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HEX Agenda 03/23/2023COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 March 23, 2023 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Andrew.Youn blg oodgCollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. Collier County Hearing Examiner Page I Printed 311512023 March 2023 Pledge of Allegiance Review of Agenda 3. Advertised Public Hearing A. Petition No. PL20230000354 - Appeal filed by Mitchell and Melanie Penne of the Administrative Approval of Site Development Plan SDP-PL20210002791, which authorized the development of a 250-foot telecommunication tower within the Rural Agricultural (A) Zoning District. The subject property is located at 1160 Kapok Street in section 15, township 49 south, range 27 east, Collier County, Florida. (Mike Bosi, Director Planning & Zoning) District 5 4. Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 311512023 3.A 03/23/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 24797 Item Summary: Petition No. PL20230000354 - Appeal filed by Mitchell and Melanie Penne of the Administrative Approval of Site Development Plan SDP-PL20210002791, which authorized the development of a 250-foot telecommunication tower within the Rural Agricultural (A) Zoning District. The subject property is located at 1160 Kapok Street in section 15, township 49 south, range 27 east, Collier County, Florida. (Mike Bosi, Director Planning & Zoning) District 5 Meeting Date: 03/23/2023 Prepared by: Title: Zoning Director — Zoning Name: Mike Bosi 02/28/2023 11:39 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/28/2023 11:39 AM Approved By: Review: Corporate Business Operations Hearing Examiner (GMD Approvers) Zoning Zoning Zoning Hearing Examiner Mike Bosi Review Item Diane Lynch Review Item Mike Bosi Review Item Ray Bellows Review Item Mike Bosi Division Director Andrew Dickman Meeting Pending Skipped 02/28/2023 11:40 AM Completed 03/07/2023 1:22 PM Skipped 02/28/2023 11:40 AM Completed 03/07/2023 1:51 PM Completed 03/07/2023 1:57 PM 03/23/2023 9:00 AM Packet Pg. 3 3.A.a C O Ier C014ftty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION HEARING DATE: MARCH 23, 2023 SUBJECT: KAPOK TOWER ADMINISTRATIVE APPEAL, ADA- PL20230000354 PARTIES: Mitchell and Melanie Penner Agent: Zachary Lombardo, Esq. 1235 Sugarberry St. Woodward, Pires & Lombardo, P.A. Naples, FL 34117 3200 Tamiami Trail N, Suite 200 Naples, FL 334103 AT&T Mobility & City Switch, LLC Agent: Jeff Wright Esq. 8601 W. Sunrise Blvd Henderson, Franklin, Starnes & Holt, P.A. Plantation, FL 33322 8889 Pelican Bay Blvd, Suite 400 Naples, FL 34108 Collier County Growth Management & Community Development Division 2800 North Horseshoe Drive Naples, FL 34104 REOUESTED ACTION: An appeal filed by Mitchell and Melanie Penner. of the administrative approvals of Site Development Plan (SDP) Petition SDP-PL20210002791 (Attachment "A") and regarding the approval of a 250- foot telecommunication tower within the Rural Agricultural Zoning District located at 1160 Kapok Street JURISDICTION: The Hearing Examiner has the authority to hear this appeal under LDC Section 8.10.00 and Ordinance No. 2013-25, as amended. Packet Pg. 4 3.A.a GEOGRAPHIC LOCATION: Considerations: The subject site located at 1160 Kapok Street is within the Agricultural Zoning District within the Rural designated area of the Future Land Use Map. 5.05.09.G.2.b of the Collier Land development Code states, "Agricultural zoning districts within the rural designated area: Towers shall not exceed 250 feet in height." The proposed tower follows the stated regulations as indicated within the tower's submitted cover letter (Attachment B). In addition to the specific height limitations imposed upon towers in the agricultural zoning district: 5.05.09.D requires, "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. " 5.05.09.E requires, "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, Packet Pg. 5 3.A.a and accessory structures or uses cannot be located on any conforming old site or approved site situated within the effective radius." 5.05.09.F requires, "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." It should be noted that the applicant had submitted and Official Interpretation regarding the applicability of 5.05.09.D,E & F on the proposed tower (Attachment Q. The LDC indicates for all telecommunication towers that the effective radius is six miles. Staff recognizes that this is an outdated measurement more closely associated with cellular phones and appropriate for 1996 cellular technology and that today's 5G telecom systems, with a much greater band width have a reduced coverage radius. This reduced radius is illustrated within the propagation maps supplied within attachment D and establishes a reduced effective radius, as recognized by 5.05.09.D.2. Staff has determined the application has satisfied the requirements of each section through the application material submitted within Attachment D, E & F, in which the Radio Frequency engineer for AT&T Mobility provides reasons for why the towers in the LDC started 6-mile effected radius do not provide adequate to satisfy coverage of the targeted area. Additional Considerations: It should be noted that all communication towers which provide for wireless emergency telephone services are classified as Essential Services, per 2.01.03.A.4 of the Land Development Code. The FCC's basic 911 rules require wireless service providers to transmit all 911 calls to a PSAP, regardless of whether the caller subscribes to the provider's service or not. Phase I Enhanced 911 (E911) rules require wireless service providers to provide the PSAP with the telephone number of the originator of a wireless 911 call and the location of the cell site or base station transmitting the call. Phase II E911 rules require wireless service providers to transmit the location of a wireless 911 call, within certain parameters for accuracy. Under the FCC's rules, wireless providers are subject to increasingly stringent 911 location accuracy requirements almost every year through 2024. Based upon the current FCC regulations all towers which host antennas for wireless communication companies are considered essential services per the Collier Land Development Code. Further the proposed tower will facilitate Firstnet, which is mandated by Congress to oversee the buildout, deployment, and operation of the nationwide public safety broadband network. The Penner's position is provided for in Attachment- G & H AT&T Mobility & City Switch, LLC position is provided for in the following attachments: Packet Pg. 6 3.A.a Wright -Response to appeal letter Wright -EXHIBIT A - aerial parcels Wright -EXHIBIT B - Mar 17 2020 zvl Wright -EXHIBIT C - 07.06 Review Comment Letter Wright -EXHIBIT D. Kapok _6mi Radius Colocation Response Wright -EXHIBIT E - 12.09 Review Comment Letter Wright -EXHIBIT F - Updated Kapok _6mi Radius Colocation Response Wright -EXHIBIT G - SDP Approval Letter3 STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner deny the appeal based upon the documentation provided to satisfy the requirements of Section 5.05.09 of the Collier County Land Develop Code. 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(D �} 0- m 0 en LLJ a) , z r-L O i = rn 4 0 CO ~ 3.ly -0 •V �C •W m LLI W z 22 E "Al - F � � - ram. ul F Y z N D o (leaddV aamol ijodeN : L6LtiZ) V-4uaua43e44V :1uaua4oe44V �1 R � o 1 � o � a o 0 � J d 0, w 1', 1, k"I ■ �7 11 1 1 � �� _� Lnu� naa�n ■�■ 1111111 110111 IIIII ll 1111111 1111111 11111 1111111 HUM IIIIIII 111.111 1111111 11111Il 1111111 1111111 I HIM JIM1111111HU 4111111 !I Il111 I IIIIlI 111111! 1111111 1111111 1111111� Haul urrnr luau -q n M d o W M (leaddV aamol )Iode>i : L6LVV V-#uaWLioe;;V :;uauayoe44V a� ¢ � � do e � — � 6LS III 4 orO t 9_�� tl! ki N�F CD iLL sq�2'¢'��2o xV F IN obi- m as 9Hx Waa��wrmm IN- _nrs—e�L �r na _'_Lx m._n�sn� mdF ss _ n of4� m W m LF,w ~K9 in L n f R 2�q 2p• R F x2 �m� LJ O Now "62 2 z LLLL�� g u� M ao � fY Sw T.r M1� y LJ{�JJj 929 L"J[J •r EI tF % 4 m ¢ 3.A.c CITYSWIT CH Collier County, FL Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Re: Site Development Plan for Wireless Telecommunications Tower CitySwitch II, LLC — FLC009 Kapok St To Whom It May Concern, We are hereby applying for a Site Development Plan as required by Collier County to construct and maintain a Wireless Telecommunications Tower on the property located at Kapok St at Parcel ID# 00307880004 ("Property"). We are proposing to build a 250' tall, essential services and other shared services communications tower. The Property is located within the "agricultural" zoning designation, within RFMUD receiving and North Bell Meade Overlay Districts. The Property is vacant and unimproved. We are proud to say that the proposed structure will be utilized by AT&T to support the deployment of FirstNet. If unfamiliar, in 2017 the Department of Commerce and First Responder Network Authority (FirstNet) signed a 25-year contract with AT&T to build the first nationwide wireless network for America's First Responders. The FirstNet network is planned to cover all 50 states, five U.S. territories and the District of Columbia, including rural communities and tribal lands. In 2018, CitySwitch was honored to execute an agreement with AT&T to assist in building the infrastructure needed for the deployment of FirstNet as well as their existing wireless network needs. Additional information on FirstNet can be found online at https://firstnet.gov/ . Should you have any questions regarding the application and/or supporting documents provided, please feel free to contact Kendal Lotze at 770-862-8089 or email Kendal@ignitewireless.com . Packet Pg. 43 nsformingpublic safety communications � The First Responder Network Authority (FirstNet) has entered into a public -private partnership with AT&T to build the first nationwide wireless broadband network dedicated to first responders for use in disasters, emergencies and daily public safety work. (;kFirstNet provides initial funding, 20 MHz of spectrum and deep public safety expertise to the partnership. AT&T brings a proven track record and strong commitment to public safety, as well as the commercial expertise and nationwide resources to deploy, maintain and operate the network. This 25-year partnership offers the best overall value to America and its public safety responders — both from an investment perspective and in terms of the lifesaving technology it will put in the hands of law T11 enforcement, fire and emergency medical personnel in communities across the nation. FirstNet willserve... r MODERNIZED I PRIORITIZED I SPECIALIZED FirstNet I t Learn more at FirstNef ru%u/r ,=A641r;# \jv 1Packet Pg. 44 M FA 1. What is the First Responder Network Authority? 3.A.c The First Responder Network Authority is the independent authority established by Congress to deliver a nationwide broadband network dedicated to public safety. The Network is strengthening public safety users' communications capabilities, enabling them to respond more quickly and effectively to accidents, disasters, and emergencies. The First Responder Network Authority is led by a Board of leaders and executives from the public safety community; federal, state, and local governments; and the technology, finance, and wireless sectors. It has a staff of about 200 employees with expertise in public safety, telecommunications, customer service, technology, procurement, and other areas needed to develop the Network. It is headquartered in Reston, VA, and has a technology center and lab in Boulder, CO. 2. What led to the creation of the First Responder Network Authority? The 9/11 terrorist attacks brought to the forefront the many communications challenges that first responders face during emergencies and disasters. These issues were captured in the 9111 Commission Report, which identified gaps in emergency communications and recommended a nationwide network for law enforcement, fire, and emergency medical personnel communications. The public safety community united to fulfill the 9/11 Commission's recommendation. Public safety organizations and associations advocated before Congress for a dedicated, reliable wireless network for first responders. Their advocacy efforts led to the passage of legislation in 2012 to create the agency to deploy the Network in all U.S. states and territories, including rural communities and tribal nations. 3. How has public safety been involved in the vision for the FirstNet network? Public safety officials have worked closely with the First Responder Network Authority since its inception in 2012 to ensure the Network meets first responders' needs —today and in the future. The agency's outreach and consultation efforts have connected the organization to more than 1.8 million first responders and state public safety and technology executives across the country. Specifically, the First Responder Network Authority has consulted extensively with state single points of contact (SPOCs) in each of the 50 U.S. states, 5 territories, and the District of Columbia, as well as local/municipal, tribal and federal public safety leaders. It also coordinates with public safety through the Public Safety Advisory Committee (PSAC), which provides guidance and subject matter expertise from a first responder perspective. Public safety leaders at the national, state and local levels continue to advocate for and support deployment of the Network. 4. How was AT&T selected to build, operate, and maintain the FirstNet network? The First Responder Network Authority and the Department of Interior made the 25-year award based on the determination of the overall best value solution for FirstNet and public safety. The buildup to the award included a fair, competitive procurement process that began in January 2016 with release of the Network RFP. The procurement process followed the Federal Acquisition Regulation (FAR) and encouraged offerors to provide innovative solutions that could meet or exceed the needs of public safety. The procurement was open to all entities, whether traditional wireless companies or new entrants, provided their proposal could meet the RFP's statement of objectives. AT&T was selected on a best -value award that considered financial sustainability and was based on more than just a technically acceptable solution at the lowest cost. The evaluation of proposals assessed the offerors' ability to submit a cost-effective and innovative model, and to meet or exceed the 16 objectives and evaluation factors outlined in the FirstNet RFP. S. Why is the Network being built and operated through a public -private partnership? The First Responder Network Authority and AT&T are modernizing and improving public safety communications by leveraging private sector resources, infrastructure, and cost -saving synergies to deploy and operate the Network. This public -private model also helps keep costs down for American taxpayers. To do this, Congress used the sale of communications airwaves (or spectrum) to fund FirstNet's initial operations and help start network deployment; the $7 billion FirstNet received in initial funding came from FCC spectrum auction revenue, not taxpayer funds. If the federal government were to build, maintain and operate this Network, the estimated cost would be tens of billions of dollars over 25 years. The Government Accountability Office has estimated it could cost up to $47 billion over 10 years to construct and operate the Network. With this partnership approach, the First Responder Network Authority and AT&T do not need any additional federal funding to build and operate the Network — it is a fully funded, self-sustaining Network. In return, America's first responders get services far above and beyond what they have today over a first-class broadband network dedicated to their communications needs. MMFirstNet info@firstnet.gov I www.firstnet.g packet Pg. 45 3.A.c 6. What are the key terms this public -private partnership? Congress intended for the Network to be built and operated as a public -private partnership that brings together the best of the private sector, including commercial best practices, infrastructure, and resources — with the First Responder Network Authority's public safety expertise. This approach will lead to a fully -funded, self-sustaining Network that will serve public safety for years to come. This business model is built upon the efficient use of resources, infrastructure, cost -saving synergies, and incentives, including: • 20 MHz of federally owned spectrum and $6.5 billion in initial funding to the partnership; in return AT&T will deploy and operate a nation- wide high-speed broadband network for public safety over 25years. • AT&Twill invest about $40 billion over the life of the contract to build, operate, deploy, and maintain the Network, and together with the First Responder Network Authority will help ensure the Network evolves with the needs of public safety. • AT&T can use FirstNet's spectrum when it is not being used by public safety for other, commercial purposes. The company will prioritize first responders over any other commercial users. • First Responder Network Authority will oversee the contract to ensure it delivers innovation, technology and customer care to public safety through various mechanisms, including subscriber adoption targets, milestone buildouts, disincentive fees and other mechanisms outlined in the contract. 7. What will the FirstNet Network provide first responders that they don't have today? Today, in emergencies and at large events, heavy public use can lead to wireless communications networks becoming overloaded and inaccessible. In those instances, public safety users are treated the same as any other commercial or enterprise user, and communications can be limited due to congestion and capacity issues. With the FirstNet Network, public safety will get a dedicated "fast lane" that provides highly secure communications every day and for every emergency. It will deliver specialized features to public safety that are not available on wireless networks today— such as priority access; preemption; more network capacity; and a resilient, hardened connection. The Network will deliver more than just a public -safety -dedicated wireless connection — it is also creating devices and apps ecosystems that will connect first responders to innovative, life-saving technologies. 8. How will the Network benefit first responders and help them do their jobs better? FirstNet will improve communications, response times and outcomes for first responders from coast -to -coast, in rural and urban areas, inland and on boarders — leading to safer, and more secure communities. The Network will provide first responders with innovation and robust capacity so they can take advantage of advanced technologies, tools and services during emergencies, such as: • Applications that allow first responders to reliably share videos, text messages, photos and other information during incidents in near real-time; • Advanced capabilities, like camera -equipped connected drones and robots, to deliver images of wildfires, floods or other events; • Improved location services to help with mapping capabilities during rescue and recovery operations; and • Wearables that could relay biometric data of a patient to the hospital or alert when a fire fighter is in distress. Network technology will also be tested and validated through the FirstNet Innovation and Test Lab, located in Boulder, CO, so first responders will have the proven tools they need in disasters and emergencies. 9. What's happening with FirstNet now? All 50 states, five U.S. territories and Washington, D.C., have "opted in," to FirstNet, meaning each has accepted its individual State Plan detailing how the network will be deployed in their state/territory. The First Responder Network Authority's public -private partnership with AT&T provides first responders with immediate access to mission -critical capabilities over the FirstNet network. This includes priority and preemption features that give first responders their own "fast lane" on the public safety network to communicate and share information during emergencies, large events, or other situations when commercial networks could become congested. FirstNet is the only broadband network to provide ruthless preemption for public safety. Key FirstNet activities include: Expanding the Network and Building Out Band 14: The First Responder Network Authority has issued work orders to deploy the RANs. This gave AT&T the green light to expand FirstNet's footprint and deploy Band 14 capacity and coverage throughout the nation, providing first responders with the bandwidth and mission critical connections they need to communicate, share information, and use innovative technologies every day and in every emergency. Driving public safety innovation: FirstNet is also unlocking a new technology marketplace for public safety, enabling first responders to benefit from advancements in innovation. The FirstNet App Catalog store will be filling up with FirstNet-approved mobile apps that are optimized for public safety use over the Network. Securing emergency communications: FirstNet's first -of -its -kind core infrastructure will give first responders the dedicated, highly secure, non-commercial network they deserve. The FirstNet Core, delivered in March 2018, provides full encryption of public safety data over FirstNet and end -to -end cyber security. FirstNet subscribers also have access to a dedicated Security Operations Center, offering 24/7/365 support. Engaging with public safety: The First Responder Network Authority will continue to engage with public safety in the states, territories, federal agencies, and tribal nations to ensure the network meets their needs and incorporate their feedback in the design of future FirstNet products and services. 10. How can I learn more? Stay up-to-date on the First Responder Network Authority activities and the building and deployment of FirstNet at www.firstnet.gov. Follow us on Twitter, Facebook and YouTube. r a MMFirstNet info@firstnet.gov I www.firstnet. packet Pg. 46 3.A.d Growth Management Community Development Division - Planning & Regulation Planning & Zoning Department January 27, 2023 Zachary W. Lombardo, Esq. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, Florida 34103 RE: INTP-2022-PL-8054, Interpretation of Section 5.05.09 of the Land Development Code, Communication Towers, in relation to the development of a 250-foot tower at 1160 Kapok Street Dear Mr. Lombardo: Pursuant to Land Development Code (LDC) Section 1.06.01.1), the Planning and Zoning Director has been requested to render an official interpretation of the Collier County Land Development Code (LDC), Section 5.05.09, Communications Towers. The official interpretation responds to the below request: The applicant seeks responses to three specific questions regarding the LDC Section 5.05.09, regarding the development of a 250-foot tower within the Rural Agriculture Zoning District. 1. First Question: Applicant requests an interpretation of section 2.03.0 LA. La.8. of the LDC as to what "specified height" of communications tower is allowed as a permitted use in the Rural Agricultural District. RESPONSE: As noted, permitted use number eight within the Agricultural Zoning District list, Communications towers up to specified height, subject to section 5.05.09. Further, 5.05.09.G.2.b, states, "Agricultural zoning districts within the rural designated area: Towers shall not exceed 250 feet in height." A tower up to 250-feet is a permitted use. 2. Second Question: Applicant requests an interpretation of section 2.03.0l.A.l.a.8. to confirm that the "subject to" language includes section 5.05.09.D. and 5.05.09.E. such that an applicant for a tower in the Rural Agricultural District must, for a tower over 185 feet, assuming, pending the answer to 1 above, such height of tower is allowable as a permitted use, must satisfy both the co -siting and co -location requirements of 5.05.09.D. and 5.05.09.E. respectively. RESPONSE: LDC sections 5.05.09.D. and 5.05.09.E, require that all towers over 185-feet must satisfy the requirements of each section, as applicable, to justify the need for the new tower, regardless of whether the tower is a permitted or conditional use in the Zoning District. 3. Third Question: Applicant requests an interpretation of section 5.05.09.D. that despite the use of the phrase "conditional use application" in the third sentence of subsection 1, that section D and the requirement to provide proof of contact and "A list of all owners contacted, the date of each contact, the form and content of each contact, and all responses" must be provided as part of a site development plan submittal for a tower over 185 feet in the Rural Agricultural District. Packet Pg. 47 3.A.d RESPONSE: 5.05.09 D, reads (emphasis added): 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 of ective 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 o 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 apart 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. Page 2 of 3 Packet Pg. 48 3.A.d The requirement of 5.05.09.D is that any proposed tower over 185-feet provide documentation as to why no existing towers within their effective radius can accommodate the needs of the applicant. If the effective radius is six miles, as suggested by the LDC, then 5.05.09.D.1 requires the applicant to contact all towers "that can possibly accommodate the needs of the applicant." A conditional use application requires the applicant to provide a list of all owners contacted, the date of each contact, the form and content of each contact, and all responses. And should the applicant assert a lesser effective radius, 5.05.09.D.3 requires the applicant to provide identification of each possibly available tower site by coordinates, street address or legal description, its existing uses, and tower height, and whether shared use by the applicant of the tower is prohibited (or is not feasible) for any reason. Pursuant to Division 10.02.02.F. of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site -specific interpretation, all property owners within 300 feet ofthe subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days ofreceipt ofthis letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Office of the Hearing Examiner, as directed by Section 2-87 of the Collier County Code of Laws and Ordinances. A request for an appeal must be filed in writing within 30 days of the date of this Official Interpretation and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support ofthe appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, Mike Bosi, AICP, Zoning Director Growth Management Division/Planning and Regulation Cc: Collier County Board of County Commissioners Amy Patterson, County Manager Ed Finn, Deputy County Manager Dan Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Jamie French, Deputy Head Growth Management Department Derek D. Perry, Assistant County Attorney Page 3 of 3 Packet Pg. 49 3.A.e at&t Collier County, August 3, 2022 AT&T Mobility 8601 W Sunrise Blvd Plantation, FL 33322 RE: Letter in support of need for new AT&T site at or near the location of the proposed Cityswitch tower build (AT&T site name "Rural Estates") in Collier County, FL. Summary AT&T has an existing and ongoing need for a new facility in the vicinity of the proposed Cityswitch tower build to improve coverage, capacity and service experience for our customers in the vicinity. The required improvements to coverage and service quality cannot be accomplished through modifications to AT&Ts existing sites. The proposed tower height of 250' would place AT&T's antennas at the optimal height to close a service gap caused by a lack of towers in the area. AT&T is aware of another tower being proposed in the vicinity, but the available height on that tower is below the minimum 200' height needed to serve the target area and significantly below the optimal 250' height. To summarize, if the proposed Cityswitch tower were built, AT&T would consider this tower the optimal candidate for a currently funded wireless site and would move forward with colocation. The following pages contain radio frequency coverage plots showing the existing coverage as well as predicted coverage for the AT&T network with antennas installed at the 245' elevation. Sincerely, *J/)AP,4A,t, PYAM,(,2�-, Maiko Llanes RF Design Engineer AT&T Mobility Packet Pg. 50 3.A.e Existing coverage without proposed site: Green = good outdoor and indoor service Yellow = useable outdoor, marginal indoor service Red = marginal outdoor, poor to no indoor service Magenta — no indoor, poor to no outdoor service M AT&T Mobility 8601 W Sunrise Blvd Plantation, FL 33322 bing 102020nI-.rz As can be seen in the map above, there is currently a large coverage gap in the vicinity of the proposed Cityswitch tower spanning from Golden Gate Blvd south to I-75. Q Packet Pg. 51 3.A.e 44000 jg� at&t Predicted coverage with antennas at 245' elevation on proposed site: Green = good outdoor and indoor service Yellow = useable outdoor, marginal indoor service Red = marginal outdoor, poor to no indoor service Magenta — no indoor, poor to no outdoor service ` . Coun[Y HNy 878 WJson Blvtl Gdd.. Gate B3vd E — t„ RURAL ESTATES _ f * t-4 r s eivti I' f - � � mi es Scale. 