if required ❑ X ❑ Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required ❑ ❑ Plans showing the proposed signs and lighting, including type, dimensions, and character, if required ❑ ❑ ❑ Architectural Rendering of Proposed Structure(s), if applicable 1 ❑ Current aerial photographs (available from Property Appraiser) with project and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 X ❑ El Statement of utility provisions (with all required attachments & sketches) 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. ❑ ❑ Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study (TIS) or waiver (**Request TIS Waiver) 1 ❑ X Historical and Archeological Survey, or waiver 1 Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 X ❑ * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement **See Pre -application meeting notes from Mike Sawyer - Transportation Planner 5/08/2018 Page 8 of 12 r Air Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the following additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay Conservancy of SWFL: Nichole Johnson ❑ GMD Graphics ❑ City of Naples: Robin Singer, Planning Director ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams ❑ Immokalee Water/Sewer District: ❑ Other: El School District (Residential Components): Amy School Communication Towers: ® Mosquito Control Collier County Airport Authority ❑ Naples Airport Authority Commercial Mining: Impact Fees 5/08/2018 Page 9 of 12 CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 FEE REQUIREMENTS All checks payable to: Board of County Commissioners X Pre -Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre -application meeting) X1 Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5" and subsequent reviews: 20% of original fee X Comprehensive Planning Consistency Review: $300.00 ❑ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 ❑ Transportation Fee, if required: (*See Pre-applicaton Notes from Mike Sawyer) o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00 X Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00 D( Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 oaXtxDPxomxamic 03/04/2022 Agent/Owner Signature Date Harold Timmons Agent/Owner Name (please print) 5/08/2018 Page 10 of 12 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. 5/08/2018 Page 11 of 12 Co e-r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAQ The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPQ The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. 5/08/2018 Page 12 of 12 CONDITIONAL USE ANALYSIS (PL20200002584) 1) Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. Verizon's conditional use request will be in harmony with the intent and purpose of the Land Development Code ("Code") as the proposed use is permitted under the property's Estate zoning district subject to receiving a conditional use permit approval. The Code provides that a conditional use permit may be approved for "a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare." Prior to initiating the conditional use application for a new communication tower site, applicant conducted an extensive search in the Verizon search ring area for an existing tower or structure on which it could locate its antennas. As shown on Verizon's RF documentation submitted with this application, Verizon has a limited search ring area in which it can locate the antennas required to resolve the existing coverage and capacity gap, and Verizon needs to locate its antennas at 140' in order to resolve the existing coverage and capacity gap. The documentation included with this application further establishes that there are no existing towers or structures of a sufficient height in the limited search ring area on which Verizon could locate its antennas. Therefore, a new communication tower is required. The communication tower will be designed to meet the Code requirements, including sufficient landscaping and buffering to reduce the visual impacts of the tower. Additionally, approving the conditional use to permit the proposed communication tower will benefit the neighborhood by providing reliable coverage and capacity to Verizon's wireless customers in the area. Since approximately 80% of all 911 calls are now made from wireless devices, resolving the coverage and capacity gap in the area and providing reliable wireless services improves the health, safety, and welfare of the residents in the neighborhood. The proposed project is further consistent with the County's Wellfield Risk Management Special Treatment Zone requirements contained in section 3.06.12 of the Code. As depicted on Sheet Z-1 of the included site plan, the property is included on the edge of the W-4 zone. A communication tower in a W-4 zone does not fall under any of the listed regulated development in section 3.06.12 of the Code. Approving a conditional use permit for the communication tower is also consistent with the provisions of the County's Growth Management Plan. Policy 5.6 of the Growth Management Plan, Future Land Use Element provides that new development "shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code." The proposed communication tower is complementary to the surrounding land uses by providing reliable wireless services to the residents in this neighborhood. The Estate district generally is a lower density area in a semi -rural to rural environment with average lots of 2.25 acres. Based on the lower density and size of the lots, it is important for the health, safety, and welfare of the residents to have reliable wireless services. TPADOCS 24039659 2 37738.2422 Objective 1.4 of the Rural Golden Gate Estates Sub -Element of the Collier County Growth Management Plan: "Provide a living environment within the Rural Golden Gate Estates, which is aesthetically acceptable and protects the quality of life." As discussed above, the proposed communication tower will increase the quality of life, including health, safety, and welfare, of the surrounding residents by resolving Verizon's substantial coverage and capacity gap in the area and providing the neighborhood with reliable wireless services. Additionally, the monopole design of the communication tower and the Property's existing, mature tree canopy and native vegetation will buffer the proposed use and further protect the residents' quality of life. Goal 3 of the Rural Golden Gate Estates Sub -Element of the Collier County Growth Management Plan: "To provide for limited commercial services and conditional uses for purposes of serving the rural needs of Golden Gate Estates Residents, shortening vehicular trips, and preserving rural character." The Code recognizes the need for communication towers in the Estate zoning district by allowing them to any height as a conditional use on parcels designated as Rural Golden Gate Estates. The proposed communication tower will serve the rural needs of the area by providing reliable wireless service. The communication tower project exceeds the preservation and retention standards contained in Policy 6.1.1 of the County's COME. Pursuant to Policy 6.1.1, ten (10) percent of the native vegetation must be preserved or retained. The parent parcel is approximately 2.43 acres, which would require a preserve area of 0.243 acres (10,608 s.f.). The wireless communication tower compound will be located on a 100' x 100' lease area, leaving the balance of the parent parcel (approximately 2.21 acres) maintained in its natural wooded and vegetative state. Additionally, as depicted on Sheets Z-2 and Z-3 of the conditional use plans, a specific ten (10) percent area of the parent parcel has been proposed as a preserve area. The communication tower project also meets Objective 7.1 of the County's COME, which states that incompatible land uses be directed away from listed animal species and their habitats. As part of the overall approval process for the wireless communication facilities, the site goes through a Phase 1 Environmental Site Assessment and National Environmental Policy Act (NEPA) review. Through these reviews and as evidenced by the Terracon reports provided, the project consultants have determined that the proposed communication tower project to be located on a small area of the parent parcel will not negatively impact any listed animal species or their habitats. 2) Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The 100' x 100' lease area on the property for the proposed communication tower compound will be accessed from Golden Gate Boulevard East via a 20' wide access road as depicted on the plans that meets the County's design and construction requirements. The communication tower is an unmanned facility and only requires approximately one (1) maintenance visit per month. Therefore, the proposed communication tower will not have a significant impact on automobile traffic in. the area, and will therefore not impact automobile and TPADOCS 24039659 2 37738.2422 pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 3) Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. The proposed communication tower is an unmanned facility that does not generate noise, glare, or odor. The communication tower will be of a monopole design, surrounded by a masonry wall, landscaped, and the balance of the property outside of the tower compound area has an existing, mature tree canopy, all of which act to significantly buffer the neighboring properties from the proposed wireless communication tower. Moreover, the communication tower will resolve Verizon's coverage and capacity gap issues in the area. Based on all of these conditions, the proposed communication tower will not have a negative economic impact on the neighboring properties. 4) Describe the site's and proposed use's compatibility with adjacent properties and other properties in the district. The proposed communication tower will be compatible with adjacent properties and other properties in the district by providing reliable coverage and capacity to Verizon's wireless customers in the area. Additionally, since approximately 80% of all 911 calls are now made from wireless devices, resolving the coverage and capacity gap in the area and providing reliable wireless services improves the health, safety, and welfare of the residents in the neighborhood. Finally, the monopole design of the tower, masonry wall around the tower compound, landscaping, and existing, mature tree canopy on the balance of the property will help to ensure that the proposed communication tower is compatible with adjacent properties and other properties in the district. 5) Please provide any additional information which you may feel is relevant to this request. The proposed communication tower requires a variance from the Code's residential separation requirements. Applicant has submitted the variance application (PL20210001301), and the variance is being processed concurrently with the conditional use application. Conditions/Commitments 1. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 2. All other applicable state or federal permits must be obtained before commencement of the development. TPADOCS 24039659 2 37738.2422 Co per C0141 ty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) 0 CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) GOLDEN GATE EST UNIT 51 E 180FT OF TR 20 OR 1716 PG 858 FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 39382280001 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 1680 GOLDEN GATE BLVD E, NAPLES, FL 34117 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) GOLDEN GATE BOAT (10-10-2019) (Not approved at this time) PROPOSED PROJECT NAME (if applicable) GOLDEN GATE BOAT (10-10-2019) PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (forexisting projects/sites only) SDP_- or AR or PL # Rev. 6/9/2017 Page 1 of 2 Co 'er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: F2] Email ❑ Fax ❑ Personally picked up Applicant Name: MILTON BAKER Phone: 916-385-4266 Email/Fax: MBAKER@TEPGROUP.NET Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number 39382280001 J I'Gq'' 12/18/2020 Approved by. Date: Updated by: Date: Rev. 6/9/2017 Page 2 of 2 Collier County Property Appraiser Property Aerial Site 1680 Parcel No 39382280001 Address ,GOLDEN Site City NAPLES' *Disclaimer GOLDEN- BLVD Open GIS in a New ..:. • Site Zone ote 34117 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net CAT County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the an lercentage oT sucn interest: Name and Address % of Ownership N/A If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership ELAH Holdings, LLC Erik Mogelvang 100 2100 North Road, Naples FL 34104 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the r. . CI I.CI IId KC VI II IICI CJI. Name and Address % of Ownership N/A Created 9/28/2017 Page 1 of 3 CO 6Y County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list then a me of the general and/or limited partners: Name and Address % of Ownership N/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the ,tticers, stocKnolciers, benericiaries, or partners: Name and Address % of Ownership N/A Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of IIce[ S, II d LUIRL)rauvii, NaiLncIZ) llp, vi LlU3L. Name and Address N/A g. Date subject property acquired 09�29�2d2� Q Leased: Term of lease 25/0 years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: N/A Date option terminates: Anticipated closing date: CO 8Y County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, 1 attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 N 1- 1 /22/2021 Agent/Owner Signature Date Erik Mogelvang Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the ercentage oT sucn interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the ,ercentage of stock owned by each: Name and Address % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page i of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net d e. f, 9. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP. list the name of the general and/or limited partners: Name and Address % of Ownership Celico Partnership, a Delaware general partnership, d/b/a Verizon Wireless a(1asaftaportion ofthe property One Verizon Way, Mail Stop 4AW100 f« a wmmunication lower wirpcwnd) Basking Ridge, NJ 07920 C Dislclosure Partnership is a enelr lly trade com any.. Please see the attach ar Cellco Partnership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the fficers, stockholders, nenetfciaries, or partners: Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or Z Date subject property acquired i, or trusu: Name and Address ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliersov.net Date of option: CD eY C;014 'lty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: . or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Fl. 34104 4 "�) � Date Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 DISCLOSURE STATEMENT Cellco Partnership d/b/a Verizon Wireless One Verizon Way Basking Ridge, NJ 07920 Cellco Partnership d/b/a Verizon Wireless ("Cellco') is a general partnership formed under the laws of the State of Delaware. Cellco has three partners in total and is indirectly, wholly owned by Verizon Communications Inc. ("Verizon"). Verizon, a publicly traded company, has its principal place of business at 1095 Avenue of the Americas, New York, New York. The following is a listing of partners who own greater than a 10% interest in Cellco: Bell Atlantic Mobile Systems LLC 23.630029% GTE Wireless LLC Verizon Americas LLC 32.353112% 44.016859% Bell Atlantic Mobile Systems LLC, One Verizon Way, Basking Ridge, NJ 07920-1097 - a Delaware limited liability company with its principal place of business in New Jersey whose sole member is MCI Communications Services LLC. MCI Communications Services LLC, a Delaware limited liability company with its principal place of business in New Jersey whose sole member is MCI International LLC. MCI International LLC, a Delaware limited liability company with its principal place of business in New Jersey whose sole member is Verizon Business Network Services LLC. Verizon Business Network Services LLC, a Delaware limited liability company with its principal place of business in New Jersey whose sole member is Verizon Business Global LLC. Verizon Business Global LLC, a Delaware limited liability company with its principal place of business in New Jersey whose sole member is Verizon Communications Inc. GTE Wireless LLC, One Verizon Way, Basking Ridge, NJ 07920-1097 - a Delaware limited liability company with its principal place of business in New Jersey, whose sole member is GTE LLC. GTE LLC, a Delaware limited liability company with is principal place of business in New Jersey whose sole member is Verizon Communications Inc. Verizon Americas LLC, One Verizon Way, Basking Ridge, NJ 07920-1097 - a Delaware limited liability company with its principal place of business in New Jersey, whose sole member is Verizon Communications Inc. 2671619.2 FOR PETITION NUMBERS(S) AFFIDAVIT OF AUTHORIZATION PL20200002584 I, Erik Mogelvang (print name), as MGR (title, if applicable) of ELAH Holdings, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0 applicant=contract purchaser=and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Tower Engineering Professionals/Harold Timmons & Attny. James Johnston to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes. • If the applicant is a corporation, then it is usually executed by the corp, pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, 1 declare that I have read the foregoing Affidavit of Authorization and that the fact fated in it are true. Sign ture D e STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of F] physical presence or [:]online notarization this 22 day of September 20 z1 , by (printed name of owner or qualifier) Erik Mogelvang Such person(s) Notary Public must check applicable box: F1 Are personally known to me ®x Has produced a current drivers license FLDL M241-205-74-088-0 Has produced as identification. Notary Signature:.izL ) CM08-COA-0011.5\155 REV 3/4/2020 NIKOLINAD:, Notary public rida • = Commissio4W My Comm. Ex2022Assn. AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) L,).D'1,,®®®�� I, -A � �� `^� __(print name), as �5� �t� y , � (title, if applica11 ble) of _ (2C � (company, If a licable), swear or affirm under oath. that I am the (choose one) owner, lappflcant ntract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize M-, nxke, to act as our/my representative in any matters regarding this petition including i through 2 above. `Notes. • if the applicant is a corporation, ftren it is usually executed by the core, pros. or v. pros. • If the applicant is a Limited Liability Company (L.LC.) or Limited Company (LC.), then the documents should typically be signed by the Company's Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be idendhed as the general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words as trustee" • in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and than use the appropriate format for that ownership. Under penalties of perjury, t declare that I have read the foregoing Affidavit of Authorization and that the facts statod In it are tnie. Signature Date STATE OF FLORIDA COUNTY OF COLLIER �1 The foregoing instrument was acknowleged before me by means of C]phystrAffirwmiriceor oriling notarization this day of 2011, by (printed name of owner or qualifier) S P Surh person(G) Notary Public must check applicable box: _ Are personally known to me Has produced a current drivers license . _ _..._ ® Has produced __...... _ as identification. . 1 J, "•`ta¢ MISTYM. BRANTLEY ` MY cow'4!SSIOV 4 GG 084416 i EXPIRES: ApHI 15, 2021 " ,'z��£,x BandM'hvNotaryPvbr�cU,vlerw,itv,s Notary Signature: CMOS-COA-0011SUSS CELLCO PARTNERSHIP d/b/at VERIZON WIRELESS ASSISTANT SECRETARY'S CERTIFICATE I, Karen M. Shipman, do hereby certify that I am a duly elected, qualified and acting Assistant Secretary of Cellco Partnership, a Delaware general partnership, d/b/a Verizon Wireless (the "Company"), and as such I am authorized to execute this certificate. In such capacity, I further certify that: 1. By written consent dated March 19, 2015, the Board of Representatives of the Company adopted resolutions relating to signing authority and the authority to approve transactions, and that such resolutions are in full force and effect as of the date hereof, and 2. Marissa De Jesus, Sr. Engineer Consultant — Tech. Project Management, is authorized pursuant to the signing authorities adopted by the aforementioned resolutions, to make, enter into, sign and deliver documents regarding the Collier County Conditional Use Permit Application — PL20200002584 on behalf of the Company. Dated. February 4, 2022 Kam X. ISA;"� Karen M. Shipman Assistant Secretary 284237s GOLDEN GATE BOAT RAMP COMMUNICATION TOWER — NEIGHBORHOOD INFORMATION MEETING SUMMARY Date: September 9, 2021 Location: Naples Wedding Barn Scheduled Start Time: 5:00 pm Actual Start: 5:05pm Attendance: Harold Timmons, Tower Engineering Professionals (Applicant) James Johnston, Shutts & Bowen LLP,.(Applicant Representative) Erik Mogelvang (Property Owner) Cindy Mogelvang (Property Owner) Donald Harring (1751 Benton Road) Rene Harring (1751 Benton Road) Laura DeJohn (Collier County Growth Management) Meeting Summary: A presentation was made by Mr. Johnston about the proposed communication tower and the need for the conditional use and variance approvals. Poster boards with depictions of the site and the proposed communication tower and tower compound were displayed to aid in the presentation. Mr. Johnston also discussed the challenges in meeting the communication tower setback requirements from the abutting properties due to the lack of larger parcels in the surrounding area based on the Estate zoning and the development patterns. Ms. DeJohn provided the attendees with a statement regarding the conditional use and variance processes, including that the requests will go to the Planning Commission and the Board of County Commissioners where a super -majority will be required for approval. At the conclusion of the presentation the floor was opened to questions from the audience. Mr. Harring asked a question about the tower's structural capability to hold additional antennas, and Mr. Timmons indicated that the tower had a minimum capability for 3 service users/carrier's equipment. Mr. Harring indicated that he supported the communication tower in the proposed location because the roadway was more commercial and the communication tower fit the area. Mr. Harring also asked if Verizon was involved in a tower request off of Benton Road. Mr. Timmons indicated that he was not familiar with such a Verizon request but that there could be another vendor doing work for Verizon in that area. A Zoom call -in link was provided in the property owner public notice letters that were mailed and there were no attendees on the Zoom call other than TEP Project Manager Mitzi Parker, who was monitoring the Zoom call. The Zoom call ended when the in -person meeting ended and no one other than as stated above attended the call. Meeting End Time: 5:27pm TPADOCS 23822442 2 37738,2422 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 tl State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this dO6day of by S�D {'7 , who is personally own to me or w o has produced as identification. ell (Signature of Aotary Public) ' Printed Name of Notary G:\NIM Procedures/Affidavit Of Compliance - NIM Oct2010.1)oc (Notary Seal) TRACY E. UCONNOR Commisslon # HH 046251 w Expkres September 24, 2024 �r+°oF F�epo eD�d�d TIMu BudON:iduY SitVION I oij 1j a0\ �O�\ F_NGINEER NG PROFESSIDNAI.S August 19, 2021 BCJC LLC 5455 Jaeger Rd Naples, FL 34109 Site Name: Golden Gate Boat Dear Property Owner: CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980, 202.5 596 WWW.TEPGROUP.NET Please be advised that formal applications have been submitted to Collier County seeking approval of a conditional use permit (Application #PL20200002584) and variance (Application #PL20210001301) for the following described property: 1680 Golden Gate Boulevard East, Naples, Florida 34117 (Parcel ID# 39382280001) The petitioner is asking the County to approve these applications to allow development of a 145' monopole communication tower for Verizon Wireless (140' tower with 5' lightning rod) on a 100' x 100' lease area of the above 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 September 9, 2021, from 5:00pm - 7:00pm pm at the Naples Wedding Barn located at 2250 2811 Ave SE, Naples, FL 34117. The meeting will also be accessible through Zoom. Please see the login information below. https://tepgroup.zoom.us/j/85316895132?pwd=blJpUXpmVGZuMVJodOtCNndkNm1 MUT09 Meeting ID: 853 1689 5132 Passcode: 840996 Join by phone: (US) +1 828-490-9917 (PIN: 312182319) 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, Harold Timmons, Real Estate Specialist Tower Engineering Professionals 336-210-9684 hktimmons@tepgroup.net CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PM&E I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 I0\ ®®O wER ENGINEERING PROFESSIONALS August 19, 2021 Carmen Gaby Cosgrove Paul Desmond Booth 1717 Golden Gate Blvd E Naples, l 1. 34120 Site Name: Golden Gate Boat Dear Property Owner: CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980.202.5 596 WWW.TEPGROUP.NET Please be advised that formal applications have been submitted to Collier County seeking approval of a conditional use permit (Application #PL20200002584) and variance (Application #PL20210001301) for the following described property: 1680 Golden Gate Boulevard East, Naples, Florida 34117 (Parcel l0# 39382280001) The petitioner is asking the County to approve these applications to allow development of a 145' monopole communication tower for Verizon Wireless (140' tower with 5' lightning rod) on a 100' x 100' lease area of the above 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 September 9, 2021, from 5:00pm - 7:00pm pm at the Naples Wedding Barn located at 2250 28`h Ave SE, Naples, FL 34117. The meeting will also be accessible through Zoom. Please see the login information below. https:HtepglgVp.zoom.us/i/85316895132?pwd=blJpUXPmVGZuMVJodOtCNndkNml MUT09 Meeting ID: 853 1689 5132 Passcode: 840996 Join by phone: (US) +1 828-490-9917 (PIN: 312182319) 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, Harold Timmons, Real Estate Specialist Tower Engineering Professionals 336-210-9684 hktimmons@tepgroup.net CIVIL I GEOTECHNICAL I SURVEY ( INSPECTION I STRUCTURAL I PM&E I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 I A®� r ®\r ;fir �;❑ WER ENGINEERING �- PROFESSIONALS August 19, 2021 Elah Holdings LLC 2590 Golden Gate Pkwy Ste 106 Naples, FL 34105 Site Name: Golden Gate Boat Dear Property Owner: CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980.202.5 596 WWW.TEPGROUP.NET Please be advised that formal applications have been submitted to Collier County seeking approval of a conditional use permit (Application #PL20200002584) and variance (Application #PL20210001301) for the following described property: 1680 Golden Gate Boulevard East, Naples, Florida 34117 (Parcel ID# 39382280001 ) The petitioner is asking the County to approve these applications to allow development of a 145' monopole communication tower for Verizon Wireless (140' tower with 5' lightning rod) on a 100' x 100' lease area of the above 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 September 9, 2021, from 5:00pm - 7:00pm pm at the Naples Wedding Barn located at 2250 28th Ave SE, Naples, FL 34117. The meeting will also be accessible through Zoom. Please see the login information below. https://tepgroui):zoom. us/i/85316895132?pwd=blJpUXpmVGZuMVJodOtCNndkNmIMUT09 Meeting ID: 853 1689 5132 Passcode:840996 Join by phone: (US) +1 828-490-9917 (PIN: 312182319) 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, Harold Timmons, Real Estate Specialist Tower Engineering Professionals 336-210-9684 hktimmons@tepgroup.net CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PM&E I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 I ►ot r av a0\ T ❑ W E R cNGINEERING ® PRO FES 9I0NALS August 19, 2021 Raul Moldovan 121 18th St SE Naples, FL 34117 Site Name: Golden Gate Boat Dear Property Owner: CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980.202.5 596 WWW.TEPGROUP.NET Please be advised that formal applications have been submitted to Collier County seeking approval of a conditional use permit (Application #PL20200002584) and variance (Application #PL20210001301) for the following described property: 1680 Golden Gate Boulevard East, Naples, Florida 34117 (Parcel ID# 39382280001) The petitioner is asking the County to approve these applications to allow development of a 145' monopole communication tower for Verizon Wireless (140' tower with 5' lightning rod) on a 100' x 100' lease area of the above 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 September 9, 2021, from 5:00pm - 7:00pm pm at the Naples Wedding Barn located at 2250 28th Ave SE, Naples, FL 34117. The meeting will also be accessible through Zoom. Please see the login information below. https://tepgrou p zoom us/4185316895132?pwd=bl J pUXPmVGZuMVJodOtCN ndkNm 1 M UT09 Meeting ID: 853 1689 5132 Passcode: 840996 Join by phone: (US) +1 828-490-9917 (PIN: 312182319) 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, Harold Timmons, Real Estate Specialist Tower Engineering Professionals 336-210-9684 hktimmons@tepgroup.net CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PMBE I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 I 111 w;v INST O W E R ENGINEERING ®. PROFESSIONALS August 19, 2021 Binsworth & Merle Robinson 110 16th St SE Naples, FL 34117 Site Name: Golden Gate Boat Dear Property Owner: CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC�72e8C2�7y7 980J 202.5 596 WWW.TEPGROUP.NET Please be advised that formal applications have been submitted to Collier County seeking approval of a conditional use permit (Application #PL20200002584) and variance (Application #PL20210001301) for the following described property: 1680 Golden Gate Boulevard East, Naples, Florida 34117 (Parcel 1D# 39382280001) The petitioner is asking the County to approve these applications to allow development of a 145' monopole communication tower for Verizon Wireless (140' tower with 5' lightning rod) on a 100' x 100' lease area of the above 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 September 9, 2021, from 5:00pm - 7:00pm pm at the Naples Wedding Barn located at 2250 28" Ave SE, Naples, FL 34117. The meeting will also be accessible through Zoom. Please see the login information below. https://tepgroup zoom.us/i/85316895132?pwd=blJpUXpmVGZuMVJodOtCNndkNml MUT09 Meeting ID: 853 1689 5132 Passcode:840996 Join by phone: (US) +1 828-490-9917 (PIN: 312182319) 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, Harold Timmons, Real Estate Specialist Tower Engineering Professionals 336-210-9684 hktimmons@tepgroup.net CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PM&E I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 i .e' t �..01:-.E-2SISIONALS O W E R NEERING August 19, 2021 Richard G & Gina M Shubert 1685 Golden Gate Blvd E Naples, FL 34120 Site Name: Golden Gate Boat Dear Property Owner: CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980.202.5 596 WWVW.TEPGROUP.NET Please be advised that formal applications have been submitted to Collier County seeking approval of a conditional use permit (Application #PL20200002584) and variance (Application 4PL20210001301) for the following described property: 1680 Golden Gate Boulevard East, Naples, Florida 34117 (Parcel !D# 39382280001) The petitioner is asking the County to approve these applications to allow development of a 145' monopole communication tower for Verizon Wireless (140' tower with 5' lightning rod) on a 100' x 100' lease area of the above 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 September 9, 2021, from 5:00pm - 7:00pm pm at the Naples Wedding Barn located at 2250 28`h Ave SE, Naples, FL 34117. The meeting will also be accessible through Zoom. Please see the login information below. https-.ilteggroup.zoom usli/85316895132?pwd=b1JpUXpMVGZuMVJodOtCNndkNm1MUT09 Meeting ID: 853 1689 5132 Passcode:840996 Join by phone: (US) +1 828-490-9917 (PIN: 312182319) 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, Harold Timmons, Real Estate Specialist Tower Engineering Professionals 336-210-9684 hktimmons@tepgroup.net CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PMRE I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 1 soy a�\ \� O E E Ci1R ENNEERING PROFESSIONALS