112,170 AT&T Mobility 8601 W Sunrise Blvd Plantation, FL 33322 i bing ©2920 MicrowR Corporation ©'2Q T T m On this map, the coverage improvement from the proposed site is shown. It is expected to provide significant improvements in both outdoor and in -building service as well as higher data speeds throughout the coverage area by offloading the surrounding sites. Q Packet Pg. 52 3.A.f at&t Collier County, FL Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 AT&T Mobility 8601 W Sunrise Blvd Plantation, FL 33322 Re: Site Development Plan for Wireless Telecommunications Tower CitySwitch II, LLC — FLCO09 Kapok St; AT&T Site Rural Estates FA 12906066 To Whom It May Concern, As presented in the AT&T Letter of Support and the Comprehensive Inventory Report included with this submittal, AT&T is unable to alternatively locate their proposed equipment on any of the existing or approved towers within a 6-mile radius of the proposed 250ft Self -Support Kapok St/FLC009 tower. None of the existing or approved towers are in a suitable location and have the optimal height required to meet the coverage, capacity, and service experiences necessary for AT&T and FirstNet. As indicated on the Comprehensive Inventory Report on the following page and shown on the Propagation Maps provided by AT&T, several of the towers are also not viable options as AT&T already has equipment located on those towers. Sincerely, *4AAAA, P(AAN/� Maiko Llanes, RF Design Engineer AT&T Mobility Packet Pg. 53 3.A.f s 6 C ITY S W ITC H Site ID: FLCO09 Site Name: Kapok Date Reviewed: 9/20/2022 Carrier: AT&T Latitude: 26.209438 Longitude:-81.600402 Comprehensive Inventory Report — 6mi Search Radius Legend � �,'; . • 6mi Search Radius FT1 8t Existing AT&T Equipment and Outside Coverage Area Insufficient Height uJ � 9 T''jj�t� •�s�`= `� • Insufficient Height and Outside Coverage Area •U , �� • Kapok Tower Location .r_ .. Outside Coverage Area 9 QQ f • •,r i ,4 a 11 • a o Tower # Owner Type Height (ft) Distance Latitude Longitude Per AT&T: "The required improvements to coverage and service quality cannot be accomplished through modification to AT&T's existing sites. The proposed tower height of 250' would place AT&T's antennas at the optimal height to close a service gap caused by a lack of towers in the area." 1 Gulfstream Towers, LLC MP 185ft 0.45mi 26.210891 -81.593387 2 Golden Gate Fire Control & Rescue SS 160ft 2.37mi 26,228391 -81.632188 3 Alpert Tower LLC GT 1,017ft 2.42mi 26.183110 -81.574822 4 CCATT LLC SS 281ft 3.46mi 26,254446 -81.625102 5 American Towers LLC SS 200ft 4.62mi 26.276431 -81.601079 6 CCATT LLC SS 283ft 4.86mi 26.157677 -81.653630 7 LMARRIS TECHNOLOGIES, INC. SS 298ft 5.73mi 26.155308 -81.670589 8 Crown Castle GT Company LLC SS 181ft S.Slmi 26.159020 -81.675562 D Ignitefteless Packet Pg. 54 3.A.g December 141h, 2022 Attn: Christine Willoughby Principal Planner Growth Management Department RE: Site Development Plan PL20210002791 CitySwitch — FLC009 —1160 Kapok St (SDP) To whom it may concern, Please see our responses to the December 9th, 2022 Staff Comment Letter. Please let me know if you have any questions or if there is anything I can do to assist you during your review. You can reach me any time on my cell at 770-862-8089. Zoning Review: Correction Comment 5 — Review 3: Additional information has been received that the approved but not yet built tower on Benton Road needs to be part of the effective radius information provided. Email from Mike Bosi was forwarded to the applicant. —The additional tower off Benton Road identified by Mike Bosi was included in the revised 6mi Search Radius. This additional tower off Benton Road was an insufficient height at 220ft and well outside of the Coverage Area at 2.74mi away, making that tower non -viable for AT&T's needs. This tower is identified as Tower #9 in the Comprehensive Inventory Report and has a light blue pin to show that it is of Insufficient Height and Outside Coverage Area. Informational Comments: We acknowledge that per FAC Chapter 62-330.051 (14)(g), the site is exempt from stormwater requirements. Informational Comments: We acknowledge that previously Sheet C-1- Kapok Street was labeled as Public, however, Kapok Street is a Private roadway and a County right-of-way permit is not required. Kapok Street is now correctly shown as a Private roadway on the drawings and we acknowledge that a County right-of-way permit is not required. Stipulations: We acknowledge that at the time of the pre -construction meeting the approved shared use plan per LDC Section 5.05.09F is required. Stipulations: We acknowledge that a yearly inspection report shall be filed with the County Manager no later than December 1st 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. Per LDC Section 5.05.09.G.15. Informational Comments: TIS - No additional trip generation is anticipated with the improvements included in this application; no further review for transportation concurrency (adequacy of roadway capacity) for trip banking (reservation of road capacity) is required. Thank you, Kendal Lotze / Project Manager kendal@ignitewireless.com Ignite Wireless Cell: 770-862-8089 Office: 470-239-0846 102 Mary Alice Park Road, Suite 505 Cumming, GA 30040 www.ignitewireless.com Packet Pg. 55 3.A.h MARKJ. WOODWARD Board Cemfieh Real Fs= Lawand inCondonunnun & Planned DmIoprnent Law ANTHONY P. PIRES, JR, Board Certified: City,County; and Loral G(nrr=errt Law J. CHRISTOPHER LOMBARDO ANTHONYJ.DIMORA I km,ed in FL ard OH LENORE T. BRAKEFIELD CRAIG R WOODWARD Senior Counsel Board Certified: Real Fstaw Law KENNETH V. MUNDY ZACHARY W. LOMBARDO CAMERON G. WOODWARD ROSS E. SCHULMAN Licensed in FL and NY F. SCOT[ PAuzAR III CHRISiOPHER R. HEFLIN RE PLY TO ® 3200 TAMIAMI TRAIL N. SUITE 200 NAPLES, FL 34103 239-649-6555 239-649-7342 FAX ❑ 606 BALD EAGLE DRIVE SUITE 500 P.O. BOX ONE MARCO ISLAND, FL 34146 239-394-5161 239-642-6402 FAX WWW.WPL—LEGAL.COM WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW January 9, 2023 By email and upload to the Collier County GMD Public Portal Jaime Cook Development Review Division Collier County jamie.cook@colliercountyfl.gov Subject: Notice of Appeal of SDP PL20210002791 Ms. Cook, This firm represents Mitchell and Melanie Penner, the property owners of parcel Ws 00307760001, 00308920002, and 00307920003. The Penners own property, including the aforementioned parcels, and are aggrieved parties with respect to the proposed development.' The Penners appeal because the applicant has failed to provide the necessary information that would allow the placement and construction of a tower of 185 feet without going through the conditional use process. That is to say, even if a conditional use is not required, the information required before issuing an SDP was not provided by the applicant. The applicant proposes to build a 250-foot tower. Section 2.03.01 allows Communications Towers in the Rural Agricultural District but states: "Communications towers up to specified height, subject to section 5.05.09." Preliminarily, my clients submitted a request for interpretation to confirm the above language means that only towers up to a specified height are allowed as permitted uses and that all towers over that height require conditional use approvals. Here, no conditional use was applied for. This filing and the submittal of the various documents, materials, and arguments herein as part of this appeal is and is being made and provided while reserving the right to supplement this filing with additional arguments and additional materials once discovered and/or obtained. No rights, concerns, or objections of the Penners concerning the SDP and the building permit application are waived by anything stated herein or omitted here from, and the right to present, make and submit additional arguments and materials is specifically reserved. Packet Pg. 56 3.A.h Regardless, section 5.05.09 has 2 requirements for towers over 185 feet that were not met by the applicant and that apply even if towers over 185 feet can be built without a conditional use. First, 5.05.09.D. requires proof of no ability to share use of other towers within the Effective Radius. 1. No such proof or documentation has been provided. In fact, there is a potential shared use the approved Benton Road Tower, approved as a conditional use by Resolution Ns 22-30. That resolution includes a shared use requirement in Exhibit C, and is located within the Effective Radius of the proposed Kapok Street tower. This resolution is attached. The LDC requires: "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." This was not done. 2. No proof, evidence or documents were provided or submitted to Collier County that other tower owners were contacted, contrary to the LDC requirements: - The code requires: "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" This was not done. 3. No evidence for a lesser effective radius was provided. This is required because the applicant appears to be pursuing a lesser effective radius. The LDC requires: "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." Packet Pg. 57 3.A.h o the applicant has asserted on its diagram showing the locations of the towers within the Effective Radius, that towers that are less than 3 miles away (which is less than half of the Effective Radius) are too far away. No required evidence is provided. ❑ Contrary to that assertion, there is clear evidence in this application file (by way of my clients' objections and the Benton Road Tower application) that the locations of the two towers on Benton Road, i.e. the Alpert Tower and the Benton Road Tower, are not too far away. Specifically, the RF map provided by AT&T for the approval of the Benton Road Tower shows that a tower there would resolve the coverage hole that the proposed Kapok St. tower proposes to resolve. These maps are attached. This was not done. Note further that the LDC requires: "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." o No analysis of this is in the record. Second, 5.05.09.E. requires proof of no ability to share use of other tower sites within the Effective Radius. In addition to the above requirements regarding co -location, the LDC specifically requires all of the below information to be provided regarding co -siting. The following were not provided: a. LDC Section 5.05.09.E.2.b.:that no old and no approved tower site within the effective radius can accommodate the applicant's needs. NOT PROVIDED. b. LDC Section 5.05.09.E.2.c.:lf 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. NOT PROVIDED. In conclusion, the applicant, even if proceeding as an SDP is appropriate, did not provide complete information to staff and staff did not have enough information to approve it. Therefore, the issuance of the SDP must be reversed. Finally, the intent of section 5.05.09 includes the following statements: "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 comply with the above intent, it is critical the applicant be required to meet the above standard, even if it is determined no conditional use approval process is required. Packet Pg. 58 3.A.h For the above reasons, the SDP issuance should be reversed. Sin Zacha(y W. L, nbardp, Esq., Counsel for Mitchell aid Melanie Penner Copies to County Attorney J. Klatzkow and Commissioner W. McDaniel Packet Pg. 59 Co er county 3.A.i COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.colliergov.net APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or Building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. In accordance with Resolution No. 2007-160, the fee for the application and processing of an appeal is $1,000.00 and shall be paid by the applicant at the time the request is submitted. The Board of Zoning Appeals shall hold an advertised public hearing on the appeal and shall consider the administrative decision and any public testimony in light of the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. The Board of Zoning Appeals shall adopt the County official's administrative decision, with or without modifications or conditions, or reject the administrative decision. The Board of Zoning Appeals shall not be authorized to modify or reject the County official's administrative decision unless such Board finds that the decision is not supported by substantial competent evidence or that the decision is contrary to the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. Requests for Appeal of Administrative Decision should be addressed to: Growth Management Division/Planning and Regulation Attn: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 Packet Pg. 60 3.A.i Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.colliergov.net APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 0. PROJECT NUMBER a PROJECT NAME To be completed by staff DATE PROCESSED c 0 0. APPLICANT INFORMATION Y NAME OF OWNER Mitchell and Melanie Penner c/o Woodward, Pires & Lombardo,P.A. ~ ADDRESS 3200 Tamiami Trail North, Suite 200 CITY Naples STATE FL Zip 33901 c TELEPHONE # 2396496555 CELL # FAX # 2396497342 E-MAIL ADDRESS zlombardo@wpl-legal.com Q a NAME OF AGENT/APPLICANT Zachary W. Lombardo, Esq. a FIRM Woodward, Pires & Lombardo, P.A. L M ADDRESS 3200 Tamiami Trail North, Suite 200 CITY Naples STATE FL Zip 33901 0 0 TELEPHONE # 2396496555 CELL # FAX # 2396497342 J E-MAIL ADDRESS zlombardo@wpl-legal.com REQUEST DETAIL Appeal of Application No. AR/PL-20210002791 (Please reference the application number that is being appealed) Attach a statement for the basis of the appeal including any pertinent information, exhibits and other backup information in support of the appeal. Submit required application fee in the amount of $1,000.00 made payable to the Board of County Commissioners. Packet Pg. 61 3.A.j Arz C EST. 1971 MARK). WOODWARD &=d Crmflml: RrA Emow L.svwdinC rLlxmnr m Pl uurd Dn%Tbpa rnt I.Aw ANTHoNY P. Pius. JR &w&d Cervbed Ciry�Coumty, ,md Loral Gnimunent Law ]- CHRISTOPHER LOMBARDO ANTHONY). ❑IMoRA LENoRE T. BRAKIEFIELD CRAIG R WOODWARD $emir QxIR-J Nmid Ck7d6-FZ-dferlle•IAm KENNETH V. MUNDY ZACHARY W. LOMBARDO CAMERON G. WOODWARD ROSS E. SCHuLMAN Lkrr,aiu1 FLandNY F. SCOTT PAu7AR I I I CH RI SToPH ER R - H E FLI N RLPLY TO W 3200 TAMIAMI TRAIL N. SUITE 200 NAPLES. FL 34103 239-649-6555 239-649-7342 FAX ❑ 606 BALD EAGLE DRIVE SUITE 500 RO- BOX ONE MARCO I S LAN D. F L 34146 139-394-5161 239-642-6402 FAX WWW.WPL-LEGAL.COM WOODWARD, PIKES & LOMBARDO,--P.A. ATTORNEYS AT LAW February 28, 2023 By Email Han. Andrew Dickman. Esq. Collier County Hearing Examiner 2800 North Horseshoe Drive Naples, FL 34104 Subject: PL202300003541 Reply and Supplement to Appeal of SDP Approval Mr. Dickman, The Penners, by and through undersigned counsel, hereby file this reply to the Response to Appeal of SDP Approval filed by the Applicant. The Penners hereby supplement their initial argument with the following: !. The Applicant Has Not Met the Requirements, the SDP Approval Should Be Reversed This appeal can be best addressed by two documents: the RF Map prepared by AT&T for the proposed tower and the RF Map prepared by AT&T for the approved "Benton Road Tower", PL20180002327. Applicant failed to include either document in its Response- They are enclosed herein as Exhibits 1 and 2. Exhibit 3 is the approval for the Benton Road Tower. Both 5,05.09 D. and E. apply to existing and "approver" towers. Applicant includes on its inventory map both the Alpert Tower and the Benton Road Tower (numbers 3 and 9). For both, Applicant baldly asserts that they are outside the coverage area, and thus that both cannot be used for coloration or co -siting- This, based on Exhibits 1 and 2- is not the case. A. The RF Maps show both towers to be inside the coverage area. An inventory map does not show whether a tower is inside or outside of a coverage area, instead it is an allegation. The RF Map, however. does - The RF Map is the support for the allegation. The two RF Maps created Packet Pg. 62 3.A.j by AT&T and included as part of the company's intent to use both towers, show a coverage hole in the area of the proposed tower. Both maps show that the hole is covered by a tower at that location. The Benton Road Tower, however, is not yet built. Thus, what Applicant appears to be doing is submitting a coverage hole that does currently exist but will be resolved by the construction of the approved Benton Road Tower. The Applicant, however, does not disclose this. Nevertheless, this information is in the most recent objection letter filed by the Penners, enclosed as Exhibit 4 and submitted to the County before the approval of the SDP, and is also in the County files for the approval of the Benton Road Tower. The Applicant in the Response, in the second paragraph of page 3 of the pdf, states that my clients incorrectly assert that the Benton Road tower was not accounted for and then cites to a Comprehensive Inventory Report. This, however, misses the point. As argued herein, where the Benton Road Tower is not accounted for is in the RF Map, not the Inventory and it is the RF Map that establishes the coverage area. Note also that the Alpert Tower, a tower multiple times taller than the proposed tower is in the near vicinity of the Benton Road Tower and thus, by implication would provide the same or similar coverage as the Benton Road Tower. The Applicant should not be allowed to baldly assert a tower is outside of the coverage area, when previously submitted RF engineering documents prepared by the same company show that one, and likely two towers are in the coverage area and address the same lack of coverage. Here is a side by side of AT&T's analysis of the current coverage hole and how each tower would resolve same. Packet Pg. 63 3.A.j The above graphics prepared by the same company, AT&T, show that the proposed tower and the approved Benton Road Tower resolve the same coverage hole. What is not shown on the RF Map for the proposed tower is the effect the approved tower at Benton Road will have on the coverage hole. But, what the RF Map from AT&T shows, is that it will have a substantial effect. This is not to say the Applicant cannot prove this some other way, but based upon what was actually submitted to the County, the Applicant has not shown that either the Benton Road Tower or the Alpert Tower are not available for shared siting or use and thus the SDP approval was issued in error. Further, as is included in Exhibit 3, on pages 21 and 22 of the pdf, the Benton Road Tower has spots for additional antennas, and, as is clear from the RF Map from AT&T, AT&T "intend[s] to enter a long-term agreement and place equipment at the 200' elevation on your planned multi -carrier cell tower". It is worth noting that on the RF Map for the proposed tower, it is stated there is another tower in the area, but that tower is below the 200-foot minimum height. This is clearly not the Benton Road Tower, which is 220 feet; It is likely the tower identified as tower 1, which is less than a half mile from the proposed tower. This tower is less than 200 feet in height and does not appear to meet AT&T standards. The height of the Benton Road Tower, then, is a red herring belied by AT&T's own RF Maps, which make it clear 200 feet is all that is required, and that AT&T intends to use the Benton Road Tower. Therefore, as is clear from the RF Maps, the Applicant has not shown it has complied with sections 5.05.09.D. and E. because its allegations that the Benton Road Tower and the Alpert Tower are outside of the coverage area are not supported by the record. Packet Pg. 64 II. The Penners have Standing. The County Attorney's office has previously taken the position that an "aggrieved" person under this section is anyone that the Courts would grant "standing" to in a land use matter. The Florida Supreme Court has long recognized that standing requires showing that one will suffer special damages that differ in kind, rather than degree, from others in the community. Renard v. Dade County, 261 So.2d 832, 837 (Fla. 1972). "In determining the sufficiency of the parties' interest to give standing, factors such as the proximity of his property to the property to be zoned or rezoned, the character of the neighborhood, including the existence of common restrictive covenants and set -back requirements, and the type of change proposed are considerations." Renard v. Dade Cty., 261 So. 2d 832, 837 (Fla. 1972). A similar case in which standing has been found includes: Carroll v. W. Palm Beach, 276 So. 2d 491 (Fla. 4th DCA 1973), in which a property owner near a power line installed, as alleged by the property owner, in violation of zoning requirements, was found to have standing because the property owner alleged the power lines were "hazardous, dangerous, unsightly, and entirely out of character with the residential district in which they were being placed, and which severely impaired the appearance, utilization, function, character and value of the land area, including plaintiffs property." Carroll, 276 So. 2d at 492. Here, the Penners, as property owners in the immediate vicinity of the proposed tower are specially damaged. And they are damaged in a way similar to the Carroll case. The proposed communications tower is hazardous, dangerous, and unsightly. The Supplemental Standards for Communications Towers acknowledges the impact of towers on the community in its statement of intent, which states: 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 Packet Pg. 65 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. This appeal concerns the application of the Supplemental Standards for Communications Towers. The Penners purchased their property in reliance on the Supplemental Standards for Communications Towers, and, like any property owner and resident of the County, are entitled to rely upon the enforcement of the County's Land Development Code. The proposed tower will adversely visually impact the Penners. Further, the proposed tower will result in an unnecessary proliferation of towers in the area specifically because, as argued, shared use and siting should have been applied. This proliferation of towers will reduce the value of the Penner property and, in and of itself is hazardous and unsightly. Whether the property is vacant is irrelevant because the property can be developed. III. Conclusion Because the Applicant did not meet the standard for approval, the SDP approval should be reversed. Additionally, enclosed as Exhibit 5 are letters from adjacent and nearby property owners who also have standing and object to the entry of approval of the SDP. Sincerely, /s/ Zachary W. Lombardo Zachary W. Lombardo, Esq. Cc: Client Packet Pg. 66 = =atCox t Collier County, August 3, 2022 AT&T Mobility 8601 W Sunrise Blvd Plantation, FL 33322 n3.A. j E n RE: Letter in support of need for new AT&T site at or near the location of the proposed Cityswitch tower build (AT&T site name "Rural Estates") in Collier County, FL. Summary AT&T has an existing and ongoing need for a new facility in the vicinity of the proposed Cityswitch tower build to improve coverage, capacity and service experience for our customers in the vicinity. The required improvements to coverage and service quality cannot be accomplished through modifications to AT&Ts existing sites. The proposed tower height of 250' would place AT&T's antennas at the optimal height to close a service gap caused by a lack of towers in the area. AT&T is aware of another tower being proposed in the vicinity, but the available height on that tower is below the minimum 200' height needed to serve the target area and significantly below the optimal 250' height. To summarize, if the proposed Cityswitch tower were built, AT&T would consider this tower the optimal candidate for a currently funded wireless site and would move forward with colocation. The following pages contain radio frequency coverage plots showing the existing coverage as well as predicted coverage for the AT&T network with antennas installed at the 245' elevation. Sincerely, Maiko Llanes RF Design Engineer AT&T Mobility Packet Pg. 67 3.A.j at&t Existing coverage without proposed site: Green = good outdoor and indoor service Yellow = useable outdoor, marginal indoor service Red = marginal outdoor, poor to no indoor service Magenta — no indoor, poor to no outdoor service Ides Gati BW AT&T Mobility 8601 W Sunrise Blvd Plantation, FL 33322 A; gybing U2020 As can be seen in the map above, there is currently a large coverage gap in the vicinity of the proposed Cityswitch tower spanning from Golden Gate Blvd south to I-75. Packet Pg. 68 3.A.j at&t Predicted coverage with antennas at 245' elevation on proposed site: Green = good outdoor and indoor service Yellow = useable outdoor, marginal indoor service Red = marginal outdoor, poor to no indoor service Magenta — no indoor, poor to no outdoor service AT&T Mobility 8601 W Sunrise Blvd Plantation, FL 33322 bing U2020 On this map, the coverage improvement from the proposed site is shown. It is expected to provide significant improvements in both outdoor and in -building service as well as higher data speeds throughout the coverage area by offloading the surrounding sites. fC d Q Q Q L d 3 0 t- 0 a �a Y ti w ti v N •ML W` ^i4 W N N O M N O N 0 E M E 0 J as E z a Packet Pg. 69 a t & t February 18, 2021 Vincent Casiero Senior Vice President, Development Diamond Communications 820 Morris Turnpike, Suite 104 Short Hills, NJ 07078 AT&T Mobility 8601 W Sunrise Blvd Plantation, FL 33322 Re: Letter of intent to collocate on your planned cell tower development site FL114 (AT&T site FCL04592, GG Blvd E), located at 26.17939 /-80.57139 in Collier County. Sir: This letter of intent is provided as evidence that AT&T Mobility is in support of your effort to secure zoning approval and building permit for a new cell tower in Collier County. That we intend to enter a long-term agreement and place equipment at the 200' elevation on your planned multi -carrier cell tower, to serve our customers operating on both AT&T Mobility and FirstNet networks. The following RF coverage prediction plots are provided as a general depiction of the need for coverage/service improvement and resulting coverage/service improvement the tower location will provide. Plot 1: Existing AT&T Mobility cellular network coverage prediction Packet Pg. 70 3.A.j a t & t February 18, 2021 AT&T Mobility 8601 W Sunrise Blvd Plantation, FL 33322 Plot 2: AT&T Mobility cellular network coverage prediction, with planned Diamond site FL114 (AT&T site FCL04592, GG Blvd E) We look forward to supporting you as needed and in deploying a site as soon as possible, for the benefit of AT&T's Mobility and FirstNet customers needing to operate in the area. Sincerely, George Brosseau Principal RF Engineer AT&T Mobility — Florida (561) 312-3000 Packet Pg. 71 3.A. j EXHIBIT n 5 RESOLUTION NO.2022- 34 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 ON LANDS ZONED RURAL AGRICULTURAL (A) WITHIN THE MOBILE HOME OVERLAY (MHO) AND DESIGNATED RURAL FRINGE MIXED USE -SENDING LANDS WITHIN THE NATURAL RESOURCE PROTECTION AREA OVERLAY AND NORTH BELLE MEADE OVERLAY IN THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PURSUANT TO SECTIONS 2.01.03.G.4.a AND 2.03.08.A.4.a(3)(a) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON .95f ACRES OF A 5.0+1- ACRE TRACT LOCATED ON THE EAST SIDE OF THE NORTH - SOUTH EXTENSION OF BENTON ROAD, IN SECTION 25, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20180002327) WHEREAS, the Legislature of the State ofFlorida in Chapter 57-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to sections 2.01.03.G.4.a and 2.03.08.A.4.a(3)(a) of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and [ 19-CPS-n 1858/1690499/ 1 ] 241 Capital Naples Park CT 1 PL20180002327 1/4I22 1 of 2 Packet Pg. 72 3.A.j WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number PL20180002327 filed by Capital Telecon Holdings, LLC, with respect to the property hereinafter described in Exhibit A, be and the same is hereby approved for a Conditional Use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to Sections 2.01.03.G.4.a and 2.03.08.A.4.a(3)(a) of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein by reference. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super -majority vote, this 9 day of Fe 2022. }P . - AT. n C.RYST'ALK. KINZEL, CLERK Affest Is to ChairmaAepufy Clerk tionature 01IN" Approved as to form and legality: e><d1 Ashton-Cicko i Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions of Approval 119-CPS-0185811690499111241 Capital Naples Park CT 1 PL.20180002327 114122 BOARD OF ZONING APPEALS COLLIER CO DA LIN 2 of 2 L. McDaniel, Jr. Chairman Packet Pg. 73 3.A.j Exhibit A =- NAA%Vt I F 1-J I I: C E P I ;: (-I i- 1 r '_I U f' . 1 N C. Site Name: Naples Park Rel❑ PARENT TRACT: [TITLE] Situated in the County of Collier, State of Florida Tract 122, Floridian Farm Sites, According to Map or Plat thereof as recorded in Plat Book 4, Page 33, Public Records of Collier County, Florida. 60' X 60' LEASE AREA: [AS SURVEYED1 A lease area being a portion ofTafara Lodge, LLC, A Florida Limited Liability Companytract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along West line of said Tract 122, N 00`52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to the POINT OF BEGINNING; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" W a distance of 60.00 feet to the POINT OF BEGINNING. Containing 3,600 square feet (0.08 acres) of land more or less, INGRESS/EGRESS AND UTILITY EASEMENT "A": AS SURVEYED An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90'00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar and the POINT OF BEGINNING; Thence N 00'00'00" W a distance of 20.00 feet to a paint; Thence N 90°00'00" E a distance of 23 8. 01 feet to a point on the East line of said Tract 122; Thence along said East line, S 00'20'55" W a distance of 2 0. 00 feet to a point; Thence leaving said East line, N 90'00'00" W a distance of 147.89 feet to a paint; Thence S 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" W a distance of 30.00 feet to a point; Thence N 00°00'00" E a distance of 30.00 feet to a point; Thence N 90'00'00" W a distance of 60,00 feet to the POINT OF BEGINNING. Containing 5,658.90 square feet (0.13 acres) of land more or less. INGRESS EGRESS AND UTILITY EASEMENT "B": AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 119 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of Tract 122 in Plat Book 4, Page 33; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 20.00 feet to a paint; Thence N 90'00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122 and the Page 1 of 4 Packet Pg. 74 3.A.j 6 -1 ENGINEERING GROUP, 1N(: POINT OF BEGINNING; Thence N 90°00'00" E a distance of 5.33 feet to a point; Thence N 00°43'54" E a distance of 446.61 feet to a point on the North line of said Tract 119; Thence along said North line, S 88"02'49" E a distance of 20.00 feet to a point; Thence leaving said North line, S 00'43'54" W a distance of 465.93 feet to a point; Thence N 90'00'00" W a distance of 25.20 feet to a point; Thence N 00°20'S5'' E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 9,538.51 square feet (0.21 acres) of land more or less.. INGRESS EGRESS AND UTILITY EASEMENT "C": AS SURVEYED An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 120 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of Tract 122 in Plat Book 4, Page 33; Thence along said West line of said Tract 122, N 00`52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00'00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 20.00 feet to a point; Thence N 90*00'00" E a distance of 238,01 feet to a point on the East line of said Tract 122; Thence N 90°00'00" E a distance of 5.33 feet to a point; Thence N 00°43'54" E a distance of 446.61 feet to a point on the North line of said Tract 119 and the POINT OF BEGINNING; thence N 00°43'54" E a distance of 662.53 feet to a point on the South line of a 30 foot easement as recorded in ORB 1159, Page 1954; Thence along said South line, 5 89°16'06" E a distance of 20.00 feet to a point; Thence leaving said South line, 5 00°43'S4" W a distance of 662.96 feet to a point; Thence N 88°02'48'' W a distance of 20,00 feet to the POINT OF BEGINNING. Containing 13,254.93 square feet, (0.31 acres) of land more or less. 10' UTILITY EASEMENT; (S SURVEYED) An easement area being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along West line of said Tract 122, N 00'52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90'00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 45.00 feet to the POINT OF BEGINNING of an utility easement being 10 feet wide and lying 5 feet on each side of the following described centerline, Thence N 90°00'00" W a distance of 99.17 feet to a point on the West line of said Tract 122 and the POINT OF ENDING. Containing 991.67 square feet (0.02 acres) of land more or less. DETENTION POND EASEMENT: AS SURVEYED An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a d+stance of 100.00 feet to a set 5/8" rebar; Thence N 00`00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence Page 2 of 4 Packet Pg. 75 3.A.j ENGINEERING GROUP, INC. 5 00°00'00" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence N 90"00'00" E a distance of 30.00 feet to a point; Thence N 00'00'00" W a distance of 30.00 feet to a paint; Thence N 90°00'00" E a distance of 82.61 feet to a point; Thence S 00°00'00" E a distance of 60.00 feet to a point; Thence N 90000'00" W a distance of 112.61 feet to a point; Thence N 00'00'00" W a distance of 30.00 feet to the POINT OF BEGINNING. Containing 5,856.60 square feet, (0.1344 acres) of land more or less. DRAINAGE EASEMENT "A": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence 5 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 30.00 feet to a point; Thence N 00000'00" W a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 82.61 feet to the POINT OF BEGINNING; Thence N 90°00'00" E a distance of 65.28 feet to a point; Thence 5 00°20'5S" W a distance of 20.00 feet to a point; Thence N 90°00'00" W a distance of 65.15 feet to a point; Thence N 00°00'00" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 1,304.19 square feet (0.0299 acres) of land more or less. DRAINAGE EASEMENT "8": AS SURVEYED An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 119 in Plat gook 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00'52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00"00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00*00'00" E a distance of 30.00 feet to a point; Thence N 90"00'00" E a distance of 30.00 feet to a point; Thence N 00'00'00" W a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 82.61 feet to a point; Thence N 90°00'00" E a distance of 65.28 feet to the POINT OF BEGINNING; Thence N 90°00'00" E a distance of 25.20 feet to a point; Thence N 00°43'54" E a distance of 465.93 feet to a point; Thence S 88'02'48" E a distance of 20.00 feet to a point; Thence S 00"43'54" W a distance of 485.25 feet to a point; Thence N 90°00'00" W a distance of 45.06 feet to a point; Thence N 00°20'55" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 10,212.21 square feet, (0.2344 acres) of land more or less. DRAINAGE EASEMENT "C": (AS SURVEYED] An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 120 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West Page 3 of 4 Packet Pg. 76 3.A.j ENGINEERING GROUP, INC. line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence 5 00°00'00" E a distance of 30.00 feet to a paint; Thence N 90°00'00" E a distance of 3 0. 00 feet to a point; Thence N 00°00'00" W a distance of 3 0. 00 feet to a paint; Thence N 90`00'00" E a distance of 82.61 feet to a paint; Thence N 90°00'00" E a distance of 65.28 feet to a point; Thence N 90°00`00" E a distance of 25.20 feet to a paint; Thence N 00°43'54" E a distance of 465.93 feet to the POINT OF BEGINNING; Thence N 00°43'54" E a distance of 662.96 feet to a point; Thence S 89°16'06" E a distance of 20.00 feet to a point; Thence 5 00°43'54" W a distance of 663.39 feet to a point; Thence N 88"02'48" W a distance of 20.00 feet to the POINT OF BEGINNING. Containing 13,263.S3 square feet, (0.3045 acres) of land more or less. SURVEYOR'S CERTIFICATION I certify that all parts of this survey and drawing have been completed in accordance with the current requirements of the Standards of Practice for Surveying in the State of Florida to the best of my knowledge, information, and belief. Digitally signed by Johnny Johnny Flaskamp Flaskamp Date: 2022.03.18 12:06:34-04'00' Johnny L. Flaskamp Florida License No, 0006601 Page 4 of 4 Packet Pg. 77 (leoddy aamol Mode>j : L6117Z) bala8-AIdaM-8Z-ZO-£ZOZ-opaegwo-1 :;uawyoej4v Q Go r` a. IN Clul r € u f Jrl1 tli o 0] d a _ G= uszUm �JtityilOdl.7 �i V) ❑ a<<F DJ Y✓1k z Y N C��R P¢ �wg,u Fa n ��' ad a d' ❑ LL o 0 ry o z m Ij�ww° =N u'LMi, `<�� Q LLJ 0 0 6 1, < d S O O O g�agww Z Z_ N rc o a� c o&&? 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B�Eo nEQ�'ewi. u". ?E"iwIF. a aE�r�Lm� wg_ xE3� tr ozg` wo"mow?S_ Y a8 °SE W YS- zmo °s �i zm =�a�gmog =�aa ^: 3s5Fo�a4m. rn a 3.A.j Exhibit C Conditions of Approval 1. The Benton Road — Communication Tower Conditional Use, shall be limited to that which is depicted on the "Benton Road Relo (Naples Park) Drawings — Revised 03-02-22," prepared by SMW Engineering Group, Inc. 2. The petitioner will take care of complete maintenance during construction by grading and compacting new ruts that form on Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway as needed to keep the roadway in the pre -construction condition. Petitioner will provide photo documentation and a video of existing conditions prior to the pre -construction meeting. The video documentation shall cover the length of the road from the bridge to petitioner's driveway. 3. The petitioner will do a complete repair of any damage caused to the road after construction and grade and compact Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway with a 1-2 ton, 36", double roller, ride -on, vibratory compactor from the bridge over the canal to petitioner's driveway. 4. After construction, the petitioner will pay its fair share of road maintenance of Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway based on usage of the roads, whether Associations are formed or not. 5. Tower obstruction marker lighting shall be FAA approved Flashing lighting. Tower obstruction marker lighting shall not exceed 2000 candela per light. G. Any ground lighting for the tower shall be down -shielded and employ either motion detectors or short duration timers, 7. Petitioner's biologist shall visually inspect the development footprint within the 30 days prior to clearing actions, for bird nests containing eggs or juvenile birds. if active nests are discovered within the clearing area, Capital shall follow the applicable Migratory Bird Treaty Act (MBTA) guidelines in force at time of clearing and shall prioritize clearing, as feasible, so that trees with nests are cleared last. 8. The tower will be a self-supporting lattice tower and not a guy wired tower. [19-CPS-01859/159049111]240 Packet Pg. 92 3.A.j 9. A minimum of 5 carriers will be co -located on the tower. y+ a [ 19-CPS-01858/ 1690491/1] 2-40 Packet Pg. 93 EST. 1971 MARK �J. yWOODWARD � Lz1 die& Rad FTim 1a andinCo-jdmr; Luti& f pinedDew4rnw� Law ANTHONY P. PI RES. IR - BL)=d Ca-ufi : CIL),COLUITY, and LRxr] Go+eanrrxeru l zy J. CH REST'OPHER LOMBARDO ANTHONY). {]LMORA L.icrn.V.'ei in FR. aryl Clf{ LENoRET. BRAKE FfELD CRMG A WOODWARD ."7cix�r Cn arsl &xud Cad: Rn.1 Dnw l.,n. KENNE H V. MUNDY ZACHARY W. LOMBARDO CAMERON G. WOODWARD ROSS E. 5CHULMAN Lktre-d in f•L -u)d NN Y F. 5COTT PALI2Ak R I I CH RI STOPH E R R. H E FLI N REPLY To 0 3200 TAMIAMI TRAIL N' SUITE 200 NAPLES. FL 34103 239-649-6555 239-649-7342 FAx IJ 606 BALD EAGLE DRIVE SUITE 500 P.O. BOX ONE MARCO ISLAND, FL 34146 239-394-516i 239-642-6302 FA\ W W W.W PL—L EGAL.COM PIPES & LOMBAB-DO, ATTORNEYS AT LAW November 28, 2022 By email and Regular U.S. Marl James French Growth Management and Community Development Jaimie Cook Development Review Collier County James.french@colliercountyfl.gov Jaime.cook@colliercountyfl.gov Subject: Continued and Renewed Objection to PL20210002791; and, Objection to PRCT20220944213, 1160 Kapok St (the "Subject Property") Mr. French, and Ms. Cook: This firm represents Mitchell and Melanie Penner, the property owners of parcel Nds 00307760001, 00308920002, and 00307920003. The Penners own property, including the aforementioned parcels, and are aggrieved parties with respect to the proposed development.' The Penners have previously filed objections to the SDP application. PL20210002791, and the building permit PRCT20220944213, for the proposed new tower in excess of 185 feet (copies enclosed as Exhibits 1. 2, and 3 to this letter). The Penners have reviewed the resubmitted SDP application for PL20210002791, and hereby renew their objection to the This filing and the submittal of the various documents, materials, and arguments herein as part of this objection is and is being made and provided while reserving the right to supplement this filing with additional arguments and additional materials once discovered and/or obtained. No rights, concerns, or objections of the Penners concerning the SDP and the building permit application are waived by anything stated herein or omitted here from. and the right to present, make and submit additional arguments and materials is specifically reserved. Packet Pg. 94 approval of a tower in excess of 185 feet at the Subject Property because: 1. The applicant did not contact the owners of towers within the 6-mile radius as required; and 2. The applicant did not account for the tower approved on Benton Road and thus the documentation on the insufficiency of surrounding facilities is incomplete As stated in the prior three, enclosed, objection letters, the applicant has failed to show that the proposed tower fits within: 1. the exception to colocation by showing it cannot collocate with an existing or approved tower within the effective radius; and, 2. the exception to co -siting by showing it cannot co -site with an existing or approved tower site within the effective radius. Thus, the applicant has failed to show it qualifies for approval of a tower in excess of 185 feet. Most concerning in this resubmittal, the Applicant in response to this failure and with its most recent resubmittal states: "A supplemental RF Engineer's report including a 6-mile search radius has been provided that explains why co -location is not possible. Also included is the original AT&T RF Letter and Propagation Maps." The referenced AT&T RF Engineer's report contains a sheet titled "Comprehensive Inventory Report — 6mi Search Radius". On this document, the applicant, without any indication it contacted the tower owners of the listed towers, as required by the LDC, represents that the towers within 6 miles are insufficient in some way or another. This as explained below, does not meet the LDC requirements and thus the SDP application must be denied. More importantly, however, this document does not include all approved towers. This document leaves off the tower approved by PL20180002327. This is critically important because the tower approved by PL20180002327 (the "Benton Road Tower") is a 220-foot-tall tower that included the enclosed coverage map provided by the AT&T, the same entity that provided the Comprehensive Inventory Map and the RF Letter. Figure 1 below is an excerpt from that coverage map from the Benton Road Tower that shows the lack of coverage before the approval of the Benton Road Tower. Figure 2 below is the coverage provided by the Benton Road Tower. The purple coverage area includes the location of the proposed tower here. This blatant failure to include an approved tower that clearly provides coverage to the area where this application proposes to site a tower is, in addition to the reasons stated below, a reason for the determination that the current submission is insufficient and cannot be approved. 2 of 4 Packet Pg. 95 3.A.j Plot 1: Existing AT&T Mobility cellular network coverage prediction Figure 7 Plot 2: AT&T Mobility cellular network coverage prediction. with planned Diamond site FL114 (AT&T site FCLa4592. GG Bled E) Figure 2 3of4 Packet Pg. 96 3.A.j The resubmittai also includes an RE package that clearly also does not reference the Benton Road Tower and as a result should be disregarded. Additionally, pursuant to section 5.05.09.D, LDC, the Applicant is required to submit a list of all owners contacted, the date of each contact, the form and content of each contact, and all responses. The applicant has not submitted this and thus, has not satisfied the requirements for an application for a tower of 185 feet in height. Pursuant to section 5.05,09.E, LDC. the Applicant is required to pursue shared siting. No indication of this has been provided. As a result, the Penners adopt the argument from their June 23, 2022, letter, enclosed, in full, and their August 17, 2022, letter, enclosed in full, and their October 18. 2022, letter, enclosed in full, as the various deficiencies have still not been resolved by the applicant, despite being directly required by the County in its initial Review Comment letter, on page 4 of the letter, comment 11. and its second Review Comment letter, on page 2, comment 11, and its third Review Comment letter. on page 2, comment 11. Sincerely, ary W. Lombardo, Esq. Copies to County Attorney J. Klatzkow; Commissioner W. McDaniel; Director R. Lang; and Planner C. Willoughby Enclosures as indicated 4OT-4 Packet Pg. 97 EXHF3.A.j JCZ; C�PAMJ FST. 1971 MAAk J- WOODWARD &3 ACcii6akL-AL�w, Ley and inC ofakauilnI & PWinei Ilnrl+l jr law ANTHONY P. PI REs. I R. B-UaI C�fifimt r [n: r oi"%. zd Lcc-J C'..=Trrnt I- k J. CFIRJSTOP FiER I.OMR.ARDO ANTE IONY J. DEMOke4 I- Mae ir. FJ--,Vil 011 LE NoRE T- BRAKE F I F L n CRAIG R. WOODWARD fS.uc! L'esrirni 1?cil F.Sv1ff. � KENNETH V MUNDY ZAcHAR.YW LommRDO CAMERON G- WCX)DWARO ROSS E- SCHUL,►MAN L.kynn f L- I I iii'%( F. 5COTT PAUZAK III CHR15TOPHER It. HFFLFN RF PLY TO 3200 TAMIAAII TRAIL N SuiT 1 200 NAPLES. FL 34IL13 239- 4La-(,555 239-649 ,3-0i FAN J 606 BALD EAGLE Mjw SUITE 500 r.o. Box ONF MAkff) ISLAND. FL 34146 239-t42-6402 F." WWW.WPL-LFGAL.CO&1 WOODWARD, P I RES & LoMBARDO, P.A. ATTORNEYS AT LAW June 23, 2022 By U.S. marl and email Amy Patterson County Manager James French Growth Management and Community Development Jaimie Cook Development Review Collier County 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 2800 Horseshoe Drive N Naples, FL 34104 A m y. P att e rso n@ co l l ie rco u ntyf I, Qov James. French @colliercountyfl.gov Jaime. Cook @ collie rcountyfR.gpv Subject: Objection to PL20210002791 (the "Application"), 1160 Kapok St (the "Subject Property") Ms. Patterson, Mr. French, and Ms. Cook. This firm represents Mitchell and Melanie Penner, the property owners of parcel Nos 00307760001, 00308920002, and 00307920003. The Penners own property, including the aforementioned parcels. within 1,000 feet of the proposed tower site the Subject Property], see below Figure 1 and are aggrieved and affected parties. (The Subject Property and the property owned by the Penners referenced above is not located in the Urban designated areas of the Future Land Use Map.) The Application and documents filed to date indicate that the proposed tower is 250 feet tall. Packet Pg. 98 3.A.j The Penners abject to the approval of a tower in excess of 185 feet at the Subject Property.I The applicant has failed to show or provide any documentation that the proposed tower fits within both the exception to colocation by showing it cannot collocate with an existing or approved tower within the effective radius, and the exception to co -siting by showing it cannot co -site with an existing or approved tower site within the effective radius. Thus, the applicant has failed to demonstrate it qualifies for approval of a tower in excess of 185 feet. Identifying the Subject Property, the Nearby parcels owned by the Penners, and the Approved tower at 550 Frangipani This filing and the submittal of the various documents, materials, and arguments herein as part of this objection is and is being made and provided while reserving the right to supplement this filing with additional arguments and additional materials once discovered and/or obtained. No rights. concerns, or objections of the Penners concerning the SDP are waived by anything stated herein or omitted here from, and the right to present, make and submit additional arguments and materials is specifically reserved. ra Packet Pg. 99 The site upon which the tower is proposed is zoned agricultural and is subject to the requirements of section 5.05.09, Collier County Land Development Code ("LDC"). Pursuant to section 5.05.09 D and E, LDC, an applicant for a tower with a height in excess of 185 feet "shall not be approved'unless the applicant demonstrates that it fits within exceptions by showing colocation and co -siting are not possible. The intent section of section 5.05.09, LDC, (emphasis added) explains this in stating: 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. I. The Applicant has Failed to Show that the subject tower meets the Exception to the Requirements of section 5.05.09.11), LDC The colocation requirements and exception are as follows (emphasis added): 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. As noted above, the proposed tower is 250 feet tall. The applicant has not submitted anything to demonstrate, support, or address that "no old or approved 3 Packet Pg. 100 tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment." Therefore, the site plan as submitted must be denied. II. The Applicant has Failed to Show that the subject tower meets the Exception to the Requirements of section 5.05.09.E, LDC The co -siting requirements and exception are as follows (emphasis added): 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. As noted above, the proposed tower is 250 feet tall. The applicant has not submitted anything to demonstrate, support, or address the above. Therefore, the site plan as submitted must be denied. III. There are Approved and Existing Towers within the Effective Radius for both Colocation and Co -Siting In section 5.05.09.B., LDC, the "effective radius" is defined as "a radius of 6 miles from the respective tower unless a lesser radius is approved." There are multiple towers within the effective radius of the Subject Property, including, but not limited to, the recently approved new tower on Benton Road, PL20180002327, and also the recently approved new tower approximately a half mile away at 550 Frangipani Avenue, PL20200000886, see above Figure 1. In addition to these recently approved towers, there are existing towers within the effective radius on which the applicant can collocate and potentially co -site, including, but not limited to, the existing tower at 1510 Benton Road. Enclosed as Exhibit 1 is Collier County Resolution 2022-30 approving a new tower on Benton Road (PL20180002327). In the conditions for approval, condition 9, the tower on Benton Road is required to co -locate with 5 carriers. Also enclosed, as Exhibit 2, is the affidavit of the applicant for PL20180002327 stating it will allow for colocation. 4 Packet Pg. 101 3.A.j For reference, enclosed as Exhibit 3 is a map from the Federal Communications Commission showing roughly 12 towers within the fi-mile radius from the Subject Property. Therefore. the site development plan as submitted must be denied. As the Penners are aggrieved and affected parties. we request that. as their counsel. we be copied on all request for additional information communications with the applicant. Sincerely, rdo. Esq. Copies to County Attorney J. Klatzkow, Commissioner W McDaniel; and Planner C. Wiiloughby Enclosures as indicated Packet Pg. 102 Exh i 3.A.j RESOLUTION NO.2022- 30 `r 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 ON LANDS ZONED RURAL AGRICULTURAL (A) WITHIN THE MOBILE HOME OVERLAY (MHO) AND DESIGNATED RURAL FRINGE MIXED USE -SENDING LANDS WITHIN THE NATURAL RESOURCE PROTECTION AREA OVERLAY AND NORTH BELLE MEADE OVERLAY IN THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PURSUANT TO SECTIONS 2.01.03.G.4.a AND 2.03.08.A.4.a(3)(a) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON .95f ACRES OF A 5.0+/- ACRE TRACT LOCATED ON THE EAST SIDE OF THE NORTH - SOUTH EXTENSION OF BENTON ROAD, IN SECTION 25, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20180002327) WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to sections 2.01.03.G.4.a and 2.03.08.A.4.a(3)(a) of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and [19-CPS-01858/1690499/1]241 Capital Naples Park CT / PL20180002327 1/4/22 1 Of 2 Packet Pg. 103 3.A.j WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number PL20180002327 filed by Capital Telecon Holdings, LLC, with respect to the property hereinafter described in Exhibit A, be and the same is hereby approved for a Conditional Use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to Sections 2.01.03.G.4.a and 2.03.08.A.4*3)(a) of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit B. and subject to the conditions in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein by reference. 3760 BE IT FURTHER RESOLVED that this Resolution be retarded in the minutes of this �7 f1.-. This Resolution adopted after motion, second, and super -majority vote, this 2 day of ,, 2022. CIt;Ai;'3Jrti: KINZEL, CLERK 1ti - *StSt0`CLhZair(Manacp1 Clerk *gq!ure onlly. Approved as to form and legality: eidl Ashton-Cicko ' Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions of Approval [I 9-CPS-0 1858/1690499/1 ]241 Capital Naples Park CT 1 PL20180002327 114122 BOARD] OF ZONING APPEALS COLLIER CO DA Lo 2 of 2 L. McDaniel, Jr. Chairman Packet Pg. 104 Exhibit A ENGINEERING GROUP, INC. Site Name: Naples Park Relo PARENT TRACT: (TITLE) Situated in the County of Collier, State of Florida Tract 122, Floridian Farm Sites, According to Map or Plat thereof as recorded in Plat Book 4, Page 33, Public Records of Collier County, Florida. 60' X 60' LEASE AREA: (AS SURVEYED) A lease area being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to the POINT OF BEGINNING; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" W a distance of 60.00 feet to the POINT OF BEGINNING. Containing 3,600 square feet (0.08 acres) of land more or less. INGRESS/EGRESS AND UTILITY EASEMENT "A": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar and the POINT OF BEGINNING; Thence N 00°00'00" W a distance of 20.00 feet to a point; Thence N 90°00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122; Thence along said East line, S 00'20'55" W a distance of 20.00 feet to a point; Thence leaving said East line, N 90°00'00" W a distance of 147.89 feet to a point; Thence S 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" W a distance of 30.00 feet to a point; Thence N 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" W a distance of 60.00 feet to the POINT OF BEGINNING. Containing 5,658.90 square feet (0.13 acres) of land more or less. INGRESS/EGRESS AND UTILITY EASEMENT "B": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 119 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of Tract 122 in Plat Book 4, Page 33; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 20.00 feet to a point; Thence N 90°00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122 and the Page Packet Pg. 105 ENGINEERING GROUP, INC. POINT OF BEGINNING; Thence N 90°00'00" E a distance of 5.33 feet to a point; Thence N 00°43'54" E a distance of 446.61 feet to a point on the North line of said Tract 119; Thence along said North line, S 88°02'49" E a distance of 20.00 feet to a point; Thence leaving said North line, S 00°43'54" W a distance of 465.93 feet to a point; Thence N 90°00'00" W a distance of 25.20 feet to a point; Thence N 00°20'55" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 9,538.51 square feet (0.21 acres) of land more or less.. INGRESS/EGRESS AND UTILITY EASEMENT "C": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 120 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of Tract 122 in Plat Book 4, Page 33; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 20.00 feet to a point; Thence N 90°00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122; Thence N 90°00'00" E a distance of 5.33 feet to a point; Thence N 00°43'54" E a distance of 446.61 feet to a point on the North line of said Tract 119 and the POINT OF BEGINNING; thence N 00°43'54" E a distance of 662.53 feet to a point on the South line of a 30 foot easement as recorded in ORB 1159, Page 1954; Thence along said South line, S 89°16'06" E a distance of 20.00 feet to a point; Thence leaving said South line, S 00°43'54" W a distance of 662.96 feet to a point; Thence N 88°02'48" W a distance of 20.00 feet to the POINT OF BEGINNING. Containing 13,254.93 square feet, (0.31 acres) of land more or less. 10' UTILITY EASEMENT: (AS SURVEYED) An easement area being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 45.00 feet to the POINT OF BEGINNING of an utility easement being 10 feet wide and lying 5 feet on each side of the following described centerline, Thence N 90°00'00" W a distance of 99.17 feet to a point on the West line of said Tract 122 and the POINT OF ENDING. Containing 991.67 square feet (0.02 acres) of land more or less. DETENTION POND EASEMENT: (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence Page 2 of 4 Packet Pg. 106 ENGINEERING GROUP, INC. S 00°00'00" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence N 90°00'00" E a distance of 30.00 feet to a point; Thence N 00°00'00" W a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 82.61 feet to a point; Thence S 00°00'00" E a distance of 60.00 feet to a point; Thence N 90°00'00" W a distance of 112.61 feet to a point; Thence N 00°00'00" W a distance of 30.00 feet to the POINT OF BEGINNING. Containing 5,856.60 square feet, (0,1344 acres) of land more or less. DRAINAGE EASEMENT "A": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 30.00 feet to a point; Thence N 00°00'00" W a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 82.61 feet to the POINT OF BEGINNING; Thence N 90°00'00" E a distance of 65.28 feet to a point; Thence S 00°20'55" W a distance of 20.00 feet to a point; Thence N 90°00'00" W a distance of 65.15 feet to a point; Thence N 00°00'00" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 1,304.19 square feet (0.0299 acres) of land more or less. DRAINAGE EASEMENT "B": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 119 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 30.00 feet to a point; Thence N 00°00'00" W a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 82.61 feet to a point; Thence N 90°00'00" E a distance of 65.28 feet to the POINT OF BEGINNING; Thence N 90°00'00" E a distance of 25.20 feet to a point; Thence N 00°43'54" E a distance of 465.93 feet to a point; Thence S 88°02'48" E a distance of 20.00 feet to a point; Thence S 00°43'54" W a distance of 485.25 feet to a point; Thence N 90°00'00" W a distance of 45.06 feet to a point; Thence N 00°20'55" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 10,212.21 square feet, (0.2344 acres) of land more or less. DRAINAGE EASEMENT "C": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 120 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West Page 3 of 4 Packet Pg. 107 ENGINEERING GROUP, INC. line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 30.00 feet to a point; Thence N 00°00'00" W a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 82.61 feet to a point; Thence N 90°00'00" E a distance of 65.28 feet to a point; Thence N 90°00'00" E a distance of 25.20 feet to a point; Thence N 00°43'54" E a distance of 465.93 feet to the POINT OF BEGINNING; Thence N 00°43'54" E a distance of 662.96 feet to a point; Thence S 89°16'06" E a distance of 20.00 feet to a point; Thence S 00°43'54" W a distance of 663.39 feet to a point; Thence N 88°02'48" W a distance of 20.00 feet to the POINT OF BEGINNING. Containing 13,263.53 square feet, (0.3045 acres) of land more or less. SURVEYOR'S CERTIFICATION I certify that all parts of this survey and drawing have been completed in accordance with the current requirements of the Standards of Practice for Surveying in the State of Florida to the best of my knowledge, information, and belief. Digitally signed by Johnny Johnny Flaskamp F l a s ka m p Date: 2022.03.18 12:06:34-04'00' Johnny L. Flaskamp Florida License No. 0006601 Page 4 of 4 Packet Pg. 108 (jeaddd aamol ijodeM : L6LtiZ) la!j8-AIda21-8Z-ZO-£ZOZ-opjegwo-1 :;uauayaejjv Qjr a c;`� _ J= Co REM a. 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The petitioner will take care of complete maintenance during construction by grading and compacting new ruts that form on Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway as needed to keep the roadway in the pre -construction condition. Petitioner will provide photo documentation and a video of existing conditions prior to the pre -construction meeting. The video documentation shall cover the length of the road from the bridge to petitioner's driveway. 3. The petitioner will do a complete repair of any damage caused to the road after construction and grade and compact Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway with a 1-2 ton, 36", double roller, ride -on, vibratory compactor from the bridge over the canal to petitioner's driveway. 4. After construction, the petitioner will pay its fair share of road maintenance of Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway based on usage of the roads, whether Associations are formed or not. 5. Tower obstruction marker lighting shall be FAA approved flashing lighting. Tower obstruction marker lighting shall not exceed 2000 candela per light. 6. Any ground lighting for the tower shall be down -shielded and employ either motion detectors or short duration timers. 7. Petitioner's biologist shall visually inspect the development footprint within the 30 days prior to clearing actions, for bird nests containing eggs or juvenile birds. If active nests are discovered within the clearing area, Capital shall follow the applicable Migratory Bird Treaty Act (MBTA) guidelines in force at time of clearing and shall prioritize clearing, as feasible, so that trees with nests are cleared last. 8. The tower will be a self-supporting lattice tower and not a guy wired tower. [19-CPS-01858/1690491/11240 Packet Pg. 123 3.A.j 9. A minimum of 5 carriers will be co -located on the tower. a+ Q [19-CPS-01858/1690491/1]240 Packet Pg. 124 3.A.j Exh I COLLIER COUNTY INTENT TO ALLOW COLLOCATION AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Vincent Casiero who being by me first duly sworn, under oath, deposes and states as follows: 1. 1 am over eighteen ( 18) years of age and have personal knowledge of the matters contained herein 2. I am an Authorized Signatory of Capital Telecom Holdings I1 and have the authority to sign this affidavit. 3. It is the intent of Capital Telecom Holdings H to construct a wireless communication tower on parcel 326347200009 in Collier County, Florida 4. It is the intent of Capital Telecom Holdings 11 and its successors to allow collocation of wireless communication antennas at a reasonable market rates or to allow a replacement tower to be erected within the leased area provided that the replacement is physically and contractually feasible and that the cost of modifying or replacing the wireless communication tower to accommodate the collocated equipment is home by the collocating company. FURTHER AFFIANT SAYETYH NOT. STATE OF NEW JERSEY COUNTY OF LCU Vincent Casiero, Authorized Signatory Capital Telecom Holdings II Sworn to (or affirmed) and subscribed before me this �fiYl day of- . 2018 by V 111 " MiMU. (Seal) Printed Noire of Notary Personally Known Type of Identification Produced �4ILot. weO W 1 V OR Produced Identification JESSICA L. WEINBERG NOTARY P JEUC OF lW JIMMY 10 # 50000166 Cawt lion fth o 71BIaD19 Packet Pg. 125 ,Titenna Structure Registration kSR-GIS I Exhibit 3 -Wwhw0'! Ooilf� I Packet Pg. 126 1 Ex 3.A.j WOO DWARD, P I RE S & LO M BARDO, P.A. EST 1971 ATTORNEYS AT LANV August 17. 2022 MARKJ. WOODWARD &�zd Cc s - R=11mle L. xoinC_ondmir rn& Sent By email: P1vmitdnnr1LTrnmFL" Amy. Pattersoncolliercount fl. ov ANTHONY PI�JR Jai-nes.french colliercount fl. ov E,oa�3 CuvSeii �ry.Crxnvy: xmiIac' GovcnmrmLnv Jaime cook collierCoLfnt fl. ❑v J. CHRISTOPHER- LOMBARDO ANTHONYm 1-D�M Amy Patterson a LEfiORET.BRAKEFULD County Manager 3 0 James French CRA1GRwrc� Growth Management and Community Development 0 BLv1d Ctrfi� Real Emir tzw R Y Jaimie Cook ti KENNEM V.MUNDY Collier County Development Review 7ACHAW W. LOMBARDO cV '� CAMERON G. WOODWARD RE: Subject: Renewed abjection to PL20210002791, 1160 Kapok St •L ROSS E. SCHULMAM eo uT3,t,ainE`L& NX (the "Subject Property") F. ScoTT PAUzAK m Q' a� CHRISOrKERK.HfRIN Ms. Patterson, Mr. French, and Ms. Cook, ; N This firm represents Mitchell and Melanie Penner, the property owners of o M parcel Nas 00307760001. 00308920002, and 00307920003. The Penners N own property, including the aforementioned parcels, within 1:000 feet of the -a proposed tower site (the Subject Property) and are aggrieved parties. (The Subject Property and the property owned by the Penners referenced above o is not located in the Urban designated areas of the Future Land Use Map.) -J The Penners have reviewed the County's Review Comment Letter E dated July 6, 2022. and the responsive submission dater! August 9, � MPiYrn: 2022, and hereby renew their objection to the approval of a rower in Q 21 3200 TAML4MI TRAIL N. excess of 185 feet at the Subject Property because the requirements SUITE 200 NAPLES. FL 34103 of the LAC have not been met.' 239-649-6555 239-649-7342 FAX ZI 606 BALD EAGLE DRIVE SUITE 500 P.D. BM ONE This filing and the submittal of the various documents, materials, and arguments herein MARCO ISLAND. FL 34146 239-394-5161 as part of this objection is and is being made and provided while reserving the right to 239-02-G402 Fax supplement this filing with additional arguments and additional materials once discovered "T4 W,WPL-LEGAL.CQM and/or obtained. No rights, concerns, or objections of the Penners concerning the SDP are waived by anything stated herein or omitted here from, and the right to present, ma' e and submit additional arguments and materials is specifically reserved. Packet Pg. 127 3.A.j The applicant has failed to show that the proposed tower fits within both the exception to colocation by showing it cannot collocate with an existing or approved tower within the effective radius and the exception to co -siting by showing it cannot co -site with an existing or approved tower site within the effective radius. Thus, the applicant has failed to show it qualifies for approval of a tower in excess of 185 feet. In the County's review comment letter, in comment 11 of the zoning review, the County specifically requested the following: Correction Comment 11: As requested per email correspondence dated November 16, 2021, to Kendall Lotze at ignite Wireless, provide documentation demonstrating that no old or approved tower within the effective radius can accommodate the applicants proposed antenna and ancillary equipment. LDC Section 5.05.09, ❑. Provide an RF Engineer's report including any towers within the 6 miles radius and explain why co -location is not possible. For each possible tower site, the application will provide the requirements as stated in LDC Section 5.05.09.E.2.a-g. instead of providing an RF Engineer's report including any towers within the 5-mile radius and explaining why co -location is not possible, the applicant attached a coverage map from AT&T. This is non -responsive, and this requirement has not been addressed elsewhere in the resubmittal. As a result. the Penners adopt the argument from their June 23. 2022. letter, enclosed, in full, as it has not been addressed by the applicant at all, despite being directly required by the County in its Review Comment letter, on page 4 of the letter; comment 11, excerpted above. Therefore, the site development plan, for the above reason. as submitted must be denied Sincerely, Zachory Lombardo; cc: J. Klatzkow, County Attorney W. McDaniel, Commissioner C. Willoughby, Planner Enclosures as indicated. Packet Pg. 128 3.A.j �j £ST. ] 971 MARK J. WOODWAR D PA,�3 Ct=hmi Rml Lmw Lam Ord in CcA e1 to ena,r. i &- I btw.a1 Dn,A I i, t Lot AIYFHONY F. PIPES. J R ikurdLCr[i e&[in�L�ia%. MI i :.al (7c =U; )Mr I.a+A j CIMSTOf HER LOMBARDO AhM40 Y J. Dim0P,A L�,stnlw 6LaniOli LENORF T. BPAKEF1El D CRAIG R. WOODWARD Ses�x C.•,,� KENNETH V. MUNDY ZACEiARY W J0Ni 4RDO CAME RON G. WOODWAAD ROSS E. SCHULMAN La-n cl iri Ll irt! w')- F. 5COTT PAUwt II I CHRISTORIER R. HEFLIN RE PLY TO- -D 3200 TAM I A NU I RAIL iN. 5L11TE 200 NAPLES. FL 34103 �7J-GA9-h5S5 1w-r,-c9-7342 FAX J 606 BALD EAGLF DRIVt SUITE RQ P.O. SOX ONF iv1AFLco Is LAND. FL 34146 239.39s 5?n! 239-642-6402 FA}X VVWW. W PL- L LGAL.COr`I WOO❑WARD, PIKES & LOMBARDO, P.A. ATTORNEYS AT LAW June 23, 2022 By U.S. marl and email Amy Patterson County Manager James French Growth Management and Community Development Jaimie Cook Development Review Collier County 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 2800 Horseshoe Drive N Naples, FL 34104 Amy. Patterson @ colliercountyf1.goy James. French@collie rcount fl. gov Jaime. Cook @ collie rcou ntyf1. gov Subject: Objection to PL20210002791 (the "Application"), 1160 Kapok St (the "Subject Property") Ms. Patterson. Mr. French, and Ms. Cook, This firm represents Mitchell and Melanie Penner. the property owners of parcel Ngs 00307760001, 00308920002, and 00307920003. The Penners own property, including the aforementioned parcels, within 1,000 feet of the proposed tower site (the Subject Property), see below Figure 1 and are aggrieved and affected parties. (The Subject Property and the property owned by the Penners referenced above is not located in the Urban designated areas of the Future Land Use Map.) The Application and documents filed to date indicate that the proposed tower is 250 feet tall. Packet Pg. 129 3.A.j The Penners object to the approval of a tower in excess of 185 feet at the Subject Property.' The applicant has failed to show or provide any documentation that the proposed tower fits within both the exception to colocation by showing it cannot collocate with an existing or approved tower within the effective radius, and the exception to co -siting by showing it cannot co -site with an existing or approved tower site within the effective radius. Thus, the applicant has failed to demonstrate it qualifies for approval of a tower in excess of 185 feet. r2r1MOOK Identifying the Subject Property, the Nearby parcels owned by the Penners, and the Approved tower at 550 Frangipani This filing and the submittal of the various documents, materials, and arguments herein as part of this objection is and is being made and provided while reserving the right to supplement this filing with additional arguments and additional materials once discovered and/or obtained. No rights, concerns. or objections of the Penners concerning the SDP are waived by anything stated herein or omitted here from, and the right to present, make and submit additional arguments and materials is specifically reserved. Z Packet Pg. 130 The site upon which the tower is proposed is zoned agricultural and is subject to the requirements of section 5.05.09, Collier County Land Development Code ("LDC"). Pursuant to section 5.05.09 D and E, LDC, an applicant for a tower with a height in excess of 185 feet "shall not be approved' unless the applicant demonstrates that it fits within exceptions by showing colocation and co -siting are not possible. The intent section of section 5.05.09, LDC, (emphasis added) explains this in stating: 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. I. The Applicant has Failed to Show that the subject tower meets the Exception to the Requirements of section 5.05.09.D, LDC The colocation requirements and exception are as follows (emphasis added): 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. As noted above, the proposed tower is 250 feet tall. The applicant has not submitted anything to demonstrate, support, or address that "no old or approved 3 Packet Pg. 131 tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment." Therefore, the site plan as submitted must be denied. II. The Applicant has Failed to Show that the subject tower meets the Exception to the Requirements of section 5.05.09.E, LDC The co -siting requirements and exception are as follows (emphasis added): 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. As noted above, the proposed tower is 250 feet tall. The applicant has not submitted anything to demonstrate, support, or address the above. Therefore, the site plan as submitted must be denied. III. There are Approved and Existing Towers within the Effective Radius for both Collocation and Co -Siting In section 5.05.09.B., LDC, the "effective radius" is defined as "a radius of 6 miles from the respective tower unless a lesser radius is approved." There are multiple towers within the effective radius of the Subject Property, including, but not limited to, the recently approved new tower on Benton Road, PL20180002327, and also the recently approved new tower approximately a half mile away at 550 Frangipani Avenue, PL20200000886, see above Figure 1. In addition to these recently approved towers, there are existing towers within the effective radius on which the applicant can collocate and potentially co -site, including, but not limited to, the existing tower at 1510 Benton Road. Enclosed as Exhibit 1 is Collier County Resolution 2022-30 approving a new tower on Benton Road (PL20180002327). In the conditions for approval, condition 9, the tower on Benton Road is required to co -locate with 5 carriers. Also enclosed, as Exhibit 2, is the affidavit of the applicant for PL20180002327 stating it will allow for coloration. rd Packet Pg. 132 3.A.j For reference. enclosed as Exhibit 3 is a map from the Federal Communications Commission showing roughly 12 towers within the 6-mile radius from the Subject Property. Therefore, the site development plan as submitted must be denied. As the Penners are aggrieved and affected parties, we request that, as their counsel, we be copied on all request for additional information communications with the applicant. Cinrr�rahr -sq- Copies to County Attorney J KlatzkoA, Commissioner W. McDaniel, and Planner C. Willoughby Enclosures as indicated 5 Packet Pg. 133 Exhibj3.A.j RESOLUTION NO.2022- 30 `r 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 ON LANDS ZONED RURAL AGRICULTURAL (A) WITHIN THE MOBILE HOME OVERLAY (MHO) AND DESIGNATED RURAL FRINGE MIXED USE -SENDING LANDS WITHIN THE NATURAL RESOURCE PROTECTION AREA OVERLAY AND NORTH BELLE MEADE OVERLAY IN THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PURSUANT TO SECTIONS 2.01.03.G.4.a AND 2.03.08.A.4.a(3)(a) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON .95t ACRES OF A 5.0+/- ACRE TRACT LOCATED ON THE EAST SIDE OF THE NORTH - SOUTH EXTENSION OF BENTON ROAD, IN SECTION 25, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20180002327) WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to sections 2.01.03.G.4.a and 2.03.08.A.4.a(3)(a) of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and [19-CPS-01858/1690499/1]241 Capital Naples Park CT / PL20180002327 1/4/22 1 of 2 Packet Pg. 134 3.A.j WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number PL20180002327 filed by Capital Telecon Holdings, LLC, with respect to the property hereinafter described in Exhibit A, be and the same is hereby approved for a Conditional Use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to Sections 2.01.03.G.4.a and 2.03.08.A.4.a(3)(a) of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B. and C are attached hereto and incorporated herein by reference. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super -majority vote, this Y day of 2022. 1C�AI. KINZEL, CLERIC attrr5# S to ChairMarnepu Clerk sionature on€v. Approved as to form and legality: r L. Z aeidishton-Cicka � Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions of Approval [19-CP5-01858/1690499/11241 Capital Naples Park CT I PL20180002327 1 /4122 BOARD OF ZONING APPEALS role] aaIsi 2of2 Wi 1:1 L. McDaniel, Jr. Chairman Packet Pg. 135 Exhibit A ENGINEERING GROUP, INC. Site Name: Naples Park Relo PARENT TRACT: (TITLE) Situated in the County of Collier, State of Florida Tract 122, Floridian Farm Sites, According to Map or Plat thereof as recorded in Plat Book 4, Page 33, Public Records of Collier County, Florida. 