August 19, 2021 Juan Arreguin Tinoco Maria Arreguin 1710 Golden Gate Blvd E Naples, FL 34120 Site Name: Golden Gate Boat Dear Property Owner: CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980, 202.5 596 WWW.TEPGROUP.NET Please be advised that formal applications have been submitted to Collier County seeking approval of a conditional use permit (Application #PL20200002584) and variance (Application #PL20210001301) for the following described property: 1680 Golden Gate Boulevard East, Naples, Florida 34117 (Parcel ID# 39382280001) The petitioner is asking the County to approve these applications to allow development of a 145' monopole communication tower for Verizon Wireless (140' tower with 5' lightning rod) on a 100' x 100' lease area of the above 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 September 9, 2021, from 5:00pm - 7:00pm pm at the Naples Wedding Barn located at 2250 281" Ave SE, Naples, FL 34117. The meeting will also be accessible through Zoom. Please see the login information below. https:lltepgroup zoom uslil85316895132?pwd=b1JpUXpmVGZuMVJodOtCNndkNmlMUT09 Meeting ID: 853 1689 5132 Passcode:840996 Join by phone: (US) +1 828-490-9917 (PIN: 312182319) 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, Harold Timmons, Real Estate Specialist Tower Engineering Professionals 336-210-9684 hktimmons@tepgroup.net CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PM&E I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 I I ►d® AWN \�� T O W E R ® ENGINEERING PROFESSIONALS August 19, 2021 Samuel Vargas 1720 Golden Gate Blvd E Naples, FL 34120 Site Name: Golden Gate Boat Dear Property Owner: CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980.202.5 596 WWW.TEPGROUP.NET Please be advised that formal applications have been submitted to Collier County seeking approval of a conditional use permit (Application #PL20200002584) and variance (Application #PL20210001301) for the following described property: 1680 Golden Gate Boulevard East, Naples, Florida 34117 (Parcel ID# 39382280001) The petitioner is asking the County to approve these applications to allow development of a 145' monopole communication tower for Verizon Wireless (140' tower with 5' lightning rod) on a 100' x 100' lease area of the above 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 September 9, 2021, from 5:00pm - 7:00pm pm at the Naples Wedding Barn located at 2250 281h Ave SE, Naples, FL 34117. The meeting will also be accessible through Zoom. Please see the login information below. https://tepgroup zoom us/i/85316895132'i)wd=b1,JpUXpmVGZuMVJodOtCNndkNm1MUT09 Meeting ID: 853 1689 5132 Passcode:840996 Join by phone: (US) +1 828-490-9917 (PIN: 312182319) 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, Harold Timmons, Real Estate Specialist Tower Engineering Professionals 336-210-9684 hktimmons@tepgroup.net CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PM&E I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 I r ®` 70 WE \; ENGIN LERING PROFESSIQNALS August 19, 2021 Lucan Will 1620 Golden Gate Blvd E Naples, FL 34120 Site Name: Golden Gate Boat Dear Property Owner: CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980.202.5 596 WWW.TEPGROUP.NET Please be advised that formal applications have been submitted to Collier County seeking approval of a conditional use permit (Application #PL20200002584) and variance (Application #PL20210001301) for the following described property: 1680 Golden Gate Boulevard East, Naples, Florida 34117 (Parcel ID# 39382280001) The petitioner is asking the County to approve these applications to allow development of a 145' monopole communication tower for Verizon Wireless (140' tower with 5' lightning rod) on a 100' x 100' lease area of the above 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 September 9, 2021, from 5:00pm - 7:00pm pm at the Naples Wedding Barn located at 2250 28`" Ave SE, Naples, FL 34117. The meeting will also be accessible through Zoom. Please see the login information below. https//tepgroup zoom us/j/85316895132?pwd=b1JpUX.pmVGZuMVJodOtCNndkNmlMUT09 Meeting ID: 853 1689 5132 Passcode:840996 Join by phone: (US) +1 828-490-9917 (PIN: 312182319) 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, Harold Timmons, Real Estate Specialist Tower Engineering Professionals 336-210-9684 hktimmons@tepgroup.net CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PM&E I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 Publication Date Subcategory 2021-08-25 Government Publications - Notices of Hearings Keywords: NEIGHBORHOOD INFORMATION MEETING Collier County NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood nxLeting held by Harold Timmons. of Tower Engineering Professionals, repnowating Veriron Wireless on: Thursday, September 9, 2021 at 5:00 p,m. ut Naples Wedding Ilam, 225028th Avenue SE., Naples, HL 34117 Subject Property: 1680 Golden Gate Bouhward East, Naples; Florida 34117, located generally on the south side of Golden Gate Boulevard East between 16th Street SE and 18th Street SE The ptopeny owner is petitioning Collier County for a conditional use permit and variance for the installation of a 145' monopole communication tower for Veriron Wifeless on a 100' x 100' portion of the propetiy. WE VALUF, YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Collier County staff. We will tx' adhering to social distancing protocols during the meeting, If you would rather not or am unable to attend this meeting, but have questions or comments of would like a link to virtually attend the nxxting, please contact: Harold Timmons, Real Estate Specialist Tower Fngineering Professionals hkl i m moos @ tepg roup. ae t (980)270-5057 View original file 1 /1 SIGN -IN SHEET EVENT: Neighborhood Information Meeting DATE: September 9, 2021 at 5:00 p.m. PLACE: Naples Wedding Barn RE: 1680 Golden Gate Boulevard East Wireless Communication Tower Conditional Use and Variance Applications Print Name Street Address Email Address ... . uy-41\, tU . . . . ....... jutk5 r t7 ""e / V 9 Q P t, I " Alva Ile, I L'A wrd QUQ HT-r�(�6eL "I S \; O W \\ E R Ry GINEEWG SSIONALS January 13, 2021 James Sabo Principal Planner Collier County Growth Management Department 2800 Horseshoe Drive N Naples, FL 34104 Hello, CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980.202.5553 WWW.TEPGROUP.NET Please see the following documents for a TIS waiver for a proposed new build telecommunications facility located at 1680 Golden Gate Boulevard East, Naples, FL 34117 — Parcel ID: 39382280001 - N 26o 13' 46.95" (NAD'83) W 81° 34' 20.47" (NAD'83). The proposed tower is a 140' monopole with a 17,160 sq. ft. area of construction. The proposed location is currently a vacant residential area in an Estates zoning district. All items that were requested from the pre -application process and the CU checklist have been compiled in this document. On average there will be one trip to the tower every three months for maintenance purposes. This project should be completely exempt from all traffic or parking requirements other than the fire requirements that address the driveway width and turnaround at the compound. It was suggested that we move the driveway to the eastern side of the property but the landlord has requested that it be on the western side. We would like to shift the proposed driveway entrance approximately 30 feet to the east to meet county ordinances. Please see the following images to support our proposal. If you have any questions or need to request any further information, please reach out to me at mbaker@tepgroup.net or directly through my cell phone at 916-385-4266. Thank you, Milton Baker Permitting Specialist Tower Engineering Professionals 7590 NW 20th Ct Sunrise, FL 33313 CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PM&E I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 1 lr� \ T ❑ W E R ENGINEERING �PROG'ESSIONALS Placing the driveway to the x east places the proposed r �r to the west, shadow- ing a current residence CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980.202.5553 WWW.TEPGROUP.NET JJPWR w IR CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PM&E I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 f O W E R ENGINEERING 0PROFES SIGNALS CHARLOTTE OFFICE 10700 SIKES PLACE, SUITE 360 CHARLOTTE, NC 28277 980.202.5553 WWW.TEPGROUP.NET I'WA solution could be to shift the proposed driveway entrance approximately 30 feehe east. Doing so would cause the distance between the center paints of the adja- cent driveway to be similar to that of other lots in the area. ar.:o- 6xn IIIVD C .I 40 - CIVIL I GEOTECHNICAL I SURVEY I INSPECTION I STRUCTURAL I PM&E I ENVIRONMENTAL I CONSTRUCTION I SITE ACQUISITION SERVICES Nationwide Since 1997 Wrracon June 16, 2022 Verizon Wireless 4700 Exchange Court, Suite 100 Boca Raton, Florida 33431 Attn: Mr. Justin Danahy E: justin.danaahy@verizonwireless.com Re: Flora Survey Proposed Telecommunication Tower Site Site Name: Golden Gate Boat - A Site Location Code: 585450 Golden Gate Boulevard East Naples, Collier County, Florida Terracon Project No. H1227531 Dear Mr. Danahy: 1675 Lee Road Winter Park, FL 32789 P (407) 740-6110 F (407) 740-6112 Terracon.com Terracon has prepared a summary of the flora survey for the proposed development plans regarding the above -referenced site. This work was performed in general accordance with our General Services Agreement effective December 21, 2021 (Contract No. CW2379520) between Terracon Consultants Inc, and Verizon Wireless. As requested, below is a summary of information pertaining to regulated flora species at the site. Site Information The site consists of a f2.81-acre parcel of vacant undeveloped land (identified as Collier County Parcel No. 39382280001) located at 1680 Golden Gate Boulevard East, Naples, Florida. The proposed development area is located on a 100-ft by 100-ft area on the north portion of the site. Additionally, a 155-ft long by 30-ft wide access/utility easement is proposed for site access (see attachments). It is our understanding that the site is proposed for a telecommunications tower development, however the portion of the site that is not located within the development area will remain undeveloped. Methodology The site was surveyed by a qualified biologist for the presence of plants listed as Rare and Less Rare per Collier County Land Development Code (CCLDC) § 3.04.03. The survey included conducting pedestrian line transacts oriented north -south, which investigated all habitat of listed plant species on the site. Habitat for epiphytic species was only surveyed within eight feet of the ground in accordance with the CCLDC. Each species encountered was identified in the field using the Guide to the Vascular Plants of Florida, V Edition (Wunderlin and Hansen, 2011), and Plant Identification Terminology: An Illustrated Glossary (Harris, 2001). Each species was then photographed and considered for onsite relocation based on the requirements outlined in CCLDC (see attachments for photos). The observations of the survey were then compiled and included in Table 1. Flora Survey Golden Gate Boat m Naples, Florida June 16, 2022 a Terracon Project No. H1227531 e erracon Flora Survey The site was reviewed by Cristina Lingvay on June 9, 2022. Terracon identified three species listed as Less Rare and no species listed as Rare on the site. All of the plants identified were found throughout the site - both within the development area and in the portion that is to remain undeveloped. Table 1 outlines the survey results: Table 1: Plant species listed as Rare and Less Rare - derived from the CCLDC. Species (Scientific State County Habitat Description Observations Names) Status Status Trunks and branches within natural mesic hammocks, hardwoods swamps Habitat present; no Butterfly Orchid Less and mangrove forests. Grows on live (Encyclia tampensis) Rare oaks, bald cypress, and mangroves. individuals identified on site. Central and southern peninsula into the Keys Trunks and stumps of cypress trees in Cowhorn Orchid swamps, branches of buttonwood trees No habitat present; no (Cyrtopodium E Rare in coastal upland hammocks. individuals identified punctatum) Monroe County Keys, Miami- Dade and on site. Lee counties Scrub and flatwood scrub habitats; Curtiss's Milkweed deep, sandy soil. Commonly now found No habitat present; no E Rare only in sites with disturbed soil (i.e., individuals identified (Asclep/as curtissii) trails, dirt roads, gopher tortoise on site. aprons) Florida Clamshell Trunks and branches of cypress, live No habitat present; no Orchid E Rare oak and buttonwood trees in swamps individuals identified and hammocks. Martin Lee Monroe, (Encyclia cochleata) and Miami -Dade counties on site. Trunks and branches in wet/swamp No habitat present; no Ghost Orchid E Rare hammocks and within hardwood individuals identified (Polyrrhiza lindenii) hammocks. Mostly found in Collier on site. count Dry and mesic hammocks, cypress Giant Wild Pine Less swamps, pinelands. Grows near salt Habitat present; E Rare water but is protected from direct salt individuals identified (Tillandsia utriculata) spray by other vegetation. Northern and on site. southern regions of Florida. Tree branches and bark. Scrub, pinelands, strand swamp, hammocks, Habitat present; Inflated Wild Pine Less mangrove, shell ridges/mounds (often (Tillandsia balbisiana) T Rare in open woods). Also known as: individuals identified northern needleleaf, airplant, coke on site. bottle airplant. Tree trunks, branches at all heights. Habitat present; Stiff -leaved Wild Pine Less Hammocks, cypress swamps, pinelands (Tillandsia fasciculata) E Rare with bright indirect light. g g Found in individuals identified central and southern Florida. on site. Exposed habitats, often near the coast; pinelands, scrub, shell mound, rockland Habitat present; no Twisted Air Plant T Less hammock, coastal berm swamps. individuals identified (Tillandsia flexuosa) Rare Found in Broward, Charlotte, Collier, Hendry, Highlands, Lee, Martin, Miami - on site. Dade Monroe Palm Beach Counties. West Coast Prickly Coastal vegetation, tropical coastal No habitat present; no Apple E Rare hammocks; shell and sandy mounds. individuals identified (Harrisia graci//s) Charlotte, Lee, and Sarasota counties. on site. Explore with us 2 Flora Survey /►/� Golden Gate Boat m Naples, Florida erracon June 16, 2022 w Terracon Project No. H1227531 Findings Terracon observed three species classified as Less Rare throughout the site (in order of most abundant to least abundant): the stiff -leaved wild pine, giant wild pine, and inflated wild pine. The density and distribution of these species was generally consistent throughout the site - within the proposed development area and in the portion of the site proposed to remain undeveloped. The density was estimated to be approximately 5 Tillandsia species per 25 square feet throughout the site. Plant Relocation The southern portion of the site was designated as the onsite preserve because it is not proposed to be developed. Because the onsite preserve already contained all three species, relocation is not necessary per CCLDC § 3.04.03. However, Terracon relocated two individuals of each species to the preserve as an extra conservation measure. Plants inside the proposed development area were selected for relocation based on their appearance of general health and viability - for example, larger specimens with more vibrant leaves and/or flowers were selected over smaller specimens with damaged or dull leaves/flowers. The relocation site within the preserve was chosen based on distance to the development area, and the similarity in habitat in which the individual was removed from. The plants that were selected for relocation were then carefully removed from the tree on which they were attached to, then transported to the relocation site and placed onto a new tree. Conclusion The site was surveyed for plants listed as Rare and Less Rare in accordance with CCLDC § 3.04.03. Three Tillandsia species listed as Less Rare were identified, and no other listed species were identified on the site. The southern portion of the site that is proposed to remain undeveloped was designated as the onsite preserve for the purposes of the plant relocations. Although the onsite preserve already contained all three species, two individuals of each species were relocated to the onsite preserve as an additional conservation measure. Therefore, no additional coordination with Collier County should be required for these species. We appreciate the opportunity to provide this service. If you have questions or comments regarding this letter or require additional services, please give us a call. Sincerely, Terracon Consultants, Inc. Cristina Lingvay Field Scientist (407)618-8380 Cristina.lingvay@terracon.com Attachments: Site Photographs Site Plans Resumes Gary K. Howalt, PWS Sr. Principal/Sr. Scientific Consultant (904) 470-2214 Gary.howalt@terracon.com Explore with us 3 Flora Survey Golden Gate Boat m Naples, Florida June 16, 2021 im Terracon Project No. H1227531 Photo #1 Example of an Inflated Wild Pine Photo #3 Example of a Stiff -leaved Wild Pine Photo #5 Example of a Giant Wild Pine erracon Photo #2 Inflated Wild Pine, pre -relocation Photo #4 Stiff -leaved Wild Pine, post - relocation Photo#6 Giant Wild Pine, post -relocation S ~ w0� Lo ��Unz ffV1 R9 C ' >>0 a G(Hno�/za») a rvonn/�1ca'n'lo z Nm U Z N W � wz 1 I 1 I 1 I I I --- ---- - a+w - ----- - 1 1 1 1 I 1 1 I 1 U I � I I 1IC 1 Nm 1 I zw x> w Z 1 I UU Ow U QQ�-Q ZNF pF oa pUw ¢Z a - - zNN z wa oZOa € wpow a = zryS� N m-'z °a°w o 00 0 ~�ttNWN �X QYFYW W ¢liS F SOW Z 4 Z Z ��- w O \ w N p ¢ p O Z U z �= p w Z�. kQ h Q p�p?Up Q �pN z Z ONpwwN 0PM WU4,ZW ZpO m Q �F Qt -w NKOp� O NUW w zzmo�w �z �azoz a o¢ I O zd Qp Q•• w o F U NO�waZ mm �zazo a w�F O Z OU O K F¢ Z- o<- O E N Z N Z ttw\�a(ii Fw zM- `s+ H Q Z 11 2 Q O K Z pW w p 0 mz- d 0 trf Nw�O pU W �O W Z Wd pNQO O Q~UN p 6 U Z Qa N hFZOOQ �Ow O �- �F¢o o¢-•FF W QOwzw w F IN III a T O� >ZZ Q6Y �. wwY ZzQO aa�I Ui ¢ Q K N F 7 w ¢ K K N> a a M a O p m 0 2 O a avoi m3oo�t~iia��-�, z � N n a W N II I I I ..o-sc -j x zW Owl N N N > W W ONO OU OQN O r.._..