60' X 60' LEASE AREA: (AS SURVEYED) A lease area being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to the POINT OF BEGINNING; Thence N 00"00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" W a distance of 60.00 feet to the POINT OF BEGINNING. Containing 3,600 square feet (0.08 acres) of land more or less. INGRESS/EGRESS AND UTILITY EASEMENT "A": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00"52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar and the POINT OF BEGINNING; Thence N 00°00'00" W a distance of 20.00 feet to a point; Thence N 90°00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122; Thence along said East line, S 00°20'55" W a distance of 20.00 feet to a point; Thence leaving said East line, N 90°00'00" W a distance of 147.89 feet to a point; Thence S 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" W a distance of 30.00 feet to a point; Thence N 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" W a distance of 60.00 feet to the POINT OF BEGINNING. Containing 5,658.90 square feet (0.13 acres) of land more or less. INGRESS/EGRESS AND UTILITY EASEMENT "B": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 119 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of Tract 122 in Plat Book 4, Page 33; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 20.00 feet to a point; Thence N 90°00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122 and the Pag Packet Pg. 136 ENGINEERING GROUP, INC. POINT OF BEGINNING; Thence N 90°00'00" E a distance of 5.33 feet to a point; Thence N 00°43'54" E a distance of 446.61 feet to a point on the North line of said Tract 119; Thence along said North line, S 88°02'49" E a distance of 20.00 feet to a point; Thence leaving said North line, S 00°43'54" W a distance of 465.93 feet to a point; Thence N 90°00'00" W a distance of 25.20 feet to a point; Thence N 00°20'55" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 9,538.51 square feet (0.21 acres) of land more or less.. INGRESS/EGRESS AND UTILITY EASEMENT "C": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 120 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of Tract 122 in Plat Book 4, Page 33; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 20.00 feet to a point; Thence N 90°00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122; Thence N 90°00'00" E a distance of 5.33 feet to a point; Thence N 00°43'54" E a distance of 446.61 feet to a point on the North line of said Tract 119 and the POINT OF BEGINNING; thence N 00°43'54" E a distance of 662.53 feet to a point on the South line of a 30 foot easement as recorded in ORB 1159, Page 1954; Thence along said South line, S 89°16'06" E a distance of 20.00 feet to a point; Thence leaving said South line, S 00°43'54" W a distance of 662.96 feet to a point; Thence N 88°02'48" W a distance of 20.00 feet to the POINT OF BEGINNING. Containing 13,254.93 square feet, (0.31 acres) of land more or less. 10' UTILITY EASEMENT: (AS SURVEYED) An easement area being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 45.00 feet to the POINT OF BEGINNING of an utility easement being 10 feet wide and lying 5 feet on each side of the following described centerline, Thence N 90°00'00" W a distance of 99.17 feet to a point on the West line of said Tract 122 and the POINT OF ENDING. Containing 991.67 square feet (0.02 acres) of land more or less. DETENTION POND EASEMENT: (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence Page 2 of 4 Packet Pg. 137 ENGINEERING GROUP, INC. S 00°00'00" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence N 90°00'00" E a distance of 30.00 feet to a point; Thence N 00°00'00" W a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 82.61 feet to a point; Thence S 00*00'00" E a distance of 60.00 feet to a point; Thence N 90°00'00" W a distance of 112.61 feet to a point; Thence N 00°00'00" W a distance of 30.00 feet to the POINT OF BEGINNING. Containing 5,856.60 square feet, (0.1344 acres) of land more or less. DRAINAGE EASEMENT "A": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 30.00 feet to a point; Thence N 00°00'00" W a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 82.61 feet to the POINT OF BEGINNING; Thence N 90°00'00" E a distance of 65.28 feet to a point; Thence S 00°20'55" W a distance of 20.00 feet to a point; Thence N 90°00'00" W a distance of 65.15 feet to a point; Thence N 00°00'00" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 1,304.19 square feet (0.0299 acres) of land more or less. DRAINAGE EASEMENT "B": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 119 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 30.00 feet to a point; Thence N 00°00'00" W a distance of 30.00 feet to a point; Thence N 90"00'00" E a distance of 82.61 feet to a point; Thence N 90°00'00" E a distance of 65.28 feet to the POINT OF BEGINNING; Thence N 90°00'00" E a distance of 25.20 feet to a point; Thence N 00°43'54" E a distance of 465.93 feet to a point; Thence S 88°02'48" E a distance of 20.00 feet to a point; Thence S 00°43'54" W a distance of 485.25 feet to a point; Thence N 90°00'00" W a distance of 45.06 feet to a point; Thence N 00°20'55" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 10,212.21 square feet, (0.2344 acres) of land more or less. DRAINAGE EASEMENT "C": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 120 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West Pag Packet Pg. 138 ENGINEERING GROUP, INC. line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 30.00 feet to a point; Thence N 00°00'00" W a distance of 30.00 feet to a point; Thence N 90°00'00" E a distance of 82.61 feet to a point; Thence N 90°00'00" E a distance of 65.28 feet to a point; Thence N 90°00'00" E a distance of 25.20 feet to a point; Thence N 00°43'54" E a distance of 465.93 feet to the POINT OF BEGINNING; Thence N 00°43'54" E a distance of 662.96 feet to a point; Thence S 89°16'06" E a distance of 20.00 feet to a point; Thence S 00°43'54" W a distance of 663.39 feet to a point; Thence N 88°02'48" W a distance of 20.00 feet to the POINT OF BEGINNING. Containing 13,263.53 square feet, (0.3045 acres) of land more or less. SURVEYOR'S CERTIFICATION I certify that all parts of this survey and drawing have been completed in accordance with the current requirements of the Standards of Practice for Surveying in the State of Florida to the best of my knowledge, information, and belief. Digitally signed by Johnny Johnny Flaskamp F l a s ka m p Date: 2022.03.18 12:06:34-04'00' Johnny L. 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The Benton Road — Communication Tower Conditional Use, shall be limited to that which is depicted on the "Benton Road Relo (Naples Park) Drawings — Revised 03-02-22," prepared by SMW Engineering Group, Inc. 2. The petitioner will take care of complete maintenance during construction by grading and compacting new ruts that form on Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway as needed to keep the roadway in the pre -construction condition. Petitioner will provide photo documentation and a video of existing conditions prior to the pre -construction meeting. The video documentation shall cover the length of the road from the bridge to petitioner's driveway. 3. The petitioner will do a complete repair of any damage caused to the road after construction and grade and compact Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway with a 1-2 ton, 36", double roller, ride -on, vibratory compactor from the bridge over the canal to petitioner's driveway. 4. After construction, the petitioner will pay its fair share of road maintenance of Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway based on usage of the roads, whether Associations are formed or not. 5. Tower obstruction marker lighting shall be FAA approved flashing lighting. Tower obstruction marker lighting shall not exceed 2000 candela per light. 6. Any ground lighting for the tower shall be down -shielded and employ either motion detectors or short duration timers. 7. Petitioner's biologist shall visually inspect the development footprint within the 30 days prior to clearing actions, for bird nests containing eggs or juvenile birds. If active nests are discovered within the clearing area, Capital shall follow the applicable Migratory Bird Treaty Act (MBTA) guidelines in force at time of clearing and shall prioritize clearing, as feasible, so that trees with nests are cleared last. 8. The tower will be a self-supporting lattice tower and not a guy wired tower. [19-CPS-01858/1690491/1]240 Packet Pg. 154 3.A.j 9. A minimum of 5 carriers will be co -located on the tower. a+ Q [19-CPS-01858/1690491/11240 Packet Pg. 155 3.A.j Exh i COLLIER COUNTY INTENT TO ALLOW COLLOCATION AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Vincent Casiero who being by me first duly sworn, under oath, deposes and states as follows: 1. I am over eighteen (18) years of age and have personal knowledge of the matters contained herein ?. I am an Authorized Signatory of Capital Telecom Holdings II and have the authority to sign this affidavit. 3. It is the intent of Capital Telecom Holdings II to construct a wireless communication tower on parcel 326347200009 in Collier County, Florida 4. It is the intent of Capital Telecom Holdings II and its successors to allow collocation of wireless communication antennas at a reasonable market rates or to allow a replacement tower to be erected within the leased area provided that the replacement is physically and contractually feasible and that the cost of modifying or replacing the wireless communication tower to accommodate the collocated equipment is home by the collocating company. FURTHER AFFIANT SAYETYH NOT. STATE OF NEW JERSEY COUNTY OF Vincent Casiero, Authorized Signatory Capital Telecom Holdings H Swom to (or affirmed) and subscribed before me this fin day ❑f *;'?018 by V il�}al IT %—"" U. (Seal) Printed Name of Notary Personally Known Type of Idetification Produced -a:� �Ir PwuL VjW OR Produced Identification JESSIOA L. WEINBERG NOTARY PU" OF IOW JAY ID II 50000166 W C4MnWon E mhes 7AM9 Packet Pg. 156 -ntenna Structure Registration M-GIs k ** N fe 4. AL lop. it tL pl, rL k A& Exhibit 3 ;in wvft W :J. V'Aft&r.-Ir Packet Pg. 157 ►1 jilwz,�o EST. I971 MARS: j. WOODWARD Boad C Real i"ue LmvZ)Li �ftcbr Plannai Dnrl3pnicH Laic AN-MONY P. PIRES. ]R av4d Ceau&ni: citS.C+xmn. aal I-na G-Arr=rx= Law ]. CH RISfOPHER LOMBARDO ANTHONY J. D MORA L.klma inFLandOH LENORET. BRAKERELD CRAIG R WOODWARD sconcauild Boats Ccm5mt Rml Lsuit L m KENNEM V. MUNDY ZACHARY W. LOMEARDO CAAAERON G. WOODWARD Ross E. SCHULM N tip in Fz mi NY F. SCOTr PAuZIR III CHRISTOPHER R. HEFLIN R E PLY TO: M 3200 TAmIAMI TRAIL N. SUITE 200 NAPLES. FL 34103 239-649-6555 239-649-7342 RAX ❑ 6o6 6ALD FAGLt DR14T SuITE 500 P.O. Box ONE MARCO ISLAND. FL 34146 239.394-5161 239-642-6402 FAX WWW,WPL-LEGAL.COM WOODWARD, Pius & LoMBARDo, P.A. ATTORNEYS AT LAW October 18, 2022 By email and Regular U.S. Mail James French Growth Management and Community Development Jaimie Cook Development Review Collier County James.french@colliercountyfl.gov Jainie.cook@coiliercouiityfl.gov Subject: Continued and Renewed Objection to PL20210002791; and, Objection to PRCT20220944213, 1160 Kapok St (the "Subject Property") Mr. French, and Ms. Cook, This firm represents Mitchell and Melanie Penner, the property owners of parcel Nos 00307760001, 00308920002, and 00307920003. The Penners own property, including the aforementioned parcels, and are aggrieved parties with respect to the proposed development.' The Penners have previously filed objections to the SDP application, PL20210002791 for the new tower in excess of 185 feet (copies enclosed as Exhibits 1 and 2 to this letter). Section 10.02.03.A,2.. LDC. requires an SDP to be approved before a building permit can issue for the development of a new tower. The Penners have reviewed the building permit application PRCT20220944213. and hereby renew their objection to the This filing and the submittal of the various documents, materials, and arguments herein as part of this objection is and is being made and provided while reserving the right to supplement this filing with additional arguments and additional materials once discovered and/or obtained. No rights, concerns, or objections of the Penners concerning the SDP and the building permit application are waived by anything stated herein or omitted here from, and the right to present, make and submit additional arguments and materials is specifically reserved. Packet Pg. 158 3.A.j approval of a tower in excess of 185 feet at the Subject Property because 1. the requirements of the LDC have not been met, specifically section 5.05.09 of the LDC; and 2. as to the building permit application, PRCT20220944213, the site development plan, PL20210002791, has not been approved. As stated in the prior two, enclosed, objection letters, the applicant has failed to show that the proposed tower fits within: 1. the exception to colocation by showing it cannot collocate with an existing or approved tower within the effective radius; and, 2. the exception to co -siting by showing it cannot co -site with an existing or approved tower site within the effective radius. Thus, the applicant has failed to show it qualifies for approval of a tower in excess of 185 feet. "[N]o building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations." § 10.02.06.6.1.a., LDC. As a result, the Penners adopt the argument from their .tune 23, 2022, letter, enclosed, in full, and their August 17, 2022, letter, enclosed in full, as the deficiency has not been addressed by the applicant at all, despite being directly required by the County in its initial Review Comment letter, on page 4 of the letter, comment 11, and its second Review Comment letter, on page 2, comment 11. Further, the Penners assert a new objection that the SDP has not yet been approved and thus a building permit may not be issued -for the tower that is the subject of SDP application PL20210002791. Sincere) Zachary ombard Esq. Cnpies to Cour7tyAttomey J. Klatzkow: Commissioner W McDaniel: Director R. Long: and Planner C. Willoughby Enclosures as indicated Packet Pg. 159 3.A.j EXHIBIT 1 r Q Packet Pg. 160 3.A.j MARK J. WOODWARD RwrJ Czraei Red Ern L4. z-dm xd.,in6m, & Planned IkVdpinve Law ANTHONY P. PIRES. iFt- T.� Cat ied C:m:LkAtnrn, ae ¢i 11ia3I GfAlffW o mt I..xw J. CHRISTOPHER, LomaARDO ANTHONY). DIMORti L=,qe aL11ar,iOiI LENORE T- BRAKEFIELD CRAIG R WOODWARD saftyclxUrld P.xwJ Cemfri RmI Fsntr Law F:ENNETH V. MUNDY ZACHARY W LOMBARDO CAMERON G. WOODWARD ROSS E. SCHFULSWN Lacsaniml--l.x. ' F. S[arr PAuzAx in CH RISTOPHER R.. HEFLIN RYPLY TO- 32001AMIAmi TRAIL N. SUITF 200 NAPLC5. FL 31103 239-es9 -1d2 VAX J 606 BALD EAGLE L]RIVL SUTTI 500 P.R. BOX ONE MARCO isiAND. FL 34346 239-194-5.61 239 saZ-nao2 FAX W Wei'. VJPL—L EGALCOM WOODWARD, PIPES &Z LoMBARDO, P.A. ATTORNEYS AT LAW June 23. 2022 By U.S. mail and email Amy Patterson County Manager James French Growth Management and Community Development Jaimie Cook Development Review Collier County 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 2800 Horseshoe Drive N Naples, FL 34104 Amy. Patterson @ coiliercountyfl,you James. French @ colliercount fl. ov Jaime. Cook @ co llie rc_ou ntyfl.gov Subject: Objection to PL20210002791 (the "Application"), 1160 Kapok St (the "Subject Property") Ms, Patterson, Mr. French, and Ms. Cook, This firm represents Mitchell and Melanie Penner, the property owners of parcel Nos 00307760001, 00308920002, and 00307920003. The Penners own property, including the aforementioned parcels, within 1,000 feet of the proposed tower site (the Subject Property), see below Figure 1 and are aggrieved and affected parties. (.The Subject Property and the property owned by the Penners referenced above is not located in the Urban designated areas of the Future Land Use Map,) The Application and documents filed to date indicate that the proposed tower is 250 feet tall. Packet Pg. 161 3.A.j The Penners object to the approval of a tower in excess of 185 feet at the Subject Property.' The applicant has failed to show or provide any documentation that the proposed tower fits within both the exception to colocation by showing it cannot collocate with an existing or approved tower within the effective radius, and the exception to cc -siting by showing it cannot co -site with an existing or approved tower site within the effective radius. Thus, the applicant has failed to demonstrate it qualifies for approval of a tower in excess of 185 feet. FIGURE 1 Identifying the Subject Property, the Nearby parcels owned by the Penners, and the Approved tower at 550 Frangipani This filing and the submittal of the various documents. materials, and arguments herein as part of this objection is and is being made and provided while reserving the right to supplement this filing with additional arguments and additional materials once discovered and/or obtained. No rights, concerns. or objections of the Penners concerning the SDP are waived by anything stated herein or omitted here from. and the right to present. make and submit additional arguments and materials is specifically reserved. z Packet Pg. 162 The site upon which the tower is proposed is zoned agricultural and is subject to the requirements of section 5.05.09, Collier County Land Development Code ("LDC"). Pursuant to section 5.05.09 D and E, LDC, an applicant for a tower with a height in excess of 185 feet "shall not be approved' unless the applicant demonstrates that it fits within exceptions by showing colocation and co -siting are not possible. The intent section of section 5.05.09, LDC, (emphasis added) explains this in stating: 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. I. The Applicant has Failed to Show that the subject tower meets the Exception to the Requirements of section 5.05.09.D, LDC The colocation requirements and exception are as follows (emphasis added): 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. As noted above, the proposed tower is 250 feet tall. The applicant has not submitted anything to demonstrate, support, or address that "no old or approved 3 Packet Pg. 163 tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment." Therefore, the site plan as submitted must be denied. II. The Applicant has Failed to Show that the subject tower meets the Exception to the Requirements of section 5.05.09.E, LDC The co -siting requirements and exception are as follows (emphasis added): 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. As noted above, the proposed tower is 250 feet tall. The applicant has not submitted anything to demonstrate, support, or address the above. Therefore, the site plan as submitted must be denied. III. There are Approved and Existing Towers within the Effective Radius for both Colocation and Co -Siting In section 5.05.09.B., LDC, the "effective radius" is defined as "a radius of 6 miles from the respective tower unless a lesser radius is approved." There are multiple towers within the effective radius of the Subject Property, including, but not limited to, the recently approved new tower on Benton Road, PL20180002327, and also the recently approved new tower approximately a half mile away at 550 Frangipani Avenue, PL20200000886, see above Figure 1. In addition to these recently approved towers, there are existing towers within the effective radius on which the applicant can collocate and potentially co -site, including, but not limited to, the existing tower at 1510 Benton Road. Enclosed as Exhibit 1 is Collier County Resolution 2022-30 approving a new tower on Benton Road (PL20180002327). In the conditions for approval, condition 9, the tower on Benton Road is required to co -locate with 5 carriers. Also enclosed, as Exhibit 2, is the affidavit of the applicant for PL20180002327 stating it will allow for colocation. 0 Packet Pg. 164 3.A.j For reference, enclosed as Exhibit 3 is a map from the Federal Communications Commission showing roughly 12 towers within the 6-mile radius from the Subject Property. Therefore, the site development plan as submitted must be decried. As the Penners are aggrieved and affected parties, we request that, as their counsel, we be copied on all request for additional information communications with the applicant. Sincerely, W. bombordo, Esq. Copies to County Attorney J Klatzkow: Commissioner W McDanrel; and Planner C Willoughby Enclosures as indicated Packet Pg. 165 Frv_� Exhi RESOLUTION NO.2022- 30 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 ON LANDS ZONED RURAL AGRICULTURAL (A) WITHIN THE MOBILE HOME OVERLAY (MHO) AND DESIGNATED RURAL FRINGE MIXED USE -SENDING LANDS WITHIN THE NATURAL RESOURCE PROTECTION AREA OVERLAY AND NORTH BELLE MEADE OVERLAY IN THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PURSUANT TO SECTIONS 2.01.03.G.4.a AND 2.03.08.A.4.a(3)(a) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON .95t ACRES OF A 5.0+/- ACRE TRACT LOCATED ON THE EAST SIDE OF THE NORTH - SOUTH EXTENSION OF BENTON ROAD, IN SECTION 25, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20180002327) WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to sections 2.01.03.G.4.a and 2.03.08.A.4.a(3)(a) of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and [19-CPS-01858/1690499/1]241 Capital Naples Park CT / PL20180002327 1/4/22 1 of 2 Packet Pg. 166 3.A.j WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number PL20180002327 filed by Capital Telecon Holdings, LLC, with respect to the property hereinafter described in Exhibit A, be and the same is hereby approved for a Conditional Use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to Sections 2_01.03.6.4.a and 2.03.0$.A.4,a(3)(a) of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein by reference. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super -majority vote, this Y day of Fe rL v� , 2022. BOARD OF ZONING APPEALS CRYS,�AL�. KINZEL, CLERK COLLIER CO DA ayr By: At*tsh1aiml�epu Clerk Wil am L, McDaniel, Jr. Chairman z sicgnoure on!v. Approved as to form and legality: �+G L eidt Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions of Approval [I 9-CPS-0 1858/1690499/1 ] 241 Capital Naples Park CT J PL20180002327 114J22 2 of 2 Packet Pg. 167 Exhibit A ENGINEERING GROUP, INC. Site Name: Naples Park Relo PARENT TRACT: (TITLE) Situated in the County of Collier, State of Florida Tract 122, Floridian Farm Sites, According to Map or Plat thereof as recorded in Plat Book 4, Page 33, Public Records of Collier County, Florida. 60' X 60' LEASE AREA: (AS SURVEYED) A lease area being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to the POINT OF BEGINNING; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" W a distance of 60.00 feet to the POINT OF BEGINNING. Containing 3,600 square feet (0.08 acres) of land more or less. INGRESS/EGRESS AND UTILITY EASEMENT "A": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar and the POINT OF BEGINNING; Thence N 00°00'00" W a distance of 20.00 feet to a point; Thence N 90°00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122; Thence along said East line, S 00°20'55" W a distance of 20.00 feet to a point; Thence leaving said East line, N 90°00'00" W a distance of 147.89 feet to a point; Thence S 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" W a distance of 30.00 feet to a point; Thence N 00°00'00" E a distance of 30.00 feet to a point; Thence N 90°00'00" W a distance of 60.00 feet to the POINT OF BEGINNING. Containing 5,658.90 square feet (0.13 acres) of land more or less. INGRESS/EGRESS AND UTILITY EASEMENT "B": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 119 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of Tract 122 in Plat Book 4, Page 33; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 20.00 feet to a point; Thence N 90°00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122 and the Pag Packet Pg. 168 'A OA-11 i--- ENGINEERING GROUP, INC. POINT OF BEGINNING; Thence N 90°00'00" E a distance of 5.33 feet to a point; Thence N 00°43'54" E a distance of 446.61 feet to a point on the North line of said Tract 119; Thence along said North line, S 88°02'49" E a distance of 20.00 feet to a point; Thence leaving said North line, S 00°43'54" W a distance of 465.93 feet to a point; Thence N 90°00'00" W a distance of 25.20 feet to a point; Thence N 00°20'55" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 9,538.51 square feet (0.21 acres) of land more or less.. INGRESS/EGRESS AND UTILITY EASEMENT "C": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 120 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of Tract 122 in Plat Book 4, Page 33; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 20.00 feet to a point; Thence N 90°00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122; Thence N 90°00'00" E a distance of 5.33 feet to a point; Thence N 00°43'54" E a distance of 446.61 feet to a point on the North line of said Tract 119 and the POINT OF BEGINNING; thence N 00°43'54" E a distance of 662.53 feet to a point on the South line of a 30 foot easement as recorded in ORB 1159, Page 1954; Thence along said South line, S 89°16'06" E a distance of 20.00 feet to a point; Thence leaving said South line, S 00°43'54" W a distance of 662.96 feet to a point; Thence N 88°02'48" W a distance of 20.00 feet to the POINT OF BEGINNING. Containing 13,254.93 square feet, (0.31 acres) of land more or less. 10' UTILITY EASEMENT: (AS SURVEYED) An easement area being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00'00'00" W a distance of 45.00 feet to the POINT OF BEGINNING of an utility easement being 10 feet wide and lying 5 feet on each side of the following described centerline, Thence N 90°00'00" W a distance of 99.17 feet to a point on the West line of said Tract 122 and the POINT OF ENDING. Containing 991.67 square feet (0.02 acres) of land more or less. DETENTION POND EASEMENT: (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00°52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90°00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00°00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90°00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence Page Packet Pg. 169 ------- --- ENGINEERING GROUP, INC. S 00*00'00" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence N 90'00'00" E a distance of 30.00 feet to a point; Thence N 00'00'00" W a distance of 30.00 feet to a point; Thence N 90*00'00" E a distance of 82.61 feet to a point; Thence S 00'00'00" E a distance of 60.00 feet to a point; Thence N 90*00'00" W a distance of 112.61 feet to a point; Thence N 00*00'00" W a distance of 30.00 feet to the POINT OF BEGINNING. Containing 5,856.60 square feet, (0.1344 acres) of land more or less. DRAINAGE EASEMENT "A": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00*52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90*00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90*00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00*00'00" E a distance of 30.00 feet to a point; Thence N 90*00'00" E a distance of 30.00 feet to a point; Thence N 00*00'00" W a distance of 30.00 feet to a point; Thence N 90*00'00" E a distance of 82.61 feet to the POINT OF BEGINNING; Thence N 90*00'00" E a distance of 65.28 feet to a point; Thence S 00*20'55" W a distance of 20.00 feet to a point; Thence N 90*00'00" W a distance of 65.15 feet to a point; Thence N 00*00'00" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 1,304.19 square feet (0.0299 acres) of land more or less. DRAINAGE EASEMENT "B": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 119 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00*52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90'00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90*00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00*00'00" E a distance of 30.00 feet to a point; Thence N 90*00'00" E a distance of 30.00 feet to a point; Thence N 00*00'00" W a distance of 30.00 feet to a point; Thence N 90*00,00" E a distance of 82.61 feet to a point; Thence N 90*00'00" E a distance of 65.28 feet to the POINT OF BEGINNING; Thence N 90'00'00" E a distance of 25.20 feet to a point; Thence N 00*43'54" E a distance of 465.93 feet to a point; Thence S 88*02'48" E a distance of 20.00 feet to a point; Thence S 00*43'54" W a distance of 485.25 feet to a point; Thence N 90*00'00" W a distance of 45.06 feet to a point; Thence N 00*20'55" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 10,212.21 square feet, (0.2344 acres) of land more or less. DRAINAGE EASEMENT "C": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 120 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00'52'46" E a distance of 122.87 feet to a point; Thence leaving said West Pag 1 of A I Packet Pg. 170 ENGINEERING GROUP, INC. line, N 90'00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90*00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00*00'00" E a distance of 30.00 feet to a point; Thence N 90*00'00" E a distance of 30.00 feet to a point; Thence N 00*00'00" W a distance of 30.00 feet to a point; Thence N 90'00'00" E a distance of 82.61 feet to a point; Thence N 90'00'00" E a distance of 65.28 feet to a point; Thence N 90*00'00" E a distance of 25.20 feet to a point; Thence N 00*43'54" E a distance of 465.93 feet to the POINT OF BEGINNING; Thence N 00'43'S4" E a distance of 662.96 feet to a point; Thence S 89*16'06" E a distance of 20.00 feet to a point; Thence S 00*43'S4" W a distance of 663.39 feet to a point; Thence N 88'02'48" W a distance of 20.00 feet to the POINT OF BEGINNING. Containing 13,263.53 square feet, (0.3045 acres) of land more or less. SURVEYOR'S CERTIFICATION I certify that all parts of this survey and drawing have been completed in accordance with the current requirements of the Standards of Practice for Surveying in the State of Florida to the best of my knowledge, information, and belief. Johnny Digitally signed by Johnny Flaskamp Date: 2022.03.18 Flaskamp12:06:34 -04'00' Johnny L. Flaskamp Florida License No, 0006601 Pag Packet Pg. 171 (jeeddV jamo.L ijodeM : L6L'PZ) loijg-Aldell-gZ-ZO-E:ZOZ-opjeqwo-1 :)uowt43ejjV C-i N%%l 4/1" v jy Y_ c) 4L.1' Zz _j .. - z J� I _j cl LLJ LL Ft LA z 5 A P-1 � W, % . - - _§ G H I _TT Mm,2 I TT c 1 TT 4M C, LL CD a Er co 7 T=w C7-) 0, w IOL o o RE LLJ a. _j La (o M LLj 0 LL V) IT _j < a, LLj w 4t -e qe Ld cn 0 a_ i a -Z 0 t Ell f2f co nNu g L) x g P Nil LU LLJ ix a L) CL Lkj 4V a. 2 p . 