� I I L.._..J ® l --•a+w----r v gy N p R O x w W F J W N Z H Z W a p w d K y w a 3 w Q o 3 z a U w O z W In O N (> < X w w _N w a w w O K 2 U _ w J 1 1 I 1 1 I I 1 V- 8 0 ~ -4W0 i vp r p O F� aWQ$F o� c M ����Y°� Jg = J o F2CL api a =w °y°o N gW W=< W.nLL Ci Sit 0 0 N a g N>>0 , 0 �f �pYq�p011 h ,p z . • i 1 N 1 1 0 1 10� 0" 0 0 I N 40'-0" i ! i x x —� 1 C I 1 p I 1 * 1 ! x I ! i 1 I 1 I o j m L v� 1 1 LI R� lug 50'-0" Cristina Lingvay FIELD SCIENTIST / ENVIRONMENTAL PLANNING PROFESSIONAL EXPERIENCE Ms. Lingvay is a Field Scientist in Terracon's Winter Park Office. Ms. Lingvay's role at Terracon primarily consists of acting as Project Manager and facilitating field support for a variety of environmental planning services in the commercial and government sector. Ms. Lingvay has 2 years of experience as an environmental professional, with expertise in environmental surveying, monitoring, and remediation in terrestrial, freshwater, and marine ecosystems. Her services include wetland delineation, wetland permitting assistance, wetland mitigation plans and monitoring, wetland functional assessment, listed species surveys and permitting, and agency consultation. PROJECT EXPERIENCE Lake Placid Solar — Listed Species Surveys Field Scientist on this solar farm project in Highlands County. The scope of services included formal surveys for the Audubon's crested caracara. Hildreth Solar Power Plant — Gopher Tortoise Surveys & Relocations Field Scientist on this solar farm project in Suwannee County. The scope of services included formal surveys for the Gopher Tortoise, and directon of backhoe operations to locate and remove Gopher Tortoises under the supervision of an FWC Authorized Gopher Tortoise Agent. Pine Hills Affordable Housing — Due Diligence Environmental Services Project manager and field scientist providing environmental planning services for a proposed multi -family housing project in Orlando. The scope of services included a general listed species survey, a wetland assessment and delineation, and a Phase I Environmental Site Assessment. Lake Worth Lagoon — Shorline Characterization Mapping* An interactive shapefile of the shoreline in Lake Worth Lagoon was created in ArcMap to be used as a tool for Palm Beach County Environmental Resource Managers to prioritize the direction of shoreline restoration efforts. Data provided by PBC Environmental Resource Managers was analyzed to highlight the shorelines and bulkheads most immediately elegible for remediation. This product was presented at UCF's Student Scholar Symposium. EDUCATION Bachelor of Science, Biology — Marine and Aquatic University of Central Florida, 2021 YEARS WITH TERRACON: <1 CERTIFICATIONS Florida Boater's Lisence AFFILIATIONS Coastal Estuarine and Ecology Lab (UCF) Florida Association of Environmental Professionals Work performed prior to joining Terracon. Canaveral National Seashore — Shoreline Stabilization and Oyster Reef Restoration* Research Assistant for ecosystem restoration in Mosquito Lagoon. The scope of services included fabricating experimental restoration materials, deploying restoration materials, and monitoring restored sites. Other responsibilities incldued growing cordgrass, red, white, and black mangroves as bioremediators. Seagrass surveys were also done on an annual basis; the data collected from these surveys were contributed to the Long Term Ecological Research Network. it Terracon consultants, Inc. Cristina Lingvay (continued) Electric Knifefish Lab — Animal Behavior Research* Laboratory Technician for behavioral research questions of Amazonian electric knifefish at UCF. The scope of services included specimen dissection, data collection and recording, and data analysis. 1r Terracon consultants, Inc. Resume Gary K. Howalt, PWS Senior Scientific Consultant/Senior Principal PROFESSIONAL EXPERIENCE Gary has over 43 years of diverse technical and project management experience in environmental assessment programs, including 34 years with Terracon Consultants, Inc. His experience includes the collection and analysis of biological materials, water quality and quantity, and sediment samples from a variety of freshwater, estuarine, and marine environments; wildlife habitat analysis; and wetlands and endangered species ecology and permitting. He has performed the ecological assessments needed to identify development potential and constraints to development for a variety of industrial, public and private utility, commercial, residential and highway projects. He also assists in designing, implementing, and monitoring mitigation plans to create wetlands and the restoration of native habitats. In addition, Gary negotiates and coordinates activities with the various federal, state and local environmental agency representatives during his permitting efforts. He has been involved in various wildlife reports and field surveys for protected species on projects that require permitting and coordination with federal, state and local wildlife agencies for biological opinions and permitting regarding endangered, threatened and other protected species. His responsibilities extend to the management of interdisciplinary projects, assigning and supervising personnel performing environmental services, client liaison, and participation in agency hearings and workshops. PROJECT EXPERIENCE The District Mixed Use Development, District Community Development District - Duval County FL Wetland assessment, delineation and permitting, endangered/threatened species surveys and cultural resource assessment Cape Canaveral National Cemetery, Department of Veterans Affairs - Brevard County, FL Site Specific Environmental Assessment of the Gravesite Expansion and Cemetery Improvements for Phase II of the National Cemetery Black Creek Water Resource Development Project, St. Johns River Water Management District - Clay County, FL Wetland assessment, delineation and permitting, endangered/threatened species surveys and cultural resource assessment EDUCATION Bachelor of Arts, Biology, University of South Florida, 1977 AFFILIATIONS American Water Resources Association Florida Section American Water Resources Association Society of Wetland Scientists Florida Engineering Society CERTIFICATIONS Certified Wetland Delineator, ACOE Professional Wetland Scientist, PWS Certified SCUBA Diver FDEP Field Sampling Training Course for Groundwater/Soil, Surface Water, Wastewater, Sediment, Ultra - trace Metals, and Biology/Habitat Health & Safety Training Course for Hazardous Waste Sites — 40 hours OSHA Program Resume Gary K. Howalt, PWS (continued) Canaveral Port Authority, Environmental Consulting Services - Brevard County, FL Wetland assessment and permitting, endangered/threatened species surveys Levy Nuclear Plant - Levy, Citrus, Marion, Pasco, Hernando, Pinellas Counties, FL Wetland mitigation plan JEA, Environmental Consulting Services - Duval County, FL Wetland assessment and permitting, endangered/threatened species surveys, permitting and relocation Florida Power and Light Company, Environmental Consulting Services Statewide - Juno Beach, Palm Beach County, FL Wetland assessment and permitting, endangered/threatened species surveys Kingsland Business Park - Camden County, GA Wetland assessment and permitting, endangered/threatened species surveys World Commerce Center Development of Regional Impact (DRI) - St. Johns County, FL Wetland assessment and permitting, endangered/threatened species surveys Bartram Park Development of Regional Impact (DRI) - Duval and St. Johns County, FL Wetland assessment and permitting, endangered/threatened species surveys Canaveral Port Authority, Multimodal Terminal - Brevard County, FL Environmental feasibility assessment of a barge rail terminal Canaveral Port Authority, SR 528 Rail Corridor Study - Brevard County, FL Wetland and endangered species assessment Kennedy Space Center to Port Canaveral, Brevard Crossing - Brevard County, FL Feasibility assessment of rail alignment and environmental impact assessment Canaveral Port Authority SR524 Parcel, Brevard Crossing - Brevard County, FL Ecological due diligence JAXPORT Intermodal Container Transfer Facility - Duval County, FL Environmental permitting, gopher tortoise assessment and permitting, historic gun range cleanup 7 erracon Resume Gary K. Howalt, PWS (continued) JAXPORT Dames Point Marine Terminal - Duval County, FL TraPac stormwater pond littoral shelf planting design and monitoring Norfolk Southern Corporation Railroad Y-track addition and railroad track extension, Westlake Industrial Park - Duval County, FL Environmental assessment and permitting St. Johns Forest single family residential development - St. Johns County, FL Wetland assessment and permitting, endangered/threatened species surveys Florida Communities Trust Grant Application, Management Plan Development, Preservation Project Jacksonville, City of Jacksonville - Duval County, FL Wetland assessment and permitting, endangered/threatened species surveys Wills Branch, City of Jacksonville - Duval County, FL Drainage improvement study CR 210 and US 1 Interchange - St. Johns County, FL FDOT design build, wetland and endangered & threatened species assessment, permitting MLK Interchange - Duval County, FL FDOT design build, wetland and endangered & threatened species assessment, permitting San Sebastian Bridge Replacement - St. Johns County, FL FDOT design build, wetland and endangered & threatened species assessment, permitting, mitigation planting and monitoring SR 9B Phase I - Duval County, FL FDOT design build, wetland and endangered & threatened species assessment, permitting, mitigation planting and monitoring FDOT District 2, Districtwide Environmental Services Contract Wetland and endangered & threatened species assessment, permitting, mitigation planting and monitoring 1-95 Overland Bridge - Duval County, FL FDOT Project Development and Environment (PD&E) assessments for wetlands and protected species, wetland delineation, permitting A jp6l Milt[ - mu"11 gj (A m 0 g4l 111 4 ;v 1�spm ! 1 r 1 1 Im W. z lo 0 5 g N q Ca 0 CD C 0 CHIM z 1 -1111 ' 'M. jill V.11 F i . . 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Sunrise, FL 33313 ZLTR-PL20200002389; Zoning Verification Letter for a vacant property located at 1680 Golden Gate Blvd E AKA Golden Gate Estates Unit 65 W 105ft of Tract 53 in Section 17, Township 48, Range 28 unincorporated Collier County, Florida. Property ID/Folio Number: 39956400000 comprising of +/- 1.59 acres. Mr. Baker, This letter is in response to a Zoning Verification Letter (ZLTR) Application that you submitted on or about November 190', 2020. The applicant has requested verification that a new telecommunication tower can be constructed on the subject property. Zoning: The current official zoning atlas, an element of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended, reveals the subject property is located within the Estates (E) zoning district. Determination: According to LDC 5.05.09.G.1 Development standards for communication towers, no new tower of any height shall be permitted in the RSF-1 through RSF-6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection 5.05.09.F.7, towers may be allowed to any height as a conditional use in the E zoning district only on sites approved for a specified essential service. Furthermore, according to the Rural Golden Gate Estates Sub -element of the Golden Gate Area Master Plan (GGAMP) "Conditional Use for a cellular tower be 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." Based on the attached roadway snap Golden Gate Blvd is a collector roadway and thus would be permitted by the Collier County Future Land Use Element (FLUE). It is therefore the determination of zoning staff that a to permit a telecommunication tower on the property approval of a conditional use will be required to build the proposed tower on the subject Estates (E) zoned property. The information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. e Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov Zoning Verification Letter ZLTR-PL20200002389 Page 2 of 2 This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.0LA and 10.02.02.F.1 of that Code. The fee for an Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact Kathleen VanSickle with the GMD Records Section at (239)252-2536. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier Comity. Validated Ordinances may be viewed online via the Clerk of Court's website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Disclaimer: Issuance of a development permit by the County does not create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Should you require additional infonnation, please do not hesitate to call my office at (239) 252-2471. Researched and prepared by: p�81EN 9, W waP ,a+er KIopfParker'.. DC 9pov ° -Z Cm,0.'l l!mo: asz �z-za>, mm, Parker Klopf, Planner Zoning Services Section Reviewed by: signed bellows r D 1e:1ly 2020.12.157 06 36 31 bellows—r —-05'00' Raymond Bellows, Zoning Manager Zoning Services Section 0 Zoning Division • 2800 North Horseshoe Drive 9 Naples, FL 34104 9 239-252-2400 0 WWW.CDlliercountyfl.gov Collier County Property Appraiser Property Summary _ Site 1680 Parcel No 39382280001 Address GOLDEN Site City NAPLES' Site Zone 34117 *Disclaimer E ATE BLVD *Note Name / Address ! ELAH HOLDINGS LLC 2590 GOLDEN GATE PKWY STE 106 City NAPLES State FL Zip 34105 Map No. Strap No. Section Township Range ! Acres *Estimated 4CO2 342700 20 04CO2 2 49 27 2.81 Legal GOLDEN GATE EST UNIT 51 E 180FT OF TR 20 OR 1716 PG 858 ills a Area a 61 ills a es 0 *Calculations Sub./Condo 342700 - GOLDEN GATE EST UNIT 51 School Other Total Use Code 0 0 - VACANT RESIDENTIAL 5.016 6.2924 11.3084 Latest Sales History 2020 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book -Page Amount Land Value $ 64,300 09/29/20 5 -315 $ 22,600 improved Value $ 0 11/14/12 4 54-2 35 $ 16,000 ( Market Value $ 64,300' 01/19/06 9 8-8 $ 195,000 1_) 10% Cap $ 35,280 05/19/92 1716-858 $ 13,500 Assessed Value $ 29,020 03/01/92 1 4-23 162-1771 $ 0 $ p {=> School Taxable Value $ 4,30 10/01/91 10/01/91 1-176 $ p (_) Taxable Value $29,020 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site 1680 Parcel No 39382280001 Address GOLDEN Site City NAPLES Site Zone 34117 *Disclaimer GATE BLVD *Note Q .en GIS in a�; .� rn O C) o LO V60390 Z d' Ln 0 O U J Z 0 Z N Q ~ O twn -D r O N U r � W N H r > ltlNVO 0 a U 3 '3'N 133tl1S ONZZ f m m $ m m $ m 3 m ro S n ^ ^ n n ^ a s 'TN 133ws N10Z n g Q W^ L ^ G '3'N 133i11S N181 € � � m n � '3'11 133l11S H191 / - 96f-f6 a Cv O w H m z w Wcff � J C) D_ 2 w d 5 !n m% N a $� H U m Z _ I i HLB I I �F I � 65 N _ a a _ F Y '3'N 133NLS H14t \ 1 g 1 i i ^ W e '3 2llm'N 133S H1ZLg ' v i I 3'N 1332LLS HLOL ltlNtl0 ro m LLJ $ tv Z p W„" W Wl WO Q o ¢ c {?IpJ z 0 W r ' J O W Q ap Z A. _ a0 z W m z 0 0*-. z 0 0 O LL J Q z 0 5 z In J W W U. GOLDEN GATE AREA MASTER PLAN RURAL GOLDEN GATE ESTATES SUB -ELEMENT Prepared by Collier County Zoning Division Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted September 24, 2019 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN GOLDEN GATE AREA MASTER PLAN: RURAL GOLDEN GATE ESTATES SUB -ELEMENT DATE AMENDED ORDINANCE NO. TABLE OF CONTENTS Paqe A. Goals, Objectives and Policies 1 B. Land Use Designation Description Section 9 1. ESTATES DESIGNATION 9 A. Estates — Mixed Use District 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict 4. Mission Subdistrict 5. Everglades — Randall Subdistrict B. Estates - Commercial District 16 1. Randall Boulevard Commercial Subdistrict 2. Estates Shopping Center Subdistrict 2. AGRICULTURE/RURAL DESIGNATION 26 A. Agricultural/Rural Settlement Area 3. OVERLAYS AND SPECIAL FEATURES 26 A. Southern Golden Gate Estates Natural Resource Protection Overlay C. List of maps 27 Rural Golden Gate Estates Future Land Use Map Golden Gate Estates Neighborhood Centers Wilson Boulevard/Golden Gate Boulevard Neighborhood Center Golden Gate Boulevard/Everglades Boulevard Neighborhood Center Immokalee Road/Everglades Boulevard Neighborhood Center Randall Boulevard Commercial Subdistrict Mission Subdistrict Estates Shopping Center Subdistrict Estates Shopping Center Subdistrict Conceptual Plan Everglades — Randall Subdistrict Immokalee Road/Randall Boulevard Planning Study Area Golden Gate Area Master Plan: Rural Golden Gate Estates Sub -Element as of Ordinance No. 2019-26 adopted September 24, 2019 c. Merchandizing Machine Operators (5962) d. Power Laundries (7211) e. Crematories (7261) (Does not include non -crematory Funeral Parlors) f. Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331) g. NEC Recreational Shooting Ranges, Waterslides, etc. (7999) h. General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) I. Elementaryand Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) j. Libraries (8231) k. Correctional Institutions (9223) I. Waste Management (9511) m. Homeless Shelters and Soup Kitchens. xxi. The following additional restrictions and standards apply to Tract 124 and the north 150 feet of Tract 126, within the southwest quadrant of the Wilson Boulevard and Golden Gate Boulevard Center: a. Commercial uses shall be limited to the following: 1. medical offices and clinics and professional offices, except surveyors; and, 2. medical related uses, such as a wellness center. b. The ordinance rezoning this property to allow commercial uses shall include the following requirements: 1. no less than sixty percent (60%) of the gross square footage shall be designated for medical offices and clinics; and, 2. parking for the entire project shall be that required for medical office or clinic use by the Land Development Code (Ordinance No. 04-41, as amended), so as to allow 100 percent medical office use. c. Parking lot lighting shall be restricted to bollards except as may be required to comply with lighting standards in the Land Development Code (Ordinance No. 04-41, as amended) and other governing regulations. d. The Neighborhood Center boundaries of this quadrant shall not be further expanded. 3. Conditional Uses Subdistrict Various types of conditional uses are permitted in the Estates zoning district within the Rural Golden Gate Estates area. In order to control the location and spacing of new conditional uses, one of the following four sets of criteria shall be met: a. Essential Services Conditional Use Provisions: Those Essential Services Conditional Uses, as identified within Section 2.01.03 G. of the Collier County Land Development Code, may be allowed anywhere within the Estates Zoning District, except as prohibited in certain Neighborhood Centers, and are described as: 1. electric or gas generating plants, 2. effluent tanks, 3. major re -pump stations, 13 Golden Gate Area Master Plan: Rural Golden Gate Estates Sub -Element as of Ordinance No. 2019-26 adopted September 24, 2019 4. sewage treatment plants, including percolation ponds, 5. hospitals and hospices, 6. water aeration or treatment plants, 7. governmental facilities (except for those Permitted Uses identified in Section 2.01.03 of the Land Development Code), 8. public water supply acquisition, withdrawal, or extraction facilities, and 9. public safety service facilities, and other similar facilities. b. Neighborhood Center Transitional Conditional Use Provisions: Conditional uses shall be allowed immediately adjacent to designated Neighborhood Centers subject to the following criteria: 1. Properties eligible for conditional uses shall abut the arterial or collector road serving the Neighborhood Center, 2. Such uses shall be limited to transitional conditional uses that are compatible with both residential and commercial such as neighborhood churches, social or fraternal organizations, childcare centers, schools, and group care facilities, 3. All conditional uses shall make provisions for shared parking arrangements with adjoining developments whenever possible, 4. Conditional uses abutting Estates zoned property shall provide, at a minimum, a 75-foot buffer of native vegetation in which no parking or water management uses are permitted, 5. Conditional uses adjoining the commercial uses within Neighborhood Centers shall, whenever possible, share parking areas, access and curb cuts with the adjoining commercial use, in order to facilitate traffic movement. c. Transitional Conditional Uses: Conditional uses may be granted in Transitional Areas. A Transitional Area is defined as an area located between existing non-residential and residential areas. The purpose of this provision is to allow conditional uses in areas that are adjacent to existing non-residential uses and are therefore generally not appropriate for residential use. The conditional use will act as a buffer between non-residential and residential areas. The following criteria shall apply for Transitional Conditional Use requests: 1. Site shall be directly adjacent to anon -residential use (zoned or developed); 2. Site shall be 2.25 acres, or more, in size or be at least 150 feet in width and shall not exceed 5 acres; 3. Site abutting Estates zoned property without an approved conditional use shall provide, at a minimum, a 75-foot buffer of native vegetation in which no parking or water management uses are permitted; 4. Site shall not be adjacent to a church, neighborhood church or other place of worship, school, social or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; 5. Site shall not be adjacent to parks or open space and recreational uses; and 6. Site shall not be adjacent to permitted (by right) Essential Service uses, as identified in Section 2.01.03 of the Land Development Code, except may be located adjacent to libraries and museums. 14 Golden Gate Area Master Plan: Rural Golden Gate Estates Sub -Element as of Ordinance No. 2019-26 adopted September 24, 2019 d. Special Exceptions to Conditional Use Locational Criteria: 1. Temporary use (TU) permits for model homes, as defined in the Collier County Land Development Code, may be allowed anywhere within the Estates -Mixed Use District. Conditional use permits for the purpose of extending the time period for use of the structure as a model home shall be required, and shall be subject to the provisions of Section 5.04.04.B. and C. of the Collier County Land Development_ Code, Ordinance No. 04-41, as amended. Such conditional uses shall not be subject to the locational criteria of the Conditional Uses Subdistrict, and may be allowed anywhere within the Estates -Mixed Use District. 2. Conditional Use permits for excavation, as provided for in the Estates zoning district, are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates -Mixed Use District. 3. Conditional Use for a church or place of worship, as provided for in the Estates zoning district, is allowed on Tract 22, Golden Gate Estates, Unit 97 (See Special Exception to Conditional Use Location Criteria Map). 4. Conditional Use for a cellular tower be allowed anywhere 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. 4. Mission Subdistrict The Mission Subdistrict is located on the south side of Oil Well Road, approximately one - quarter mile west of Everglades Boulevard, and consists of 21.72 acres. The purpose of this Subdistrict is to provide for churches and related uses, including community outreach. The following uses are allowed: a. Churches. b. Child care centers — must be not -for -profit and affiliated with a church within the Subdistrict. c. Private schools — must be not -for -profit and affiliated with a church within the Subdistrict. d. Individual and family social services (activity centers, elderly or handicapped only; day care centers, adult and handicapped only) — must be not -for -profit and affiliated with a church within the Subdistrict. e. Medical outreach to the community, to include activities such as administering influenza vaccine, checking blood pressure, and conducting blood donation drives — must be not -for -profit and affiliated with a church within the Subdistrict. Soup kitchens and homeless shelters are prohibited in this Subdistrict. The maximum total floor area allowed in this Subdistrict is 90,000 square feet. The maximum height of buildings shall be 30 feet zoned height, except the worship center shall be permitted a zoned height of 35 feet. Development in this Subdistrict shall be designed to be compatible with the existing, and allowed future, development in the surrounding area. In the alternate to the foregoing uses, measures of development intensity, and development standards, this Subdistrict may be developed with single family dwellings in accordance with the Residential Estates Subdistrict. Property adjacent to this Subdistrict shall not qualify for the Transitional Conditional Use. 15 5.05.09 - Communications Towers A. Purpose and intent. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as, but not limited to, telephone, television, radio, or microwave transmissions. This section sets standards for construction and facilities siting; and is intended to minimize, where applicable, adverse visual impacts of towers and antennas through careful design, siting, and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and, thereby, to minimize the need to construct new towers ; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers ; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. B. Definitions unique to communications towers , section 5.05.09. 1. As used herein " antenna " does not include (a) wire antennas or (b) "receive only" dishes that have an outside diameter of less than 40 inches. 2. Effective radius means a radius of 6 miles from the respective tower unless a lesser radius is approved. 3. Lesser effective radius means an approved radius of less than 6 miles. 4. " Unavailable to the applicant " means a tower that cannot accommodate the applicant's proposed antenna or a site that cannot accommodate the applicant's tower, antenna, and related facilities. 5. " Unavailable " means that no additional tower or site capacity is available to anyone. C. Migratory Birds and other Wildlife Considerations. 1. Ground Mounted towers. Except to the extent not feasible for the respective new ground mounted tower 's intended purpose(s), each new ground mounted tower that will exceed a height of 75 feet (above ground), exclusive of antennas, but will not exceed a height of 199 feet above natural grade , exclusive of antennas, should not be guyed. if the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower. 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after February 20, 2004, greater then 75 feet in height above natural grade , exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). 3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and other on -site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on -site and adjacent habitat fragmentation and/or disturbances. 4. Security Lighting . When feasible, security lighting to protect on -ground facilities/equipment shall be down -shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint. D. Shared use of towers . A tower with a height in excess of 185 feet above natural grade shall not be approved, unless the applicant demonstrates that no old or approved tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment. Towers owned by or leased to any government are exempt from these shared use provisions, except as to sharing with other governments. 1. For the purpose of discovering availability for use of towers within the effective radius, the applicant shall contact the owner of all old and approved towers , within the effective radius, that can possibly accommodate the needs of the applicant . The county manager or designee may preapprove the minimum allowable height to determine which towers may be available for use by the applicant . A list of all owners contacted, the date of each contact, the form and content of each contact, and all responses shall be a part of the conditional use application. As an accommodation to applicants , the county manager or designee shall retain all shared use plans, records of past responses, and a list of old and approved towers . If the owner of an old tower does not respond to the applicant's inquiry within a reasonable time, generally 30 days or less, or the owner of an old tower will not rent space to the applicant at a reasonable rental for a reasonable time period, such old tower shall be deemed unavailable to that applicant . If the old tower is a nonconforming structure , additional antennas may be installed thereon in accordance with an approved shared use plan, provided however, no structural alterations may be made to the tower , and the height of the tower inclusive of its antennas may not be increased. 2. Lesser effective radius. If the applicant asserts that the effective radius for the intended use is less than 6 miles, the applicant shall provide evidence that the asserted lesser effective radius is based on physical and/or electrical characteristics. Based on the evidence submitted by the applicant , the County Manager or designee may establish a lesser effective radius. If a radius can be increased by signal amplification or other means, such means must be considered in determining the lesser effective radius. The antenna manufacturer's specifications shall be conclusive, unless the applicant can prove they are incorrect in the specific case. 3. If an approved tower within the applicant's approved effective radius may have capacity available for the antenna proposed by the applicant , the application for a new tower shall not be complete without the following information regarding each such possibly available approved tower. Such information shall also be provided for old towers to the extent it can be obtained. Identification of the site of each possibly available tower by coordinates, street address or legal description, existing uses, and tower height. Whether shared use by the applicant of the tower is prohibited (or is not feasible) for any reason. If it has been determined that the tower owner will allow structural changes, whether the tower can accommodate the proposed antenna if reasonable structural changes are made. If so, the applicant shall specify what structural changes would be required and an approximation of the costs of such changes. If the costs of the required changes are financially impracticable, such tower shall be deemed unavailable to the applicant . 