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L2 5,91 >.g S- f-8- s 8 z -9 co ms 2 2 i'K v - oz E E E E -6 'C b Ag --97 1 9 z z as s.R a '6:2 - "q g g g Z6 H- o C- Zg 5 S 0-8�W �8 oa 2,2 Z Z' S . . . . . . .. . z E Zb.-* tj -6- "Z �r 2 V V. '22 -.2 w SIS! .;a w 0 ;a a 2?KOq- . "R.. , *0 . ..9 . -8 5-8 C! 93- 'j 0. 70E 116 v g b-� P.MR8 E z 2, &'6'. z -6 Z' zl- I wz X -E J z z z Z -'31 2 1 RH g M CUM !z Uzu'UHHUS i A E! Di to Lf) 00 (L a) .he (L Exhibit C Conditions of Approval 1. The Benton Road — Communication Tower Conditional Use, shall be limited to that which is depicted on the "Benton Road Relo (Naples Park) Drawings — Revised 03-02-22," prepared by SMW Engineering Group, Inc. 2. The petitioner will take care of complete maintenance during construction by grading and compacting new ruts that form on Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway as needed to keep the roadway in the pre -construction condition. Petitioner will provide photo documentation and a video of existing conditions prior to the pre -construction meeting. The video documentation shall cover the length of the road from the bridge to petitioner's driveway. 3. The petitioner will do a complete repair of any damage caused to the road after construction and grade and compact Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road f�om the intersection with Woodland Estates Road to petitioner's driveway with a 1-2 ton, 36", double roller, ride -on, vibratory compactor from the bridge over the canal to petitioner's driveway. 4. After construction, the petitioner will pay its fair share of road maintenance of Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway based on usage of the roads, whether Associations are formed or not. 5. Tower obstruction marker lighting shall be FAA approved flashing lighting. Tower obstruction marker lighting shall not exceed 2000 candela per light. 6. Any ground lighting for the tower shall be down -shielded and employ either motion detectors or short duration timers. 7. Petitioner's biologist shall visually inspect the development footprint within the 30 days prior to clearing actions, for bird nests containing eggs or juvenile birds. If active nests are discovered within the clearing area, Capital shall follow the applicable Migratory Bird Treaty Act (MBTA) guidelines in force at time of clearing and shall prioritize clearing, as feasible, so that trees with nests are cleared last. 8. The tower will be a self-supporting lattice tower and not a guy wired tower. 19-CPS-01858/1690491/11240 I Packet Pg. 186 9. A minimum of 5 carriers will be co -located on the tower. 2. 0 0 0. E M U a [19-CPS-01858/1690491/11240 I Packet Pg. 187 1 Exhi COLLIER COUNTY INTENT TO ALLOW COLLOCATION AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Vincent Casiero who being by me first duly sworn, under oath. deposes and states as follows: 1. 1 am over eighteen (18) years of age and have personal knowledge of the matters contained herein 2. 1 am an Authorized Signatory of Capital Telecom Holdings 11 and have die authority to sign this affidavit. 1 it is the intent of Capital Telecom Holdings 11 to construct a wireless commun ication tower on parcel 3 2634 7200009 in Collier County, Florida 4. It is the intent of Capital Telecom Holdings 11 and its successors to allow collocation of wireless communication antennas at a reasonable marketrates orto allow a replacement tower to be erected within the leased area provided that the replacement is physically and contractually feasible and that the cost of modifying or replacing the wireless communication tower to accommodate the collocated equipment is bome by the collocating company. FURTHER AFFIANT SAYETYH NOT. STATE OF NEW JERSEY COUNTY OF Vincent Casiero, Authorized Signatory Capitai Telecom Holdings 11 WOW/( Sworn to (or aff irmed) and subscribed before me this kq_� day of � 1 OM by V Ili 1 11 V"" U. (Seal) Printed Nai-ne of Notary Personally Known Type of Identification Produced kwu- Vjq1-)?M OR Produced Identification JESSICA L. WEINBERG NOTARY RJBW OF NLW JSM ID # 50000ise camiWon Bq*w TMM9 I Packet Pg. 188 1 .mtmna %raftre k4ton " �_" -, ��' K. Ui M615 � Vama Ll 4 P L, IL As I I'd#, 51 Exhibit 3 Nil, AL-1 ).&� .M;;:, I Packet Pg. 189 EXHIBIT 2 0 F- 19 0 (D E Packet Pg. 190 fJc7i M- - C�� WOODWAPD, PIRES LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW August 17, 2022 MARKJ.WOODW&RD Bacd Cm6zd ReA Fzmtt L-" and �n CQ-dwiLimn & Sent By email: Pimmi Dro4nww Law Amy-PattersonCa�colliercourtyfl.gov ANTHONY P. Pim. JR &M,d C�mw ci% C--Mm J a rn es. fre n ch (d� co I I ie rco u n tvf 1. q ov zndLam1Gmm%wv=Law J a i rn e. co o kA co I I i e rco u ntyfl. g o J. CmusrorHEP, LomBARDO ANTHONY 1. DIMOR& Amy Patterson Lx=k9cd Ln FL " OH LENORE T� BRAKERIELI) County Manager James French CRAIG P- WOODWARD SMUN CMIR4 Growth Management and Community Development Bcmrd Cez�- PZJ F=r 11- Jaimie Cook KENNETH V. MUNDY Collier County Development Review ZACHAW W. LOMWADO CAMERON G, WOODWARD RE: Subject: Renewed Objection to PL20210002791, 1160 Kapok St fLOSS E. SCHULMAN Lkzvcd iu FL Wd NY (the "Subject Property") T. SCOTT PAUZAR. III CHRI[STOPHER R - HErLIN Ms- Patterson, Mr. French, and Ms- Cook, This firm represents Mitchell and Melanie Penner, the property owners of parcel Ngs 00307760001. 00308920002. and 00307920003- The Penners own property, including the aforernertioned parcels, within 1.000 feet of the proposed tower site (the Subject Property) and are aggrieved parties. (The Subject Property and the property owned by the Penners referenced above is not located in the Urban designated areas of the Future Land Use Map.) The Penners have reviewed the County's Review Comment Letter kE PLY To� dated July 6, 2022, and the responsive submission dated August 9, 2022, and hereby renew their objection to the approval of a tower in 11 3200 TAMmml TPLkIL N. SUITE 200 excess of 185 feet at the Subject Property because the requirements NAPLES. F L 34103 of the LDC have not been met.' 239-649-655� 239-649-7342 MX :1 606 BALD EAGLE DRIVE Su rrE 500 P-0- BOX ONE This filing and the submittal of the various documents, materials. and arguments herein NV,RCC) IiIAND. FL M146 239-394-5161 as part of this objection is and is being made and provided while reserving the right to 23,9-642-6401 FKK supplement this filing with additional arguments and additional materials once discovered WW`W,WPL-LEGAL-COM and /or obtai ned. N o rig hts, cc n cerns, or o bjections of the Pe n n ers concern ing th e SID P are waived by anything stated herein or omitted here from, and the right to present, make and submit additional arguments and materials is specifically reserved. Packet Pg. 19, The applicant has failed to show that the proposed tower fits within both the exception to colocation by showing it cannot collocate with an existing or approved tower within the effective radius and the exception to co -siting by showing it cannot co -site with an existing or approved tower site within the effective radius. Thus, the applicant has failed to show it qualifies for approval of a tower in excess of 185 feet. In the County's review comment letter, in comment 11 of the zoning review: the County specifically requested the following, rection Comment 11'. As requested per email correspondence dated November 16, 2021, to Kendall Lotze at Ignite Wireless, provide documentation demonstrating that no old or approved tower within the effective radius can accommodate the applicants proposed antenna and ancillary equipment- LDC Section 5.05.09.D. Provide an RF Engineer's report including any towers within the 6 miles radius and explain why co -location is not possible. For each possib le tower s ite, the appl ication will provid e the req uirements as stated in LDC Section 5,05.09.11.2.a-g. Instead of providing an RIF Engineer's report including any towers within the 6-mile radius and explaining why co -location is not possible, the applicant attached a coverage map from AT&T- This is n on- responsive, and this requirement has not been addressed elsewhere in the resubmittal. As a result, the Pennevs adopt the argument from their June 23, 2022, letter, enclosed, in full, as it has not been addressed by the applicant at all, despite being directly required by the County in its Review Comment letter, on page 4 of the letter, comment 11, excerpted above. Therefore, the site development plan, for the above reason, as submitted must be denied Sincerely, ZachbryYV.'-Lombardo',-Esq. CC' J- Klatzkow, County Attorney VV. McDaniel, Commissioner C. Willoughby, Planner Enclosures as indicated. I Packet Pg. 192 ST� 1971 MARKJ.WOODWARD FN�K,i (-n-ufi�d Rai Esut- L�� am] in Ct� A i Tarm m. �blc ir L�J rIn--I ANTHONY P. PI RES. JR B-mid C=fxd- CT Xowit,- Ud com ar.CrA L�% CH PJ STOPHER Lommmo ANTHONY 1. DiMO&A I �n � in F1 - w%d 01-1 LiENoRE T. BRAKENEID CRAICKWOODWARD SMBA Comoi t�Ntrd Cerni6i- kcA Erma! LA, KENNETH V MuNDY ZACHARY W. LOMBARDO CAMERON G. W000wARE) koss E. SCHUIM" LL-w-,ed i r. TI. aa� N) F, SCOTT PAUZAA I I I CH RI STOPH ER R., I I F F1 I N RI PLY TO� 3200 TAWAMI TRAIL N Sum 2W NAMS. FL 34103 21fi-049-0555 2-,9 649-7342 FAX 606 BALD LkGLI DFUVF Sura 500 M. BOX ONE MA PC() 15 LAN 0- 1 L 34146 2 � 9 - I" - 5 1 fil 239-642-LA02 FAX WWW-WPL-LYGA-L.COM WOODWARD, PIRES &- LOMBARDO, P.A. ATTORNEYS AT LAW June 23. 2022 By U, S. mail and email Amy Patterson County Manager James French Growth Management and Community Development Jairnie Cook Development Review CoJlier County 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 2800 Horseshoe Drive N Naples. FIL 34104 AmV.Patterson@colliercount.yfl.Qov James. French@ collie rcountVf 1. go Jaime. Cook@ collie rcountyf I gov Subject: Objection to PL20210002791 (the "Application"), 1160 Kapok St (the "Subject Property") Ms. Patterson. Mr. French. and Ms. Cook. This firm represents Mitchell and Melanie Penner, the property owners of parcel Ngs 00307760001, 00308920002, and 00307920003. The Penners own property. including the aforementioned parcels, within 1,000 feet of the proposed tower site (the Subject Property), see below Figure 1 and are aggrieved and affected parties. (The Subject Property and the property owned by the Penners referenced above is not located in the Urban designated areas of the Future Land Use Map.) The Application and documents filed to date indicate that the proposed tower is 250 feet tail. I Packet Pg. 193 The Penners object to the approval of a tower in excess of 185 feet at the Subject Property.' The applicant has failed to show or provide any documentation that the proposed tower fits within both the exception to colocation by showing it cannot collocate with an existing or approved tower within the effective radius, and the exception to co -siting by showing it cannot co -site with an existing or approved tower site within the effective radius. Thus. the applicant has failed to dernonstrate it qualifies for approval of a tower in excess of 185 feet. FIGURE 1 Identifying the Subject Property, the Nearby parcels owned by the Penners, and the Approved tower at 550 Frangipani This filing and the submittal of the various docurnents, materials, and arguments herein as part of this objection is and is being made and provided while reserving the right to supplement this filing with additional argurnents and additional materials once discovered and/or obtained. No rights: concerns, or objections of the Perners corcerning the SDP are waived by anything stated herein or omitted here from. and the right to present, make and submit additional arguments and materials is specifically reserved. 2 I Packet Pg. 194 The site upon which the tower is proposed is zoned agricultural and is subject to the requirements of section 5.05.09, Collier County Land Development Code ("LDC"). Pursuant to section 5.05.09 D and E, LDC, an applicant for a tower with a height in excess of 185 feet "shall not be approved' unless the applicant demonstrates that it fits within exceptions by showing colocation and co -siting are not possible. The intent section of section 5.05.09, LDC, (emphasis added) explains this in stating. - 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 towersites 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. 1. The Applicant has Failed to Show that the subject tower meets the Exception to the Requirements of section 5.05.09.D, LDC The colocation requirements and exception are as follows (emphasis added): 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. As noted above, the proposed tower is 250 feet tall. The applicant has not submitted anything to demonstrate, support, or address that "no old or approved I Packet Pg. 195 tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment." Therefore, the site plan as submitted must be denied. 11. The Applicant has Failed to Show that the subject tower meets the Exception to the Requirements of section 5.05.09.E, LDC The co -siting requirements and exception are as follows (emphasis added): 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. As noted above, the proposed tower is 250 feet tall. The applicant has not submitted anything to demonstrate, support, or address the above. Therefore, the site plan as submitted must be denied. Ill. There are Approved and Existing Towers within the Effective Radius for both Colocation and Co -Siting In section 5.05.09.B., LDC, the "effective radius" is defined as "a radius of 6 miles from the respective tower unless a lesser radius is approved." There are multiple towers within the effective radius of the Subject Property, including, but not limited to, the recently approved new tower on Benton Road, PL20180002327, and also the recently approved new tower approximately a half mile away at 550 Frangipani Avenue, PL20200000886, see above Figure 1. In addition to these recently approved towers, there are existing towers within the effective radius on which the applicant can collocate and potentially co -site, including, but not limited to, the existing tower at 1510 Benton Road. Enclosed as Exhibit 1 is Collier County Resolution 2022-30 approving a new tower on Benton Road (PL20180002327). In the conditions for approval, condition 9, the tower on Benton Road is required to co -locate with 5 carriers. Also enclosed, as Exhibit 2, is the affidavit of the applicant for PL20180002327 stating it will allow for colocation. 4 I Packet Pg. 196 For reference, enclosed as Exhibit 3 is a map from the Federal Communications Commission showing roughly 12 towers witNn the 6-mile radius from the Subject Property, Therefore, the site development plan as subm�tted must be denied. As the Penners are aggrieved and affected parties. we request that. as their counsel, we be copied on all request for additional Information communications with the applic@nt. Sincerely, rdo. Esq. Copies to County Attomey J. Klatzkow: Commissioner W McDaniel. and Planner C Willoughby Enclosures as indicated I Packet Pg. 197 Exhib[��D RESOLUTION NO. 2022- 30 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 ON LANDS ZONED RURAL AGRICULTURAL (A) WITHIN THE MOBILE HOME OVERLAY (MHO) AND DESIGNATED RURAL FRINGE MIXED USE -SENDING LANDS WITHIN THE NATURAL RESOURCE PROTECTION AREA OVERLAY AND NORTH BELLE MEADE OVERLAY IN THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PURSUANT TO SECTIONS 2.01.03.G.4.a AND 2.03.08.A.4.a(3)(a) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON.95± ACRES OF A 5.0+/- ACRE TRACT LOCATED ON THE EAST SIDE OF THE NORTH - SOUTH EXTENSION OF BENTON ROAD, IN SECTION 25, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20180002327) WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to sections 2.01.03.G.4.a and 2.03.08.A.4.a(3)(a) of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and [I 9-CPS-0 1858/1690499/1]241 Capital Naples Park CT / PL20180002327 1/4/22 1 of 2 I Packet Pg. 198 1 WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number PL20180002327 filed by Capital Telecon Holdings, LLC, with respect to the property hereinafter described in Exh�ibit A, be and the same is hereby approved for a Conditional Use to allow a communications tower on lands zoned Rural Agriculturai (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use -Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to Sections 2.01.03.G.4.a and 2.03.08.A.4.a(3)(a) of' the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein by reflerence. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes ol'this This Resolution adopted after motion, second, and super -majority vote, this 9 6—day of Ft cx, - 4 , 2022. BOARD OF ZONING APPEALS GPI�WALfK, KINZEL, CLERK COLLIER CO DA B Bv Wi L� Jr. C Aftest to ChairmanNep Wi am L, McDaniel, Jr. Chairman Approved as to form and legality; aeldi A-dShion-Cicko Managing Assistant County Attorricy Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions of Approval [I 9-CPS-01 858/1690499/11241 Capital Naples Park CT / PL20180002327 1/4/2') 2 of? I Packet Pg. 199 Exhibit A ENGINEERING GROUP, INC. Site Name: Naples Park Relo PARENT TRACT: (TITLE) Situated in the County of Collier, State of Florida Tract 122, Floridian Farm Sites, According to Map or Plat thereof as recorded in Plat Book 4, Page 33, Public Records of Collier County, Florida. 60'X 60'LEASE AREA: (AS SURVEYED) A lease area being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along West line of said Tract 122, N 00'52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90*00'00" E a distance of 100.00 feet to the POINT OF BEGINNING; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90*00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00*00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence N 90*00'00" W a distance of 60.00 feet to the POINT OF BEGINNING. Containing 3,600 square feet (0.08 acres) of land more or less. INGRESS/EGRESS AND UTILITY EASEMENT "A": (AS SURVEYEPI An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00*52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90*00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar and the POINT OF BEGINNING; Thence N 00*00'00" W a distance of 20.00 feet to a point; Thence N 90*00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122; Thence along said East line, S 00'20'55" W a distance of 20.00 feet to a point; Thence leaving said East line, N 90*00'00" W a distance of 147.89 feet to a point; Thence S 00*00'00" E a distance of 30,00 feet to a point; Thence N 90*00'00" W a distance of 30.00 feet to a point; Thence N 00*00,00" E a distance of 30.00 feet to a point; Thence N 90*00'00" W a distance of 60.00 feet to the POINT OF BEGINNING. Containing 5,658.90 square feet (0.13 acres) of land more or less. INGIRESS/EGRESS AND UTILITY EASEMENT "B": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 119 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of Tract 122 in Plat Book 4, Page 33; Thence along said West line of said Tract 122, N 00*52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90*00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 20.00 feet to a point; Thence N 90'00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122 and the Pag I Packet Pg. 2 00 ENGINEERING GROUP, INC. POINT OF BEGINNING; Thence N 90*00'00" E a distance of 5.33 feet to a point; Thence N 00'43'54" E a distance of 446.61 feet to a point on the North line of said Tract 119; Thence along said North line, S 88*02'49" E a distance of 20.00 feet to a point; Thence leaving said North line, S 00'43'54" W a distance of 465.93 feet to a point; Thence N 90*00'00" W a distance of 25.20 feet to a point; Thence N 00'20'55" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 9,538.51 square feet (0.21 acres) of land more or less.. INGRESS/EGRESS AND UTILITY EASEMENT "C": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 120 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of Tract 122 in Plat Book 4, Page 33; Thence along said West line of said Tract 122, N 00'52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90*00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 00'00'00" W a distance of 20.00 feet to a point; Thence N 90*00'00" E a distance of 238.01 feet to a point on the East line of said Tract 122; Thence N 90*00'00" E a distance of 5.33 feet to a point; Thence N 00*43'54" E a distance of 446.61 feet to a point on the North line of said Tract 119 and the POINT OF BEGINNING; thence N 00*43'54" E a distance of 662.53 feet to a point on the South line of a 30 foot easement as recorded in ORB 1159, Page 1954; Thence along said South line, S 89*16'06" E a distance of 20.00 feet to a point; Thence leaving said South line, S 00*43'54" W a distance of 662.96 feet to a point; Thence N 88'02'48" W a distance of 20.00 feet to the POINT OF BEGINNING. Containing 13,254.93 square feet, (0.31 acres) of land more or less. 10' UTILITY EASEMENT: (AS SURVEYED) An easement area being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along West line of said Tract 122, N 00*52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90'00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00'00'00" W a distance of 45.00 feet to the POINT OF BEGINNING of an utility easement being 10 feet wide and lying 5 feet on each side of the following described centerline, Thence N 90*00'00" W a distance of 99.17 feet to a point on the West line of said Tract 122 and the POINT OF ENDING. Containing 991.67 square feet (0.02 acres) of land more or less. DETENTION POND EASEMENT: (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00*52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90'00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90'00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence Pag? ' _r A I Packet Pg. 2 01 ENGINEERING GROUP, INC. S 00'00'00" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence N 90*00,00" E a distance of 30.00 feet to a point; Thence N 00*00'00" W a distance of 30.00 feet to a point; Thence N 90*00'00" E a distance of 82.61 feet to a point; Thence S 00*00'00" E a distance of 60.00 feet to a point; Thence N 90*00'00" W a distance of 112.61 feet to a point; Thence N 00*00'00" W a distance of 30.00 feet to the POINT OF BEGINNING. Containing 5,856.60 square feet, (0.1344 acres) of land more or less. DRAINAGE EASEMENT "A": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00'52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90*00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90*00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00*00'00" E a distance of 30.00 feet to a point; Thence N 90*00'00" E a distance of 30.00 feet to a point; Thence N 00*00'00" W a distance of 30.00 feet to a point; Thence N 90*00,00" E a distance of 82.61 feet to the POINT OF BEGINNING; Thence N 90*00'00" E a distance of 65.28 feet to a point; Thence S 00*20'55" W a distance of 20.00 feet to a point; Thence N 90*00'00" W a distance of 65.15 feet to a point; Thence N 00*00'00" E a distance of 20.00 feet to the POINT OF BEGINNING. Containing 1,304.19 square feet (0.0299 acres) of land more or less. DRAINAGE EASEMENT "B": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 119 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N 00*52'46" E a distance of 122.87 feet to a point; Thence leaving said West line, N 90'00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90*00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00*00'00" E a distance of 30.00 feet to a point; Thence N 90'00'00" E a distance of 30.00 feet to a point; Thence N 00*00'00" W a distance of 30.00 feet to a point; Thence N 90'00'00" E a distance of 82.61 feet to a point; Thence N 90*00'00" E a distance of 65.28 feet to the POINT OF BEGINNING; Thence N 90'00'00" E a distance of 25.20 feet to a point; Thence N 00'43'54" E a distance of 465.93 feet to a point; Thence S 88*02'48" E a distance of 20.00 feet to a point; Thence S 00*43'54" W a distance of 485.25 feet to a point; Thence N 90*00'00" W a distance of 45.06 feet to a point; Thence N 00*20'55" E a distance of 20-00 feet to the POINT OF BEGINNING. Containing 10,212.21 square feet, (0.2344 acres) of land more or less. DRAINAGE EASEMENT "C": (AS SURVEYED) An easement being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 120 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; COMMENCE at a 5/8" rebar found marking the Southwest corner of said Tract 122; Thence along said West line of said Tract 122, N OO'S2'46" E a distance of 122.87 feet to a point; Thence leaving said West Pag-1 afil I Packet Pg. 202 ENGINEERING GROUP, INC. line, N 90*00'00" E a distance of 100.00 feet to a set 5/8" rebar; Thence N 00*00'00" W a distance of 60.00 feet to a set 5/8" rebar; Thence N 90*00'00" E a distance of 60.00 feet to a set 5/8" rebar; Thence S 00*00'00" E a distance of 30.00 feet to a point; Thence N 90*00'00" E a distance of 30.00 feet to a point; Thence N 00*00'00" W a distance of 30.00 feet to a point; Thence N 90*00'00" E a distance of 82.61 feet to a point; Thence N 90*00'00" E a distance of 65.28 feet to a point; Thence N 90'00'00" E a distance of 25.20 feet to a point; Thence N 00*43'54" E a distance of 465.93 feet to the POINT OF BEGINNING; Thence N 00'43'54" E a distance of 662.96 feet to a point; Thence S 89*16'06" E a distance of 20.00 feet to a point; Thence S 00*43'54" W a distance of 663.39 feet to a point; Thence N 88*02'48" W a distance of 20.00 feet to the POINT OF BEGINNING. Containing 13,263.53 square feet, (0.3045 acres) of land more or less. SURVEYOR'S CERTIFICATION I certify that all parts of this survey and drawing have been completed in accordance with the current requirements of the Standards of Practice for Surveying in the State of Florida to the best of my knowledge, information, and belief. Johnny Digitally signed by Johnny Flaskamp Date: 2022.03.18 Flaskamp12:06:34 -04'00' Johnny L. Flaskamp Florida License No. 0006601 Pag Packet Pg. 203 (jeoddV jamo.L ijodeM : L6L'PZ) joiji3-AldeM-SZ-ZO-CZOZ-opjeqwo-1 quampelIV M'j % "'Nk� "'\� 4. - 't w 0 ix W-v c F-Z I Z-3`0.� 0 a'. �j e < CL All p 1� tc 6�+m .......... 1 11 clo . . . . . . . . . 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E , MIS o, 2..2 b ze. pc a.. _ z , I z e 2 2 2 & a- 2 .,;5 ;5;6 .8;-.v.v go f tj;5 g z.zo s Rw N X2,22 2 v b 0 'E E �,M.s I z z.:- z X. w 2-z 5 E 2-82 z E* z -z I - w --6 I' ;-z 2 8 �E 2 z I Ns s 3G z ci .66 o o o' b j r- 1 a A 2 Exhibit C Conditions of Approval 1. The Benton Road — Communication Tower Conditional Use, shall be limited to that which is depicted on the "Benton Road Relo (Naples Park) Drawings — Revised 03-02-22," prepared by SMW Engineering Group, Inc. 2. The petitioner will take care of complete maintenance during construction by grading and compacting new ruts that form on Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway as needed to keep the roadway in the pre -construction condition. Petitioner will provide photo documentation and a video of existing conditions prior to the pre -construction meeting. The video documentation shall cover the length of the road from the bridge to petitioner's driveway. 3. The petitioner will do a complete repair of any damage caused to the road after construction and grade and compact Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road f�om the intersection with Woodland Estates Road to petitioner's driveway with a 1-2 ton, 36", double roller, ride -on, vibratory compactor from the bridge over the canal to petitioner's driveway. 4. After construction, the petitioner will pay its fair share of road maintenance of Woodland Estates Road from the 28th Avenue Southeast bridge over the Canal to the intersection with Benton Road and Benton Road from the intersection with Woodland Estates Road to petitioner's driveway based on usage of the roads, whether Associations are formed or not. 5. Tower obstruction marker lighting shall be FAA approved flashing lighting. Tower obstruction marker lighting shall not exceed 2000 candela per light. 6. Any ground lighting for the tower shall be down -shielded and employ either motion detectors or short duration timers. 7. Petitioner's biologist shall visually inspect the development footprint within the 30 days prior to clearing actions, for bird nests containing eggs or juvenile birds, If active nests are discovered within the clearing area, Capital shall follow the applicable Migratory Bird Treaty Act (MBTA) guidelines in force at time of clearing and shall prioritize clearing, as feasible, so that trees with nests are cleared last. 8. The tower will be a self-supporting lattice tower and not a guy wired tower. [ 19-CPS-01 858/1690491/11240 1 Packet Pg. 218 1 9. A minimum of 5 carriers will be co -located on the tower. 2. 0 0 0. E M U a [19-CPS-01858/1690491/11240 I Packet Pg. 219 1 Exhi COLLIER COUNTY INTENT TO ALLOW COLLOCATION AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Vincent Casiero who being by mefirst duly swom, under oath, deposes and states as follows: 1, 1 am over eighteen (18) years of age and have personal knowledge of the matters contained herein 2, 1 am an Authorized Signatory of Capital Telecom Holdings 11 and have the authority to sign this affidavit. 3. It is the intent of Capital Telecom Holdings 11 to construct a wireless communication tower on parcel 326347200009 in Collier County, Florida 4. It is the intent of Capital Telecom Holdings 11 and its successors to allow collocation of wireless communication antennas at a reasonable market rates or to allow a replacement tower to be erected within the leased area provided that the replacement is physically and contractually feasible and that the cost of modifying or replacing the wireless communication tower to accommodate the collocated equipment is home by the collocating company. FURTHER AFFIANT SAYETY-H NOT. STATE OF NEW JERSEY COLNTY OF Vincent Casiero. Authorized Signatory Capital Telecom Holdings 11 1411 �tw4y I r1A(L Sworn to (or affirmed) and subscribed before me this - day of by V 11 Iml I " U, (Seal) Printed Naine of Notary Personally Known Type of Identification Produced 1-4 �A A )ftQCA- VJe4l A - OR Produced Identification JESSICA L. WE114SERG NOTARY MR1.1C OF NEW JEVE� ID # 50000156 CMrj$�On Eyom 71M9 I Packet Pg. 220 OR-GIS k W., �wn At 4L A.' ft -SSW Exhibit 3 I Packet Pg. 221 (jueddV jamo.L lodLN : L6Ll7Z) je!jg-AldeN-SZ-ZO-EZOZ-opjeqwo-1 :juewqoqjV LO x LU P. 2-0 x 4-- 0 0 co a) 4-- 0 0 0) E 0 L- 4-- c 0 0 4- 0 IL I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PL20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "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". Signature Name 6-// 15-119�1 4 f ��— Ir Address /� (�, 0 �e"�71-3 �41,-I,-7-22 _-3— Phone Number 2 -35 E m a i 1 9 5P.9 I Packet Pg. 223 1 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Ka pok St, PL20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "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". Signature Name -HO Address—) kApok sTIL 3A) 1 -1 Phone Number 5-)0- GOC_ 5OL3 Email I Packet Pg. 224 1 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PI-20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "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". Signature AA- . - - M.W., - Address 12-Z-O �� Phone Number VO/ Z Y( ) NIC) Email a4 Dif 1- e Y 6&0 . LOA", I Packet Pg. 225 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PI-20210002791, The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "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". Signature Name A4,,4q/-r- Address— IZ�Z(D S-(- Phone Number 961/ 4 TV 5/1—!� �? Email e,,6 vL,^ I Packet Pg. 226 1 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PI-20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "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". Signature Name—kobfirt- Jln-er-p -rJ , Address I Phone Number 943 S' Email ro Le r 1— b �r e- r rIS / qi- 7 I Packet Pg. 227 1 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the Proposed 250'Tower at 1160 Kapok St, PI-20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "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". Signature NameL. f-�('%Jne-J- Address qo / -) C/ Phone Number Email krIJ-2 16tbler-efn-sra) k0l - d0tr I Packet Pg. 228 1 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PL20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "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". Signature, Name OA? 13 11"4 Address— 3 5- A-',4po Phone Number 9 0 1 -d-0) — ) (a Email ,To/-) .6 1 ,4 )--) e,/ /0 6;-In'q ) J, C 0 "1." I Packet Pg. 229 1 I agree with Mitchell & Melanie Penner as It relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PL20210002791, The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet In height, The code should be followed "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", Signature �) Name Address Phone Number I Packet Pg. 230 1 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PL20210002791, The applicant has failed to provide the necessary Information that would allow County staff to approve the placement and construction of a tower of 250 feet In height, The code should be followed "to maximize the use of specified new communication tower$ 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", Signatur2�Ke—�� Z�= Name"; c1n "0 Z' -1 1 Address Phone Number �"3 9( — LA- 3 rc�' 7 F M a I I �) ��q (A cgcj r--t) Y f 1, I J I Packet Pg. 231 1 I I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PL20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "to maximize the use of specified new communication towers and, thereby, to min"imize the need to construct new towers; to maximize the shared use of specified tower sit k,� A� I Name AW Address -TY-6 fj�tj--IJ 0--f QArj I ?rU �� ke(k-s Py- ff 7-- Phone Number 15-3� 4 P fT YA ti a Email 00�, V, I Packet Pg. 232 1 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PI-20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "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". Signature Name 4�-e) �a Address Phone Number I Packet Pg. 233 1 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PL20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the piacement and construction of a tower of 250 feet in height. The cod e s ho u I d be fo I I owed "to max -I rn ize th e u se of specif i ed n ew Co rn rn u n icati on towe rs a n cl, th ere by, to rn i n i rn izze O`e�neecl to co n struct n ew towe rs; to ma xi m ize th e s h a red u se of s p ecif i ed tower sites to minimiz6`t-hVnek for additional tower site5". Signature Name V C et� OA-(E: AciclressZ�60 "��AL4��;. QE I�Z�fo�;Vr Phone Number 2-S) Z�� 48M Ern I Packet Pg. 234 1 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250'Tower at 1160 Kapok St, PL20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "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". Signature Nam Hz-v,-r-� Address I Ib -1�4pimimpAq PADV Phone Number ErnaiTsn �-) C) w�- ae�� I Packet Pg. 235 I agree with Mitchell & Melanie Penner as it relates to the objections to the approval of the SDP for the proposed 250' Tower at 1160 Kapok St, PI-20210002791. The applicant has failed to provide the necessary information that would allow County staff to approve the placement and construction of a tower of 250 feet in height. The code should be followed "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". Signature E WMr�-qwp Name I ')Io Ila- lip Ue n AddresscPI 0 rran-viami, je. -A PhoneNumber Email 10Jb Ideni i4 lio be c. C %-4 %'0 , K I Packet Pg. 236 Henderson I Fran k1 i n Pelican Bay Financial Center 8889 Pelican Bay Boulevard, Suite 400 ATTORNEYS AT LAW Naples, Florida 34108 Tel: 239.344.1100- Fax: 239.498.6225 - www.henlaw.com Naples - Fort Myers - Bonita Springs February 13, 2023 SENT VIA EMAIL Attention: Hon. Andrew Dickman, Esq. Collier County Hearing Examiner 2800 North Horseshoe Drive Naples, Florida 34104 Re: PL20230000354 / Response to appeal of SDP approval Dear Mr. Dickman: Please accept this letter as the Applicant's response to the referenced appeal. The underlying SDP (known as SDP PL20210002791, or "SDP" herein) relates to a communications tower on a parcel of land known as 1160 Kapok Street (the "Property"). BACKGROUND & SUMMARY OF APPLICANT'S POSITION The appeal was filed on or about January 9, 2023 by Mitchell and Melanie Penner (collectively, "Appellants"). The appeal is expected to be heard by Hearing Examiner during the month of March 2023. The record, including documents provided to County's professional staff, clearly supports staff's correct decision to approve the SDP, and we respectfully request that the Hearing Examiner affirm staff's approval. The SDP meets all applicable codes; it meets all County requirements for approval; and there is no competent evidence to support a denial of the SDP application. NO STANDING ESTABLISHED The Notice of Appeal states that the Appellants "own property" (referencing specific parcels), and are "aggrieved parties with respect to the proposed development." However, there is no further articulation as to how and why they are aggrieved. They have not articulated any "interest protected or furthered by the Collier County Growth Management Plan, Land Development Code," or any other regulation. And they have not demonstrated in any manner whatsoever why their purported and undefined interest "exceeds in degree the general interest" of the community. See Code of Laws, § 2-1163 (defining "aggrieved party" for certain land use appeals). Ownership of property is not the standard for whether or not a party is "aggrieved". Appellants' property does not abut the site in question, and there are large lots between the SDP sites and Appellants' property. Further, two of the Appellants' listed properties are vacant, and the nearest structure located on Appellants' property is approximately I Packet Pg. 237 1 2,000 feet away from the subject site. See Exhibit A, showing SDP site and Appellants' property. Because Appellants have not articulated their standing to pursue this appeal, their appeal should be rejected for lack of standing, and/or failure to establish standing. CONDITIONAL USE NOT REQUIRED Appellants suggest that Applicant was required to obtain conditional use approval for the proposed tower. To address this meritless suggestion, we refer you to the attached Zoning Verification Letter, dated March 17, 2020, wherein the same question was asked. In the letter, staff confirms that no conditional use is required. See Exhibit B (relating to abutting property with same future land use and zoning as SDP site). BACKGROUND Applicant submitted an application for an SDP in June 2022, relating to a communications tower located on 1160 Kapok Street. Following the submittal of the SDP application, the Apellants filed an objection letter with the County, arguing the application does not meet LDC §§ 5.05.09.D and 5.05.09.E. On July 6, 2022, staff requested documentation from the Applicant demonstrating compliance with §§ 5.05.09.D and 5.05.09.E. (see attached Exhibit C). In response to both staff's request and Appellants' objection letter, Applicant submitted a co -location response and inventory report, which is attached as Exhibit D. County staff, in response to the Applicant's co -location report, asked the Applicant to include one additional tower, to meet the requirements of §§ 5.05.09.D and 5.05.09.E (attached as Exhibit E). In response to the County's request, Applicant submitted another co -location report which included the additional tower (see attached Exhibit F). On Dec. 28 th 2022, staff approved the SDP, with specific conditions laid out in the Approval Letter, which is attached as Exhibit G. On January 9, 2023, despite the Applicant providing all necessary information and obtaining staff approval of the SDP, Appellants filed a Notice of Appeal. NO MERIT IN ARGUMENTS FOR APPEAL As noted above, Appellants have no standing to pursue this appeal, and it is clear that no conditional use is required as Appellants have suggested. Additionally, Appellants raise two main arguments on appeal: (1) LDC § 5.05.09.D requires "proof of no ability to share use" with other nearby towers; (2) LDC § 5.05.09.E requires "proof of no ability to share use" of other tower sites. The Applicant has provided such proof, to staff's satisfaction, and these two arguments have no merit. These LDC provisions deal with an Applicant's duty to show that there is no ability to share use with other, already approved towers/tower sites within the proposed tower's effective radius. These code provisions are relevant to the approval of communications towers and according to staff's interpretation of the LDC, the Applicant has met the requirements of both provisions. While staff is charged with interpreting the LDC, the Appellants seem to interpret the code differently. Henderson, Franklin, Starnes & Holt, P.A. I Packet Pg. 238 Appellants state that the Applicant did not meet the requirements of §§ 5.05.09.D and 5.05.09.E. In support of their position, they assert that the Applicant did not include information on a communications tower located on Benton Road on their co -location diagram. Further, Appellants also assert other tower owners were not contacted, as provided in §§ 5.05.09.D and 5.05.09.E, and also that no evidence of a lesser effective radius was provided. First, the Appellants' arguments are incorrect in stating that the Benton Road Tower was not included. The report provided by AT&T, which shows all the approved and built towers in the area, does include the Benton Road Tower. This tower was marked as tower #3 in the AT&T report, which is attached as Exhibit F. Second, the Appellants assert that Applicant must provide evidence of a lesser effective radius because the Appellants believe the effective radius to be only three miles. This is incorrect: the effective radius of the tower is six miles. The Appellants mistake the terms used by the Applicant. Certain towers in Exhibit F were marked as being outside the coverage area and were labeled as such, because they would not properly fill the coverage gap AT&T is trying to fill. This does not mean that the tower has a lesser effective radius. Rather, Applicant is trying to fill a gap in coverage, and certain tower locations would not achieve this goal and, therefore, were labeled as being "outside coverage." Appellants' argument that the tower has a lesser effective radius is simply incorrect and Applicant does not need to provide further evidence since the effective radius is six miles. Lastly, the chief argument presented by the Appellants is that the Applicant failed to contact owners of other communication towers in the area to determine if their already - built towers and existing tower sites can fulfill Applicant's needs. Appellants argue this is a requirement and that Applicant must provide proof of contact with other communication towers. Throughout meetings and discussions with County staff, it was made clear that the Applicant is only required to contact other tower owners if the Applicant is unable to demonstrate with specificity why other towers in the area were not acceptable. The Applicant has demonstrated to staff's satisfaction why other towers are not acceptable, consistent with both §§ 5.05.09.D and 5.05.09.E. More specifically, the Applicant submitted Exhibit F, which describes with specificity and demonstrates in detail why the nine already -built communications towers were not sufficient for purposes of co -location or shared use. Exhibit F contains a chart showing the six -mile effective radius of the potential Kapok tower and includes nine other towers within the effective radius that could be shared. The chart states in detail why these nine towers are not viable options, and gives three major reasons why the towers will not work. The main reasons for excluding these towers are (1) that the tower already contains equipment from AT&T, (2) the tower is not the sufficient height required for the tower (250 feet), and/or (3) the tower is outside the coverage area. As previously mentioned, outside the coverage area means the tower would not provide the coverage required to fill the gap in cellular service AT&T is trying to remedy. Once Applicant submitted Exhibit F, staff approved the SDP, finding that the information in Exhibit F meets the requirements of §§ 5.05.09.D and 5.05.09.E. Henderson, Franklin, Starnes & Holt, P.A. I Packet Pg. 239 1 SUMMARY: SDP PL20210002791 APPROVAL MUST BE AFFIRMED Appellants have not demonstrated that they have standing to pursue this appeal, and their appeal should be denied on this basis, without the need to even consider the Appellants' arguments over staff's interpretation of the LDC. Despite their failure to establish standing, the record is very clear: Staff correctly approved the SDP, after determining the application met all applicable LDC criteria, including §§ 5.05.09.D and 5.05.09.E. The documents in the record clearly demonstrate that the project "meets code," and staff correctly approved the SDP. All applicable requirements for SDP approval have been met. We respectfully request that the Hearing Examiner affirm staff's decision to approve the SDP, and allow Applicant to enjoy uses on the Property that are allowed by right. Very truly yours, Jeff E. Wright Exhibits: A. Aerial map showing Appellants' properties B. March 17, 2020 Zoning Verification Letter C. July 6 th review comment letter from County Staff D. Kapok 6-mile radius co -location response (9/20/22) E. December 9th review comment letter from County Staff F. Updated Kapok 6-mile radius co -location response (12/14/22) G. SDP Approval Letter (12/28/22) Henderson, Franklin, Starnes & Holt, P.A. I Packet Pg. 240 1 EXH I IT M CL 0 F- 19 0 CL W p cu CL x LY Packet Pg. 241 4w ke wma-w,-4 tiou SOX -lt46ljm:luewq3ellv 0 F A. 177 bib mb Kam-lir 0. 40 I EXH I IT CL 0 0 0. cu �d N CD C14 Q 04 a 95 x LY (D E Packet Pg. 243 . . a ClOffieT CO-Unty Growth Management Department Zoning Services Section March 17, 2020 Jeff Wright Henderson, Franklin, Starnes, & Holt 8889 Pelican Bay Blvd. #400 Naples, FL 34108 ZLTR-PL20200000328; Zoning Verification Letter for a parcel located east of Kapok St. in Section 15, Township 49, Range 27 of unincorporated Collier County, Florida. Property ID/Folio Number: 00307840002; comprising of +/- 1.25 acre. Mr. Wright, This letter is in response to a Zoning Verification Letter (ZLTR) Application that you submitted on or about February 17', 2020. The applicant has requested verification of the questions listed below in bold print in conjunction with a previously issued zoning letter PL20190001999 issued on 9/18/2019, which are followed by Staff s responses. Questions: 1. That LDC 5.05-09.G.2 ("permitted ground -mounted towers") applies to this property rather than LDC 5.05.09.G.3 ("conditional use essential services"). Staff has reviewed the LDC section referenced and has concluded that LDC 5.05.09.G.2 is the applicable section for the proposed ground -mounted tower. 2. That neither a conditional use nor a variance would be required to allow a maximum 250' tall essential service ground mounted communication tower at this location. It is the determination of staff that this proposed tower will not require a conditional use pursuant to the above referenced LDC section. The proposed tower will still be subject to the required setback of half of the tower height (125ft) and if the proposed tower cannot meet the required setback then a variance will be required to approve said tower at 250 ft in height. 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. 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 1.06.01.A and 10.02.02.F. I 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 County. Validated Ordinances may be viewed AO% Zoning Division 9 2800 North Horseshoe Drive e Naples, FL 34104 e 239-252-2400 a WWW collierccuntyfl gov I Packet Pg. 244 Zoning Verification Letter ZLTR-PL20200000328 Page 2 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 information, Researched aqA-p�epp6d by: Parker MoKPlanne�� Zoning Services Section CC: GMD — Addressing do not hesitate to call my office at (239) 252-247 1. Reviewed by: 1(aymopq Bellows, Zoning Manager ZoninMervices Section Zoning Division a 2800 North Horseshoe Drive & Naples. FL 34104 & 239-252-2400 * www colliercountyll gov IPacket Pg. 245 1 Collier County Property Appraiser Property Summary Site Site Zone Parcel No 00307840002 Address Site City *Note *Disclaimer Name/Address STEFFENS, JOHANNES 542 ETHEL AVE SE City GRAND RAPIDS State MI Zip 49506-2724 Map No. Strap No. Section Township Range Acres *Estimatec CL 4C15 000100 019 4C15 15 49 27 1.25 Legal 15 49 27 E1/2 OF NW1/4 OF SW1/4 OF NE1/4 OF NW11/4 1 1/4 AC OR 1952 PG �0_ 1606 �g 0 Millaqe Area 287 Millagg__Ratese *Calculations -0 Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 0 99 - ACREAGE NOT ZONED AGRICULTURAL 5.083 6.3071 11.390' Latest Sales History 2019 Certified Tax Roll 3 N (Not all Sales are listed due to Confidentiality) (Sukiect to Change) Q N Date Book -Page Amount Land Value $ 16,E 04 11/14/13 5016-1369 $0 Improved Value 03/15/13 4896-3875 $14,300 Market Value $ 16,E 2' 06/01/94 1952-1606 $ 15,000 10% Cap $8,6 08/01/92 1743-1191 $ 0 Assessed Value $8,2 06/01/88 1360-263 $ 0 School Taxable Value $ 16'a co = 09/01/86 1220-211 $10,000 X Taxable Value $8,2 LZY If all Values shown above equal 0 this parcel was created after thi Final Tax Roll W E U I Packet Pg. 246 1 Ike- Ab, 41 7b� j/ t7 1 4,- 0-28ft w co C14 a: uj (leaddV jamo_L )jodeN : L6LIVZ) JAZ OZOZ LL JlaW - 9 JLISIHX3-lt4BlJM:4u8uJt43BllV DCGZSV ��66u X-cm - Mcn=dc -OVS W-OHI-V IT Q U) mmu) 1. ", --------- ----- ----- ---------- ---------- CL 0 x 2 60 6 x X< 2 cn 2 C'r 60 X <;i o U) —i -C U) cc CL t; M 0 1 m a) Ld 0 Ld sl Pi Ln 0-1 L CE djE co Ld kn L 2a 4? LO 0 Ln cD Gm" S 6t, I co C4 z Id. IL m -C >: D I m 0 N IL 0 . cr LU _j T 0 z u i I! ==: vv:�Vm. I 0 z u i I! ==: vv:�Vm. I cu (jeeddV jamo_L jodeN : LMIZ) JAZ OZOZ L� JBW - 8 JL1131HX3-;t4BlJM:4u8wt43BllV —7 W ;71 cn 'IT CN 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 bircls� 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 �nstalled 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 provistons, 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 cles�gnee I Packet Pg. 250 1 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. 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. 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 I Packet Pg. 251 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 unavailabie 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 of 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. 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 shaJI 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. 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. Packet Pg. 252 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 . 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 andlor 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 OF 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 OF 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 d an increase in tower height requires placement of, or addition to, an antenna equipment building or support building . I Packet Pg. 253 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 oid 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 I Packet Pg. 254 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 RSIF-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. 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 RSIF-6, RIVIF-6, E, RMF- 12, RIVIF-16, RT, VIR, 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 RSIF-6, IRIVIF-6, E, RMF-112, RIVIF-16, RT, VR, MH, TTRVC, of 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 1/2) 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 RIVIF-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 . sheriffs 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-1 2, RIVIF-11 6, and IRT 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. I Packet Pg. 255 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. RIVIF-6. and E zoning districts b. Rooftop towers antenna structures , and antennas are, as specified, subject to the following: 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 maximurn roofline is twenty (20) feet or more above the average natural grade If the CL maximum roofline is less than twenty (20) feet above the average natural grade , an 0. 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 0 (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 0 antenna that exceeds its permitted use height. as provided herein. shall require CU 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 RIVIF-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 . 7. With the exception of rooftop towers and towers an 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 RIVIF-6 zoning districts, including PUDs where the adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and RIVIF-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 I Packet Pg. 256 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, b, 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 (eceive 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) emp�oyees 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 shail 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. I Packet Pg. 257 1 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 in speCtOF-recorn mended 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 riot 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 I Packet Pg. 258 1 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 . 