4. The applicant shall contact the owner of each possibly available approved tower to request the needed information. To enable the tower owner to respond, the applicant shall provide the following information regarding the applicant's proposed antenna and equipment: a. All output frequencies of transmitter. b. Type of modulation, polarization of radiation, and proposed use of antenna. c. Manufacturer, type, manufacturer's model number, a diagram of the antenna's radiation pattern, and the manufacturer's specifications. d. Power input to antenna and gain of antenna in decibels with respect to an isotopic radiator. e. Range in feet of maximum and minimum height of antenna above base of tower. f. A list of necessary ancillary equipment and description of the type of transmission cable to be used. g. Any other pertinent information needed to enable the owner to respond in full to the inquiry. E. Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade shall not be approved on a new tower site unless the applicant demonstrates that the proposed tower, antennas, and accessory structures or uses cannot be located on any conforming old site or approved site situated within the effective radius. Sites owned by any government or leased to any government are exempt from these shared use provisions except to other governments. 1. Except as to each old site or approved site determined by the County Manager or designee, or in a shared use plan to be unavailable to the applicant , the applicant shall contact the owner of all other conforming old sites and approved tower sites, within the effective radius, containing sufficient land area to possibly accommodate the needs of the applicant. 2. For each such possibly available tower site, the application for a new tower site shall not be complete without the following information: a. Identification of the proposed new tower site by coordinates, street address or legal description, area, existing uses, topography, and significant natural features. b. Evidence that no old and no approved tower site within the effective radius can accommodate the applicant's needs. C. If the owner of an old tower site does not respond to the applicant's simple letter of interest inquiry within thirty (30) days, or the owner of an old tower site will not rent land to accommodate the applicant's needs for a reasonable period of time at reasonable rentals, such old tower site shall be deemed unavailable to the applicant. d. The applicant is not required to supply this information to owners of conforming old sites unless the old site appears to be available to the applicant by a shared use plan or the site's owner has responded positively to the applicant's initial letter of inquiry. To enable the site owner to respond, the applicant shall provide the site owner (and the owner of any tower on the site) with the dimensional characteristics and other relevant data about the tower , and a report from a professional engineer licensed in the State of Florida, or other qualified expert, documenting the following: e. tower height and design, including technical, engineering, and other pertinent factors governing the intended uses and selection of the proposed design. An elevation and a cross section of the tower structure shall be included. f. Total anticipated capacity of the tower , including number and types of antennas and needed transmission lines, accessory use needs including specification of all required ancillary equipment, and required building and parking space to accommodate same. g. Evidence of structural integrity of the proposed tower as required by the building official and, for metal towers , a statement promising full compliance with the then latest edition of the standards published by the Electronic Industries Association (currently EIA/TIA 222-E), or its successor functional equivalent, as may be amended for local application. 3. If the site owner, or owner of a tower on the respective site, asserts that the site cannot accommodate the applicant's needs, the respective owner shall specify in meaningful detail reasons why the site cannot accommodate the applicant . To the extent information is current and correct in the respective tower site's approved shared use plan, the site owner or tower owner can refer the applicant to the respective shared use plan. If the shared use plan is not then up-to-date, the plan shall be brought up-to-date immediately by the owner and the written reply to the applicant shall specify to what extent the shared use plan is incorrect, incomplete, or otherwise not up-to-date. 4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease -option, contract for deed, or other controlling document shall provide, or have the effect, that the site is exclusive to one (1) tower , unless there is good reason for such restriction, other than the prevention of competition or a desire or inclination not to cooperate in good faith. If the site size is physically and electrically compatible with the installation on -site of any other tower , no such document shall prevent other towers , except for reasons approved by the County Manager or designee. An unapproved document provision of tower exclusivity shall be grounds to disapprove an application for tower site approval. F. Required sharing. Each new tower in excess of 185 feet in height (shared use tower ), except towers that are approved to be perpetually unavailable, shall be designed to structurally accommodate the maximum amount of additional antenna capacity reasonably practicable. Although it is not required that a new tower be constructed at additional expense to accommodate antennas owned by others, no new tower shall be designed to accommodate only the tower owner's proposed antennas when, without additional expense, antenna space for other owners can be made available on the tower. 1. Shared use plans. Each shared use plan shall be in a standard format that has been approved by the County Manager or designee. Each shared use plan shall specify in detail to what extent there exists tower and/or site capacity to accommodate additional antennas and/or additional towers , ancillary equipment, and accessory uses . Available antenna capacity on a tower shall be stated in detailed clearly understandable terms, and may be stated in equivalent flat plate area and total additional available transmission line capacity. The tower owner (as to tower shared use plans) and the landowner (as to site shared use plans) shall update its respective approved shared use plans by promptly filing pertinent update information with the County Manager or designee. Owners of old towers and/or old sites may file shared use plans in accord with this section. 2. Reservation of capacity. If an applicant for a shared use tower does not plan to install all of its proposed antennas during initial construction of the tower , the applicant must specify the planned schedule of installing such later added antennas as part of the shared use plan. An applicant cannot indefinitely prevent the use of unused available antenna space on a tower by reserving to itself such space. No available space can be reserved for the owner or anyone else, unless approved in the shared use plan. If an antenna is not installed by the scheduled deadline, the reserved space shall automatically be rendered available for use by others, unless the shared use plan has, by the deadline, been amended with the approval of the County Manager or designee. Deadlines may be extended even if the tower is a nonconforming structure . If space has been reserved in a shared use plan for future additional antenna use by the tower owner and it becomes clear that such space will not be utilized by the owner, the shared use plan shall be amended promptly to reflect the availability of such space. 3. Reservation of site capacity. The policy stated above applies also to additional tower space on an approved tower site to prevent indefinite reservation of available site space. 4. Height bonus for sharing. Notwithstanding anything to the contrary in any County ordinance, any existing conforming or nonconforming tower may be permitted a one-time increase in height, provided: a. Any such increase in height does not exceed thirty (30) feet or twenty (20) percent of the height of the existing tower, whichever is less; b. The cost of such increase in height does not exceed fifty (50) percent of the actual replacement cost of the tower at the time of the application; c. A shared use plan covering the tower with the increased height is first approved by the County Manager or designee; d. The increase in height does not cause the proposed tower to exceed any required maximum height requirement for towers or make a legally conforming tower become nonconforming ; e. Substantiated proof that such proposed antenna(s) may not be placed on the existing tower by relocating or adjusting existing antennas and equipment shall be submitted by an appropriate professional engineer certified to practice in the State of Florida; and f. A site development plan shall be submitted for review and approval if an increase in tower height requires placement of, or addition to, an antenna equipment building or support building . 5. Filing shared use plans. Each approved shared use plan shall be filed and recorded in the Office of the Collier County Clerk of Court prior to any site development plan approval. A copy of the initial shared use plan shall be filed with, and approved by, the County Manager or designee prior to conditional use approval. 6. Shared use plans for old towers and old tower sites. Initial shared use plans and amendments for old towers require approval of the County Manager or designee. Initial shared use plans and amendments for old tower sites require approval of the BCC, except where an amendment reduces site and/or antenna capacity. 7. Transmitting and receiving equipment serving similar kinds of uses shall, to the extent reasonable and commercially practicable, be placed on a shared use tower in such a manner that any of the users in a group can operate approximately equal to other users in the group utilizing substantially similar equipment. 8. Once a shared use plan for a tower is approved, additional antennas may be added to that tower in accordance with the approved shared use plan without additional conditional use approval even if the tower is then a nonconforming structure . The shared use plan shall be immediately updated to reflect each such change. Likewise, once a new shared use plan for a tower site is approved, additional towers and accessory buildings and uses may be added to that site in accordance with the plan without additional conditional use approval, even if the site is then nonconforming . The shared use plan shall be immediately updated to reflect each change. 9. For each tower with a height in excess of 185 feet that is approved, the tower owner shall be required, as a condition of approval, to file an approved shared use plan, except when a government tower is approved to be perpetually unavailable. To the extent that there is capacity for other antennas on the tower , the plan shall commit the tower owner and all successor owners to allow shared use of the tower in accordance with the shared use plan for antennas of others at reasonable rates. The initial proposed rates (or a range of reasonable rates) shall be specified in the shared use plan, and shall be amended each time the rates are changed. When antenna space on a tower is rented to others, each rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve antenna space for future use must be approved by the County Manager or designee. 10. For each new shared use tower site that is approved, the owner shall be required, as a condition of approval, to file an approved shared use plan, except as to a government site that is approved to be perpetually unavailable. If there is land available on the site to accommodate additional towers and accessory facilities, the plan shall commit the landowner and successor owners to accommodate such additional facilities on the site at reasonable rents (or a range of reasonable rents) which shall be specified in the shared use plan. When land is rented for facilities on the site, the rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve land for future use of a tower and other facility space must be approved by the County Manager or designee. 11. Each new tower owner or site owner, as the case may be, shall agree, as a condition of approval, to respond, in writing, in a comprehensive manner within thirty (30 days) to each request for information from a potential shared use applicant . Government owners need to reply only to requests from another government. To the extent that correct and up-to-date information is contained in an approved shared use plan, the owner may refer the applicant to the shared use plan for the information. If the shared use plan is incorrect, incomplete, or otherwise not up-to-date, the respective owner shall, in the response, specify, in detail, such information, and shall immediately bring the shared use plan up-to-date. 12. The tower owner or site owner, as the case may be, shall, as a condition of approval, negotiate in good faith for shared use of tower space and/or site space by applicants in accordance with its shared use plan. 13. All conditions of approval regarding a tower shall run with the ownership of the tower and be binding on all subsequent owners of the tower . All conditions of approval regarding an approved tower site shall run with the land and be binding on all subsequent owners of the tower site. G. Development standards for communication towers . 1. Except to the extent that amateur radio towers , and ground -mounted antennas with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 herein, no new tower of any height shall be permitted in the RSF-1 through RSF-6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection5.05.09(F)(7) below, towers may be allowed to any height as a conditional use in the E zoning district only on sites approved for a specified essential service listed in subsection 5.05.09((F)(3) below. There shall be no exception to this subsection except for conditional use applications by a government for a governmental use. 2. Permitted ground -mounted towers . Towers not exceeding the stated maximum heights are a permitted use, subject to other applicable provisions of this section, including separate requirements and shared use provisions. towers that exceed those specified maximum heights require a variance in accordance with section 9.04.00. a. All commercial and industrial zoning districts and urban designated area agricultural zoning districts: Any tower up to seventy-five (75) feet in height is a permitted use, provided the base of such tower is separated a minimum distance of seventy-five (75) feet from the nearest boundary with any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF- 12, RMF-16, RT, VR, MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. Any tower that exceeds seventy-five (75) feet in height, up to a height of 185 feet, is a lawful use, only if permitted or otherwise provided in the respective zoning district, and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of two and one-half (2.5). (The minimum separation distance is two and one-half (2 '/2) times the height of the tower .) towers which do not meet the separation requirement may apply for a variance in accordance with section 9.04.00. b. Agricultural zoning districts within the rural designated area: Towers shall not exceed 250 feet in height. c. All agricultural zoning districts: No tower that exceeds 250 feet in height exclusive, of any antenna affixed thereto, shall be allowed on any site comprising less than ten (10) acres under common ownership or control, except such towers can be approved as a conditional use on sites of less than ten (10) acres if the applicant cannot, with economic feasibility, acquire title to, or control of, a suitable tower site of at least ten (10) acres in the required geographic vicinity of the proposed tower site. 3. Essential services —Specified conditional uses Except in the RSF-1 through RSF-6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses : safety service facilities including, but not necessarily limited to, fire stations , sheriff's substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be approved as a conditional use for a stand-alone essential service facility, provided the tower is to be owned by, or to be leased to, a governmental entity, and the primary uses of the tower are for governmental purposes. 4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT zoning districts, except amateur radio towers with a height not to exceed seventy-five (75) feet above the natural grade , and ground -mounted antennas with a height not to exceed twenty (20) feet above the natural grade , are permitted within these zoning districts. 5. Ground -mounted monopole communication towers up to 150 feet in height above the natural grade , including antennas affixed thereto, may be allowed as a conditional use within these zoning districts. The height of each monopole communication tower shall be limited to the height necessary for its use at its location. 6. Rooftop towers , antenna structures , and antennas. a. Rooftop towers , antenna structures , and antennas are allowed in all zoning districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. b. Rooftop towers , antenna structures , and antennas are, as specified, subject to the following: i. Permitted uses. Rooftop antenna structures and antennas are a permitted use up to a height of twenty (20) feet above the maximum roofline, provided the height of the maximum roofline is twenty (20) feet or more above the average natural grade . If the maximum roofline is less than twenty (20) feet above the average natural grade , an antenna structure and/or antenna is a permitted use up to a height that equals the distance from the average natural grade to the maximum roofline. For example, if the distance from the average natural grade to the maximum point of the roofline is fifteen (15) feet, an antenna structure and/or antenna is a permitted use up to a height of fifteen (15) feet above the maximum roofline. Any antenna structure , tower , or antenna that exceeds its permitted use height, as provided herein, shall require conditional use approval, and the maximum allowable height of the structure , tower , and all antennas shall be determined in each specific case. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major consideration in determining the allowable height of rooftop facilities. ii. Towers and antenna structures shall be set back from the closest outer edge of the roof a distance of not less than ten (10) percent of the rooftop length and width, but not less than five (5) feet, if the antenna can function at the resulting location. iii. Antenna structures and dish type antennas shall be painted to make them unobtrusive. iv. Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall. v. Where technically feasible, dish type antennas shall be constructed of open mesh design. vi. Where feasible, the design elements of the building (i.e., parapet wall, screen enclosures, other mechanical equipment) shall be used to screen the communications tower, structure , and antennas. vii. The building and roof shall be capable of supporting the roof -mounted antenna, structure , and tower. viii. No rooftop shall be considered a tower site. This section does not require any sharing of any rooftop, rooftop tower , or antenna structure . With the exception of rooftop towers and towers on essential services sites, each new communication tower shall meet the following separation requirements: a. Each new tower that exceeds 185 feet in height shall be located not less than two and one-half (2.5) times the height of the tower from all RSF-1 through RSF-6, and RMF-6 zoning districts, including PUDs where the adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and RMF-6 zoning districts. If a part of a PUD is not developed, and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six (6) units per acre or less, it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest density possible under the respective PUD. In addition, each such new tower that exceeds a height of seventy-five (75) feet, excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, and the residential areas of PUDs with existing or planned densities greater than six (6) units per acre by not less than the total height of the tower including its antennas; and from all other surrounding property boundaries by a distance not less than one-half (1/2) the height of the tower and its antennas, or the tower's certified collapse area, whichever distance is greater. 8. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off -site property as a result of a collapse of any tower owned by them. 9. Placement of more than one (1) tower on a land site is preferred and encouraged, and may be permitted, provided, however, that all setbacks , design, and landscape requirements are met as to each tower . structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not likely result in multiple tower failures in the event that one (1) tower fails, or will not otherwise present an unacceptable risk to any other tower on the site. It shall be the policy of the County to make suitable County -owned land available for towers and ancillary facilities at reasonable rents. 10. Any accessory buildings or structures shall meet the minimum yard requirements for the respective zoning district. accessory uses shall not include offices, long-term vehicle storage, outdoor storage, broadcast studios except for temporary emergency purposes, or other structures and/or uses that are not needed to send or receive transmissions, and in no event shall such uses exceed twenty-five (25) percent of the floor area used for transmission or reception equipment and functions. Transmission equipment shall be automated, to the greatest extent economically feasible, to reduce traffic and congestion. Where the site abuts , or has access to, a collector street, access for motor vehicles shall be limited to the collector street . All equipment shall comply with the then applicable noise standards. 11. For new commercial towers exceeding 185 feet in height, a minimum of two (2) parking spaces shall be provided on each site. An additional parking space for each two (2) employees shall be provided at facilities which require on -site personnel. Facilities which do not require on - site personnel may utilize impervious parking. 12. All new tower bases, guy anchors, outdoor equipment, accessory buildings , and accessory structures shall be fenced. This provision does not apply to amateur radio towers , or to ground -mounted antennas that do not exceed twenty (20) feet above grade . 13. Tower lighting. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights, unless exempted, in writing, by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration ("FAA") technical standards. No other towers or antennas shall be artificially lighted, except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances, or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. New towers exceeding 199 feet. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe -type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be used at night. 14. Effective January 1, 1992, all guyed towers , including old towers , exceeding 185 feet in height shall be inspected every two (2) years. Such self-supporting towers shall be inspected every four (4) years. Each inspection shall be by a qualified professional engineer or other qualified professional inspector, and any inspector -recommended repairs and/or maintenance should be completed without unnecessary delay. At a minimum, each inspection shall include the following: a. Tower structure : Including bolts, loose or damaged members, and signs of unusual stress or vibration. b. Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other signs of possible failure. c. Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition. d. Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any. e. For guyed towers : Tower vertical alignment and guy wire tension (both required tension and present tension). 15. A copy of each inspection report shall be filed with the County Manager not later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager to verify that such repairs and/or maintenance have been completed. The County shall have no responsibility under this section regarding such repairs and/or maintenance. 16. Any tower that is voluntarily not used for communications for a period of one (1) year shall be removed at the tower owner's expense. If a tower is not removed within three (3) months after one (1) year of such voluntary non-use, the County may obtain authorization, from a court of competent jurisdiction, to remove the tower and accessory items, and, after removal, shall place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower and accessory items, plus court costs and attorney's fees. 17. For all ground -mounted guyed towers in excess of seventy-five (75) feet in height, the site shall be of a size and shape sufficient to provide the minimum yard requirements of that zoning district between each guy anchor and all property lines. 18. All new metal towers , including rooftop towers , except amateur radio towers , shall comply with the standards of the then latest edition published by the Electric Industries Association (currently EIA/TIA 222-E) or the publication's successor functional equivalent, unless amended for local application by resolution of the BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less shall require a building permit specifying the exact location and the height of the tower exclusive of antennas. Each new ground -mounted dish type antenna that does not exceed a height of twenty (20) feet shall require a building permit. 19. Within the proposed tower's effective radius , information that specifies the tower's physical location, in respect to public parks, designated historic buildings or districts, areas of critical concern, and conservation areas, shall be submitted as part of the conditional use application. This shall also apply to site plan applications and/or permit applications for rooftop installations that do not require conditional use approval. 20. No communication tower shall be located on any land or water if such location thereon creates, or has the potential to create, harm to the site as a source of biological productivity, as indispensable components of various hydrologic regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 21. Any existing native vegetation on the site shall be preserved and used to meet the minimum landscape requirements as required by section 4.06.00. The site plan shall show existing significant vegetation to be removed and vegetation to be replanted to replace that lost. native vegetation may constitute part or all of the required buffer area if its opacity exceeds eighty (80) percent. 22. As to communications towers and antennas, including rooftop towers , antenna structures , and antennas, the height provisions of this section supersede all other height limitations specified in this Code. 23. All existing and proposed ground mounted and rooftop towers and antennas with a height greater than 150 feet shall be required to have a solid red beacon or dual mode lights unless exempted in writing by the Collier Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. The total structure height shall include all appendages and attachments, such as antennas, lights, lightening rods, or any other accessory device that would extend the height of the tower. All existing towers shall have six months (180 days) from June 16, 2005, to comply with the requirement. If the FAA rules require lighting, then the applicant shall comply with such rules. 24. A copy of each application for a tower in excess of 150 feet shall be supplied by the applicant to the Collier Mosquito Control District or designee. H. Alligator Alley communication towers . 1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the 1-75 right-of-way east of the toll booth (Alligator Alley ). Two (2) of the four (4) towers shall be constructed to replace two (2) existing Florida Department of Transportation towers . The four (4) new telecommunication tower sites shall be located approximately at: a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, including antennas; b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas; c. The site of an existing FDOT tower located on State Road 29. The height shall not exceed 310 feet, including antennas; d. The site of an existing FDOT tower located at mile marker 63.2 at the 1-75 Rest Area. It will replace an existing tower located on the north side of 1-75 at mile marker 63.3. The height shall not exceed 280 feet, including antennas. e. Each tower shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co -users, including Florida Department of Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the National Park Service ("NPS"), the Department of Forestry ("DOF"), and County agencies, where practical. 2. Each tower shall be constructed in accordance with the standards and requirements of section 5.05.09 and other applicable sections of this Code, except as expressly provided otherwise in this section. Minimum yard requirements. There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the 1-75 right-of-way, and each proposed tower must maintain a separation distance from all adjacent residential property lines equal to one-half ('/2) of the tower's height or equal to a Florida professional engineer's certified collapse area (fall zone), whichever is greater, or a clear zone is maintained on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure , including offices, shall be allowed within any certified collapse area (fall zone) for any of these towers . 4. Access. Physical access to each tower site shall be as approved by FDOT. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower site to accommodate temporary parking for one (1) vehicle for servicing or maintaining the communication tower. 6. Landscape buffer . A landscape buffer no less than ten (10) feet wide with trees planted twenty-five (25) feet on center shall be developed and maintained around the perimeter of each tower site and other related equipment, structures , and buildings . This buffer shall encompass all structures including the tower base. At least one (1) row of native vegetation shall be planted within the buffer to form a continuous hedge of at least three (3) feet in height at planting. The buffer must be maintained in good condition. This landscape buffer may be waived by the County Manager or designee where the buffer is not practical due to public safety concerns. 7. A site development plan and construction plans shall be submitted to the County Manager or designee for review and approval prior to any construction of any such tower . No changes, additions, or alterations may be made to any approved site development plan or construction plans for any such tower without County approval. 8. Tower lighting. In addition to the requirements for tower lights specified in section 5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. 9. Notwithstanding any other provision in this Code, and notwithstanding the underlying zoning of the respective tower site, subject to the following, the communication towers and accessory facilities ("facilities") listed above, and all such future facilities, are lawful uses, if located within the confines of the 1-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary of Collier County. 10. The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20) feet. towers that are to be twenty (20) feet or less in height require only building permit approval from the County. a. As all such facilities must be located within the 1-75 right-of-way , the facilities must be subject to approval from the owner of that right-of-way , including such conditions as may be required by that owner. The owner of said right-of-way is the State of Florida, by and through the Florida Department of Transportation. b. The facilities must be owned by, or leased to, a governmental entity. The primary uses of the facilities shall be governmental uses. Private uses of the facilities, if any, shall always be incidental and subordinate to the governmental uses. c. Notwithstanding any other provision in section 5.05.09, the facilities shall be subject to the tower sharing requirements of section 5.05.09 if the tower is to exceed a height of 120 feet, unless the tower is a monopole . If the tower is to be used only for governmental uses, the tower need be shared only with other governmental entities. If the tower is to be occupied by an antenna under control of a non -governmental occupant of the tower and is to be used for any non -governmental use(s), the tower sharing requirements that apply to non -government occupants shall be adhered to as a prerequisite to occupancy of the tower. I. Wireless emergency telephone service. Notwithstanding any other provisions of this section 5.05.09, the following provisions shall apply to communications towers that provide wireless emergency telephone service. These facilities are essential services . 2. Each applicant for these permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172, Florida Statutes. 3. Applicants for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staff may require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned rights -of -way. 4. Co -located facilities. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co -location of E911 Service, or co - location for wireless telephone service, not later then forty-five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in this section 5.05.09. Co -location of such facilities on a then existing above -ground tower or other above -ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co -location of such antenna, or co -location of related equipment, shall be subject to applicable building regulations, and with all then existing permits or agreements applicable to that tower or to the underlying property. Nothing herein, including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s). 5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the County shall grant or deny an application requesting location of a new wireless telephone service tower , or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of this section 5.05.09 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply for conditional use approval, or other required procedures. Provided further that nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations. 6. Sufficiency notice. Within twenty (20) business days of receiving the permit application for any facility listed above in paragraphs (4) and (5) above, staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied - for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission. 7. Default approval. a. An application for E911 service, co -location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: i. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use , or without the need to apply for some other permit; ii. The County fails to either grant or deny the applied -for permit within the time frames set forth in paragraphs (4) and (5) above, as applicable; and iii. The applicant has not agreed to an extension of time, as provided in paragraph (8) below. b. However, the applied -for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be granted if the BCC fails to take final action at that time. 8. Waiver. Extensions of the above -described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant . Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government. (Ord. No. 05-27, § 3.HH) 2.03.01 - Agricultural Districts. B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses , development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). a. Permitted uses. 1. Single-family dwelling. 2. Family care facilities , subject to section 5.05.04. 3. Essential services , as set forth in section 2.01.03. 4. Educational plants , as an essential service . b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2. Fruits, vegetables, and nursery plants grown for both personal consumption and off - site retail sale, such as farmer's markets. Farm operations that grow fruits, vegetables, and nursery plants for off -site retail sale shall be subject to LDC section 5.02.00 Home Occupations, as amended, and the following standards: i. Farm operations shall not occupy more than 50 percent of the lot. ii. Farm operations shall conform to minimum setbacks established in LDC sections 2.03.01 B.2 and 4.02.01 A. Table 2.1, however, no side, rear or front setbacks are required greater than 30 feet. iii. Vegetation removal for farm operations shall be subject to LDC section 3.05.05 F, as amended. 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line , and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. Notwithstanding the above, hog(s) may be kept for a 16 week period in preparation for showing and sale at the annual Collier County Fair and/or the Immokalee Livestock show. The following standards shall apply: a) One hog per child enrolled in a 4-H Youth Development Program, Collier County Fair Program or similar program is permitted. In no case shall there be more than 2 hogs per acre. b) Premises shall be fenced and maintained in a clean, healthful, and sanitary condition. c) Premises or roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any dwelling unit on an adjacent parcel of land. d) Hog(s) shall not be returned to the property once removed for showing and/or sale. 5. One guesthouse, subject to section 5.03.03. 6. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development . Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks , playgrounds and playfields. 7. Excavation and related processing and production subject to the following criteria: i. These activities are incidental to the permitted used onsite. ii. The amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards total. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in section 10.08.00. C. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses . The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: 1. Churches . 2. Social and fraternal organizations. 3. Child care centers and adult day care centers . 4. Schools, private. 5. Group care facilities (category 1); care units , subject to the provisions of subsection 2.03.01 B.3.f; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 6. Group care facilities (category II) care units subject to section 5.05.04 only when tenancy of the person or persons under care would not: i. Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or iii. Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion and subsection 4.02.02 C. i. The site area shall not exceed 20 acres 8. Essential services, as set forth in subsection 2.01.03 G. 2 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04. 10. Ancillary plants. 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: i. Fighting or baiting any animal by the owner of such facility or any other person or entity. ii. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. iii. For purposes of this subsection, the term baiting is defined as set forth in F.S. § 828.122(2)(a), as it may be amended from time to time. Minimum yard Requirements. See subsection 4.02.01 A. Table 2.1 for the general requirements. The following are exceptions to those requirements: a. Conforming Corner lots . Conforming corner lots , in which only one full depth setback shall be required along the shorter lot line along the street . The setback along the longer lot line may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard . (See Exhibit A) P/L 180, 75' LOT <FULL FRONT WIDTH SETBACK V ILOILT 1 P/L ESTATES: CONFORMING CORNER LOT FRONT SETBACK 37.5' REDUCED BY 50 SETBACK', 30' V P/L M 30' Q SIDE ETBACK W * Example - lot width may vary, but never less than 1.50' R.O.W -SETBACKS MEASURED FROM R.O.W. LINE WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W. LINE PROPERTY LINE b. Nonconforming Corner lots . Nonconforming corner lots of record, in which only one full depth setback shall be required along the shorter lot line along the street . The setback A_ 105' LOT WIDTH u___ R.O.W along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right- of-way easement is included within the reduced front yard . (See Exhibit B) P/L 75' FULL FRONT Pit SETBACK R.O.W ESTATES: NON -CONFORMING CORNER LOT R.O.W R.O.W REDUCED 15' FRONT SETBACK I R.O.W. LINE 10°4, LOT 10 5 WIDTH 10°�a LOT I WIDTH I P(L V t 0.5' n_. _ ___ P/L _._. _..... SETBACKS MEASURED FROM R.O.W. LINE - WIDTH MEASURED BETWEEN PROPERTY LINES PROPERTY LINE ----_ c. Nonconforming through lots , i.e. double frontage lots , nonconforming lots of record with double road frontage , which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot , as measured from edge of the right-of-way . i. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Reduced frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. d. Nonconforming lots of record , which are nonconforming due to inadequate lot width , in which case the required side yard shall be computed at the rate of ten (10) percent of the width of the lot. (Ord. No. 06-63, § 3.C; Ord. No. 07-67, § 3.C; Ord, No. 08-11, § 3.D; Ord. No. 08-63, § 3.C; Ord. No. 10-23, § 3.E; Ord. No. 12-38, § 3.B; Ord. No. 13-56, § 3.B; Ord. No. 14-40, § 2.A; Ord. No. 16-27, § 3.B) CAa I ter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meetin cafes PetitionType:. Conditional Use (CU) DateandTirne: Tuesd y 1/5/21 1:30 PM Assigned Planner: James Sabo Engineering Manager (for PPL's and FP's): Project Information Project Name: 1680 Golden Gate Blvd E Cell Tower (CU) PL#: 202000C2584 Property ID #: 39382280001 Current Zoning: Estates Project Address:1680 Golden Gate Bl Cd,'tyE Naples State: FL Zip: 34117 Applicant: Milton Baker Agent Name: Milton Baker Phone: 916-385-4266 Tower Engineering Professionals, Inc., `7590 NW 20`h Ct. Agent/Firm Address: City: Sunrise State: FL Zip: 33313 Property Owner: Verizon Wireless (Tower Owner) Fee Holder:Elah Holdings LLC Please provide the following, if applicable: L Total Acreage: 2 - 81 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. w If there is an Ordinance or Resolution associated with this project, please indicate the type and number: If the project is within a Plat, provide the name and AR#/PL#: Updated 7/11/2019 Page 1 1 of 5 Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Dote -- link is https://www.collier_gov.net/Home/ShowDocument?id=75093. ,�. C� na t a.a (s — S �e, �- >a-it"►�-e,�. a � �.,o,-� r%-ilr. �!� �a. Si�.v�.e� �fa$� �C►. '2, h�. eC,4".6AC4P - k10VtIew If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(a)naplesgov.com Allyson Holland AMHolland(a)naplesgov.com Robin Singer RSinger(a naplesgov.com Erica Martin emartin(a)naplesgov.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 2 of 5 ThomasClarkeVEN From: SaboJames Sent: Monday, January 11, 2021 10:49 AM To: ThomasClarkeVEN Subject: Pre-app notes PL20200002S84 CU Cell Tower 1680 Golden Gate Blv E Thomas, Thanks here you are: Pre-app notes. Zoning: List of Proposed Conditions in a Word document with a Conceptual Site Plan included. The Proposed Conditions should be included and noted on the Conceptual Site Plan drawing. Provide a document with responses to the Cond Use Evaluation Criteria (A-E) from Section 10.08.00 of the Land Development Code (LDC). Neighborhood Information Meeting required after the first review letter. Meeting audio recording is required. NIM also required to be virtual and access link and number required. NIM notice letter is the responsibility of the agent. Public notice mailing labels can be obtained at County GIS dept. NIM meeting notice letter must be approved by the County Principal Planner for the project. Completed application doco4j-o desk. ���ma's 'Aev4 Respectfully, C. James Sabo, AICP Principal Planner Covier County Inning C)ivision, 2800 North Horseshoe: Drive, Napier Flor'da 34104 Phone: 239.252.2708 "Tell us how we are doing by taking our Zoning Division Survey at hi��LgQoJ 1e_Xjv�r T.' Under Florida Lain e-rnail 'addresses are public records if you do not vvant your e-mail address re -,leased in response to a public records request, rio not send electronic mail to this entity lw lead, contact this: office by telephone of in voitirlq. ThomasClarkeVEN From: SawyerMichael Sent: Tuesday, January 05, 2021 11:14 AM To: Sabolames; ThomasClarkeVEN Subject: Pre App this afternoon James and Thomas, I will be at the Chairman Fryer's meeting this afternoon... assuming it still occurs...) haven't heard otherwise, instead of your pre-app. Please include a note for Transportation Planning that the applicant should: Request a TIS Waiver (separate waiver request letter submitted with the application packet) for the proposed tower CU. The number of trips generated by tower's should be deminimis and a TIS waiver reasonable. It will help if they provide the number of trips anticipated on a monthly basis for maintenance/etc. needs and a'brief explanation of the CU request -facility proposed. The access should be shown on the east side of the site instead of the west which conflict with the adjacent residence access. Thanks and let me know of any questions or follow-up concerns, Michael Sa`vyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 �tich�ici.s< i�� er(u'ccllicrcollw y 11.(_�oy Under Florida Law. e-mail addresses are public records. If you do net want your e mail address released in response to a public records request, do not send electronic mail to this entity_ Instead, contact this office by telephone or it writing. KCZ13. ThomasClarkeVEN From: TempletonMark Sent: Tuesday, January 05, 2021 2:05 PM To: ThomasClarkeVEN Subject: Pre App notes Hi Thomas, Not much for me for the pre-app for the cell tower in the estates. You can just paste the following language into the notes: Label the 20' wide landscape buffer around the base of the tower. If its easier for you if send a PDF of the Notes page with this let me know and I can do that. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review vier County K Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2475 How are we doing? Please CLICK i-iERE. to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of any permit, plan, project, or deviation from the Land Development Code. Under Florida Law, e-nail addresses aro public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by telephone or in writing. ?b. C- ik'i v County �- COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergoy.net (239) 252-2400 Meeting Notes ew»f f�3rviv�rvCs —� iTfr?C�, E1� r'I%il� 1✓��r�zrF >��r;Cl�,v�� f G.../i Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 3 of 5 CoenCounty t COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 IMeeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.collierRov.net/Home/ShowDocument?id=75093. Comprehensive Planning: The sub ' ject property is designated Estates, Estates Mixed Use District, Residential Estates Subdistrict, as identified on the Future Land Use Map of the Rural CND Golden Gate Estates SubElement of the Growth Management Plan. This site is currently zoned Estates. Conditional Use requests within Rural Golden Gate Estates shall adhere to the guidelines outlined in the Conditional Uses Subdistrict. Golden Gate Area Master Plan states: Policy 1.1.8 states: To obtain Conditional Use approval, a super majority vote (minimum of 4 votes) by the Board of Zoning Appeals shall be required. GOAL 3: TO PROVIDE FOR LIMITED COMMERCIAL SERVICES AND CONDITIONAL USES FOR PURPOSES OF SERVING THE RURAL NEEDS OF GOLDEN GATE ESTATES RESIDENTS, SHORTENING VEHICULAR TRIPS, AND PRESERVING RURAL CHARACTER. Policy 3.1.2: Conditional Uses within Rural Golden Gate Estates shall be subject to locational and dimensional criteria established within the Conditional Use Subdistrict in the Land Use Designation Description section of this Rural Golden Gate Sub-Elernent. The subject site is not identified as within the Conditional Use Subdistrict. Policy 4.1.2: The County shall initiate architectural standard requirements in the Land Development Code within two years of adoption that apply to commercial, conditional use and essential services facilities, reflecting the rural character of the Estates area and providing coherence and area identity. Generally, the Estates Designation also accommodates future non-residential uses, including: a. Conditional uses and essential services as defined in the Land Development Code, except as prohibited in the Neighborhood Center Subdistrict. Also, refer to the Conditional Uses Subdistrict. It is the understanding of Comp Planning Staff that a Land Development Code Amendment is being pursued to allow applicants to request a conditional use in the Estates for the development of a communications tower at the subject site. Until such time as this amendment is approved, Comp Planning cannot support this CU project. — Sue Faulkner 1/5/2021 3,6 Updated 7/24/2018 Page I 2-ef-5