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. 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 (1/2) 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. I Packet Pg. 259 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 . 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 . 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, 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 I Packet Pg. 260 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, oF 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). 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 E91 1 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. 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. 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 I Packet Pg. 261 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 IBCC. The permit shall be deemed to be granted if the IBCC 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) I Packet Pg. 262 M rL (1) 0 F- 0 rL m �e EXH I IT E E 0 A gil� m x LY I Packet Pg. 263 —LC— Corler oau-nty Gmwth Management Department July 06, 2022 Ignite Wireless - Kyle Lotze 102 Mary Alice Park Rd Suite 505 Cumming, GA 30040 EMAIL - klotze@ignitewireless.com RE: Site Development Plan PL20210002791 Cityswitch - FLCO09 - 1160 Kapok ST (SDP) Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The -following comments need to be addressed as noted. Rejected Review: Engineering Stormwater Review Reviewed By: Brett Rosenblum Email: brett.rosenblum*colliercountyfl.gov Phone #: (239) 252-2905 Correction Comment 1: Sheet C- I - Kapok Street is labeled as Public, however, Kapok Street is a Private roadway. Revise label. Correction Comment 2: Rev I - Provide silt fence detail(s) on the plans. Correction Comment 3: Rev I - Provide engineers opinion of probable construction cost associated with the site work for this project (clearing, driveway connection, erosion control, landscaping, etc.). Rejected Review: Environmental Review Reviewed By: Jaime Cook Email: Jaime.Cook*colliercountyfl.gov Phone #: (239) 252-6290 Correction Comment 1: Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G. 1. Application Contents #23). Correction Comment 2: Packet Pg. 264 Provide the following exotic vegetation removal note on site plan: "All prohibited exotic vegetation shall be removed from the site and it shall be maintained free of exotics in perpetuity." (LDC 3.05.08) Correction Comment 3: Provide a survey, less than 12 months old, for listed species known to inhabit biological communities similar to those found on site. Include copies of previous wildlife surveys and any correspondence received from the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service. (LDC3.04.00, 3.08.00). Where listed species are identified on -site, include on the site plans, as part of the preserve management plan, a specific specific wildlife habitat management plan. The management plan shall include a monitoring program for sites larger than 10 acres. (LDC 3.04.00). Correction Comment 4: Per Collier County Growth Management Plan, CCME Policy 6.1.2, RFMU Receiving Lands requires 40% of the native vegetation present to be retained (not to exceed 25% of the total site). Clarify where the preservation area(s) will be. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07 H. Lf.) Correction Comment 5: Provide a clearing plan and clearing fees Correction Comment 6: Provide a note on the plan stating that "temporary signs identifying the preserve shall be placed around the perimeter during construction". Provide a detail on the site plan of the permanent (to be maintained in perpetuity) signs to be placed around the preserve (retained and created) denoting the area as a 'preserve' and that the posted area is protected. The detail shall specify the sign dimensions and locations around the entire perimeter of the preserve. Small ground type signs or plaques are allowed (LDC 3.05.04.H). Correction Comment 7: Provide notes on plan indicating methods of barricading to be used to protect vegetation to remain and specify that "protective barriers will be installed at the perimeter of preserved vegetation at the commencement of any site improvements and will remain in place until completion of construction." Provide details of the barrier type proposed, stating that it "will be highly visible with brightly colored all-weather mesh material or equivalent, and that the stakes shall be no more than 10' apart" (LDC 3.05.04). Correction Comment 8: Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the maximum amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within existing utility, drainage, and access easements from the preserve calculations (LDC3.05.07 B. - D.). Correction Comment 9: Provide typical cross -sections where different types of development (single-family and multi- family structures, roads, lakes, etc.) abut preserves. Principle structures must be setback a minimum of 25 feet from the boundary of preserves and accessory structures, a minimum of 10 feet from the boundary of preserves. No site alteration, placement of fill, grading, plant alteration or removal, or similar activity shall be permitted within 10 feet of preserves except where swales I Packet Pg. 265 are provided in accordance with LDC 4.06.05 J. or untreated stormwater is directed away from preserves (LDC 3.05.07 H.3.). Correction Comment 10: A Preserve Management Plan shall be provided on the site plan identifying a preserve manager, permitted uses within a preserve, methods to address control and treatment of exotics and nonnative vegetation, fire management and wildlife habitat management strategies, when applicable. The plan shall address supplemental plantings in areas devoid of vegetation following exotic removal and provide a typical planting plan with the size, spacing, and species to supplement these areas (LDC3.05.07 H. l.g.). Correction Comment 11: A conservation easement is required for all County required preserves. Provide an original conservation easement (signed and sealed) with referenced exhibits, Title Opinion, etc., per checklist for processing conservation easements (see Environmental Services website at http://www.colliergov.net/index.aspx?page= 103 for model conservation easement and processing checklist) (LDC 3.05.07 H. 1. d). *Provide hard copy of Conservation Easement paperwork directly to Environmental staff. Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: Mark.Templeton*colliercountyfl.gov Phone #: (239) 252-2475 Correction Comment 1: It doesnt appear that the requirements of LDC 4.06.05 13.2 described in the landscape section of the pre-app notes have been shown on the plan. Rejected Review: Transportation Planning Review Reviewed By: Didier Diaz Email: Didier.Diaz*colliercountyfl.gov Phone #: (239) 252-2918 Correction Comment 1: 7/5/2022 Comment: Revise Kapok ST on Sheet C-1, please change label from "Public" to "Private". Correction Comment 2: 7/5/2022 Comment: Verify if indeed two easements are needed to be proposed, access drive easement on top of access and utility easement being needed. If one or the other are not needed then remove from plan set. -Note: Access easements will need to be recorded prior to the Pre -construction activity along with associated maintenance agreement. Correction Comment 3: 7/5/2022 Comment: Per LDC 6.06.05.0 and E please provide Sight Distance Triangles on plan set. Rejected Review: Zoning Review Reviewed By: Christine Willoughby Email: christine.willoughby*colliercountyfl.gov Phone #: (239) 252-5748 Correction Comment 1: On the coversheet, plans shall be identified based on their application type. The title shall state this submittal is a "Site Development Plan". I Packet Pg. 266 Correction Comment 2: On the coversheet, the local map shall identify Frangipani Ave and Kapok Street. Correction Comment 3: On the civil plan coversheet provide the complete zoning information. A-RFMUO-NBMO- RECEIVING Correction Comment 4: Please provide a recent aerial photo at the same scale as the plan delineating the development boundaries as part of the civil plan sheet set. Correction Comment 5: Provided tower setback table shall provide the minimum required setback per LDC Section 5.05.09.G.7.b. Correction Comment 6: Accessory buildings or structures shall meet setbacks per LDC Section 5.05.09.G. 10. Provide setback table. Correction Comment 7: Sheet C- I shows setback dimensions taken from the P/L east along Kapok St. But Kapok Street is actually on the subject parcel. Should the line identified as the Property Line per the provided legend actually be the right-of-way line? Revise as needed. Correction Comment 8: Sheet C- I shows a 152'- 1 " dimension to the easement line, provide the setback to that property line. The property lines of the parcel shall all be identified and shown on this page. Correction Comment 9: Provide parking as required by LDC Section 5.05.09. G. 11. Correction Comment 10: Provide a copy of the recorded signed lease agreement, including the ingress/egress easement, between the property owner and lessee. Correction Comment 11: As requested per email correspondence dated November 16, 2021 to Kendall Lotze at Ignite Wireless, provide documentation demonstrating that no old or approved tower within the effective radius can accommodate the applicants proposed antenna and ancillary equipment. LDC Section 5.05.09.D. Provide an RF Engineer's report including any towers within the 6 mile radius and explain why co -location is not possible. For each possible tower site, the application will provide the requirements as stated in LDC Section 5.05.09.E.2.a.-g. Correction Comment 12: Per LDC Section 5.05.09.17 - each new tower in excess of 185 feet shall be designed to structurally accommodate the maximum amount of additional antenna capacity as reasonably practicable. I Packet Pg. 267 Provide a shared use plan as per the above LDC Section requirements. 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. (LDC Section 5.05.09.F.5) Correction Comment 13: Per LDC Section 5.05.09.G.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. Provide proof of correspondence. Correction Comment 14: Per LDC Section 5.05.091 - Wireless emergency telephone service. Essential services are permitted within the overlay. Applicant did not provide note as stated in LDC Section 5.05.09.1.2. Staff is requesting proof of proper FCC licensure to verify essential service use. Correction Comment 15: Please reach out to Dan Summers, Division Director, Bureau of Emergency Services at Daniel. Summers@colliercountyfl.gov or 239-252-3601 for possible sharing infortnation. Rejected Review: GIS Review Reviewed By: William Fowler Email: William.Fowler*colliercountyfl.gov Phone #: (239) 252-2568 Correction Comment 1: Please provide a digital drawing file in State Plane NAD 83 feet Florida East coordinates. A DWG or DXF copy of the Site Plan is a required submittal item for this petition; Please e-mail to CAD-Submittals@colliercountyfl.gov Thefiollowin,g comments are informadonal andlor may include stipulations: When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. Should the applicant desire to schedule a Post Review Project Meeting to help facilitate resolution of any outstanding issues, please schedule through the assigned Planner. Pursuant to ITS 125.022, should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a re - submittal must be made within 270 days of this letter. Informational Comments: I Packet Pg. 268 0 Per FAC Chapter 62-330.051 (14)(g), the site is exempt from stormwater requirements. Informational Comments: Sheet C- I - Kapok Street is labeled as Public, however, Kapok Street is a Private roadway and a County right-of-way permit is not required. Stipulations: 0 Provide at time of pre -construction meeting the approved shared use plan per LDC Section 5.05.09.F. Stipulations: A yearly inspection report shall be filed with the County Manager no later than December I st 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. Per LDC Section 5.05.09.G.15. If you have any questions, please contact me at (239) 252-5748. Sincerely, Christine Willoughby Principal Planner Growth Management Department I Packet Pg. 269 EXH I IT rL (1) 0 F- 0 rL m �e C14 4) U) r_ 0 W 0 L) cc Co 0 x LY Packet Pg. 270 at &t Collier County, FL Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 AT&T Mob�lity 8601 W Sunrise Blvd Plartation, FL 33322 Re: Site Development Plan for Wireless Telecommunications Tower CitySwitch 11, LLC — FLCO09 Kapok St; AT&T Site Rural Estates FA 12906066 To Whom It May Concern, As presented in the AT&T Letter of Support and the Comprehensive Inventory Report included with this submittal, AT&T is unable to alternatively locate their proposed equipment on any of the existing or approved towers within a 6-mile radius of the proposed 250ft Self -Support Kapok St/FLCO09 tower. None of the existing or approved towers are in a suitable location and have the optimal height required to meet the coverage, capacity, and service experiences necessary for AT&T and FirstNet. As indicated on the Comprehensive Inventory Report on the following page and shown on the Propagation Maps provided by AT&T, several of the towers are also not viable options as AT&T already has equipment located on those towers. Sincerely, *4AAAA, P(AAN,2___� Maiko Llanes, RF Design Engineer AT&T Mobility I Packet Pg. 271 1 CITYSWITCH Site ID: FLCO09 Site Name: Kapok Date Reviewed: 9/20/2022 Carrier: AT&T Latitude: 26.209438 Longitude: -81.600402 Comprehensive Inventory Report — 6mi Search Radius Legend 13 6mi Search Radius FT 1 8t Existing AT&T Equipment and Outside Coverage Area Insufficient Height Insufficient Height and Outside Coverage Area Kapok Tower Location Outside Coverage Area a 11 Tower# Owner Type Height (ft) Distance Latitude Longitude PerAT&T: "rhe required improvements to coverage and service quality cannot be accomplished through modification to AT&Ts existingsites. The proposed tower heightof 250'would placeAT&T's antennas atthe optimal heightto close a servicegap caused bya lack of towers in the area.' I Gulfstream Towers, LLC MP 185ft 0.45mi 26.210891 -81.593387 2 Golden Gate Fire Control & Rescue SS 160ft 2.37mi 26,228391 -81.632188 3 Alpert Tower LLC GT 1,017ft 2.42mi 26.183110 -81.574822 4 CCATT LLC SS 281ft 3.46mi 26,254446 -81.625102 5 American Towers LLC SS 200ft 4.62mi 26.276431 -81.601079 6 CCATT LLC SS 283ft 4.86mi 26.157677 -81.653630 7 LMARRIS TECHNOLOGIES, INC. SS 298ft 5.73mi 26.155308 -81.670589 8 Crown Castle GT Company LLC SS 181ft 26.159020 -81.675562 1'^VD Ignitefteless I Packet Pg. 272 1 W 0. CL W 0 F- .�g 0 CL EXH I IT E E 0 u x LY Packet Pg. 273 4C011er C01414ty GraMh ManagernerTt Department December 09, 2022 Ignite Wireless 102 Mary Alice Park Rd Suite 505 Cumming, GA 30040 EMAIL - klotze@ignitewireless.com RE: Site Development Plan PL20210002791 Cityswitch - FLCO09 - 1160 Kapok ST (SDP) Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. Thefiollowin,g comments need to be addressed as noted. - Rejected Review: Zoning Review Reviewed By: Christine Willoughby Email: christine.willoughbygcolliercountyfl.gov Phone #: (239) 252-5748 Correction Comment 5: As requested per email correspondence dated November 16, 2021 to Kendall Lotze at Ignite Wireless, provide documentation demonstrating that no old or approved tower within the effective radius can accommodate the applicants proposed antenna and ancillary equipment. LDC Section 5.05.09.D. Provide an RF Engineer's report including any towers within the 6 mile radius and explain why co -location is not possible. For each possible tower site, the application will provide the requirements as stated in LDC Section 5.05.09.E.2.a.-g. Review # 2 The provided RF letter does not include any of the above information. Attached maps do not identify any existing towers or the 6 mile radius Each comment above shall be addressed separately. Review # 3 Additional information has been received that the approved but not yet built tower on Benton Packet Pg. 274 Road needs to part of the effective radius information provided. Email from Mike Bosi was forwarded to the applicant. The -following comments are infi)rmational andlor may include st�pulations: • Please resubmit through the CityView portal or contact the Business Center's Client Services team at 239-252-2400 for assistance. • When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. • Should the applicant desire to schedule a Post Review Project Meeting to help facilitate resolution of any outstanding issues, please schedule through the assigned Planner. • Pursuant to FS 125.022, should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. • Please be advised that Sections 10.02.03.11.1, and 10.02.04.B.3.c require that a re - submittal must be made within 270 days of this letter. Informational Comments: 0 Per FAC Chapter 62-330.051 (14)(g), the site is exempt from stormwater requirements. Informational Comments: Sheet C- I - Kapok Street is labeled as Public, however, Kapok Street is a Private roadway and a County right-of-way permit is not required. Stipulations: Provide at time of pre -construction meeting the approved shared use plan per LDC Section 5.05.09.F. Stipulations: A yearly inspection report shall be filed with the County Manager no later than December I st 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. Per LDC Section 5.05.09.G.15. Informational Comments: 0 08/31/2022 Informational Comment: TIS - No additional trip generation is anticipated with the improvements included in this application; no further review for transportation concurrency (adequacy of roadway capacity) for trip banking (reservation of road capacity) is required. If you have any questions, please contact me at (239) 252-5748. Sincerely, Christine Willoughby Principal Planner Growth Management Department Packet Pg. 275 EXH I IT F CL a) 0 F- 0 CL m �e 0 M (j) 0 u 0 0 am LL F- x LY E u a Packet Pg. 276 at &t Collier County, FL Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 AT&T Mob�lity 8601 W Sunrise Blvd Plartation, FL 33322 Re: Site Development Plan for Wireless Telecommunications Tower CitySwitch 11, ILLC — FLCO09 Kapok St; AT&T Site Rural Estates FA 12906066 To Whom It May Concern, As presented in the AT&T Letter of Support and the Comprehensive Inventory Report included with this submittal, AT&T is unable to alternatively locate their proposed equipment on any of the existing or approved towers within a 6-mile radius of the proposed 250ft Self -Support Kapok St/FLCO09 tower. None of the existing or approved towers are in a suitable location and have the optimal height required to meet the coverage, capacity, and service experiences necessary for AT&T and FirstNet. As indicated on the Comprehensive Inventory Report on the following page and shown on the Propagation Maps provided by AT&T, several of the towers are also not viable options as AT&T already has equipment located on those towers. Sincerely, *4AAAA, P(AAN,2___� Maiko Llanes, RF Design Engineer AT&T Mobility I Packet Pg. 277 1 Site ID: Site Name: C ITY SWITC H Date Reviewed: FLCO09 Kapok 12/14/2022 Carrier: Latitude: Longitude: �T� 26 . /-U:114:50 -81.600402 Comprehensive Inventory Report — 6mi Search Radius . s. X: v�z Legend V6mi Search Rad ij�, V Existing AT&T Equipmnet and Outside Coverage Area Insufficient Height N Insufficient Height and Outside Coverage Area Pf- Kapok Tovver Location Outside Coverage Area j�4 75 #f2 'K 47��qfk A #3 -9 �e- 4 QA C1 T T-7 ML le �[th 6 Mi Tower# Owner Type Height (ft) Distance Latitude Longitude Per AT&T: "The required improvements to coverage and service quality cannot be accomplished through modification to AM's existing sites. The proposed tower height of 250' would place AT&T's antennas at the optimal height to close a service gap caused by a lack of towers in the area." 1 Gulfstream Towers, LLC IM P 185ft 0.4Smi 26.210891 -81.593387 2 Golden Gate Fire Control & Rescue Ss 160ft 2.37mi 26.228391 -81.632188 3 Alpert Tower LLC GT 1,017ft 2.42mi 26.183110 -81.574822 4 CCATT LLC SS 281ft 3.46mi 26.254446 -81.625102 5 American Towers LLC SS 200ft 4.62mi 26.276431 -81.601079 6 CCATT LLC SS 283ft 4.86mi 26.157677 -81.653630 7 L3HARRIS TECHNOLOGIES, INC. SS 298ft 5.73mi 26.155308 -81.670589 8 Crown Castle GT Company ILILC Ss 181ft 5.81mi 26.159020 -81.675562 9 Capital Telecom Holdings 11 LI-C Ss 220ft 2.74mi 26.179389 -81.571390 CL 0) 0 F- 0 CL M g n i t e C Packet Pg. 278 EXH I IT rL (1) 3: 0 F- 0 rL m �e CL CL a C/) x LY T I Packet Pg. 279 C011ICT CA3U"ty Gmwth Management Department December 28, 2022 Ignite Wireless - Kyle Lotze 102 Mary Alice Park Rd Suite 505 Cumming, GA 30040 Re: Final Site Development Plans Approval Cityswitch - FLCO09 - 1160 Kapok ST (SDP) Project Number: PL20210002791 Dear Applicant: THIS IS YOUR PERMIT AND MUST BE POSTED ONSITE! This office has reviewed the Final Site Development Plan for the referenced project and has no objection to the construction of water, sewer, paving, and drainage aspects of the project subject to the following stipulations: By receipt and acceptance of this approval, the petitioner acknowledges that a pre -construction meeting is required by code for this project. If the pre -construction meeting is not held prior to the beginning of construction, the project will be cited and shut down until the required meeting is held. Even with an Early Work Authorization a pre -construction meeting is required. General Conditions CHANGES IN USE AND/OR DESIGN OF THESE SITE AND ARCHITECTURAL PLANS ARE NOT AUTHORIZED WITHOUT WRITTEN APPROVAL BY THE COUNTY. CHANGES SHALL REQUIRE RE —REVIEW IN ACCORDANCE WITH ALL CURRENT COUNTY CODES INCLUDING PARKING FACILITIES, UTILITIES, TRANSPORTATION, ENVIRONMENTAL REQUIREMENTS AND THE LIKE. • A preliminary inspection and approval of the infrastructure for multi -family residential must be done by Engineer Inspections prior to any Certificate of Occupancy being granted. • Permits from other agencies having jurisdiction over this project shall be obtained prior to start of construction. • Please call Mr. David Crane at (239) 252-6820 to schedule a pre —construction meeting a minimum of 48 hours prior to start of construction. 0 All construction activities permitted by this letter shall only occur during the following times 6:30 A.M. to 7:00 P.M., Monday through Saturday; no work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Day. The review and approval of these improvement plans does not authorize the construction of required improvements, which are inconsistent with easement of record. Upon completion of the infrastructure improvements associated with a site development plan and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in Section 10.02.05 of this code including electronic disk. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then beissued. Zonina Conditions SIGNAGE RESTRICTIONS: Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County I Packet Pg. 280 1 Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions or color depicted on the site and/or architectural plans approved by this letter. All PUD related stipulations shall apply to this project. Utility Conditions Written confirmation from that the water/sewer facilities have been accepted and placed in service must be provided prior to issuance of a Certificate of Occupancy. "APPROVAL OF THESE PLANS DOES NOT CONSTITUTE APPROVAL OF THE METER SIZE. SIZING OF THE METER SHALL BE DONE WITH THE APPROVAL OF PUBLIC UTILITIES ENGINEERING DIRECTOR OR HIS DESIGNEE, BASED ON DOCUMENTATION RECEIVED FROM THE ENGINEERING OF RECORD. THE METER DETAIL SHALL BE SUBMITTED TO ENGINEERING REVIEW SERVICE FOR APPROVAL PRIOR TO INSTALLATION". 0 No water or sewer utility construction shall commence until proper DEP permits have been obtained Subdivision Conditions All work shall be in accordance with applicable Collier County ordinances and rules and regulations of other entities having jurisdiction over the project. Environmental Conditions • Site clearing is conditioned to the stipulations contained on the approved plans. • Required permits for listed species relocation must be provided to staff at the pre -construction meeting. • Silt fencing must be installed prior to any mechanical clearing. • Exotic vegetation must be removed prior to preliminary acceptance as required on the approved plans. Water Management Conditions • All work shall be in accordance with applicable State or Federal rules and regulations. • Work area shall be properly barricaded with hay bales and/or silt screens during the entire time of construction, to prevent any siltation during construction. • Separate excavation permit must be obtained. • The engineer of record, prior to issuance of a Certificate of Occupancy, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. • This project shall be permitted by SFWMD. • Whether or not this project was permitted by SFWMD, dewatering shall not occur without a dewatering permit from the South Florida Water Management District. Addressina Conditions Pursuant to Ordinance No. 07-62, no proposed subdivision, street, building, condominium or development may utilize the same name or a similar sounding name as any existing subdivision, street, building, condominium or development, except that the major street within a subdivision may utilize the name of the subdivision. Any changes to the project name shall be reviewed and approved by Growth Management Department/Planning and Regulation Addressing Section. Landscaping Conditions At the time of Preliminary Acceptance, the Landscape Architect shall certify that the landscaping has been installed in substantial accordance with the approved plans and specifications. The certification shall be in a form approved by the County Manager or his designee. I Packet Pg. 281 1 Fire Protection Conditions Please note that prior to the accumulation of combustible building materials on site, proposed fire hydrants must be operable with the minimum required fire flows and improved stabilized emergency apparatus access ways (min. 20'wide) must be available to within 100' of the structures. 0 No fire appliances shall be obstructed, visually or functionally, by vegetation. Additional Stipulations 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. 0 Development Review - Per FAC Chapter 62-330.051 (14)(g), the site is exempt from stormwater requirements Development Review - Sheet C-1 - Kapok Street is labeled as Public, however, Kapok Street is a Private roadway and a County right-of-way permit is not required. Planning - A yearly inspection report shall be filed with the County Manager no later than December 1 st 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. Per LDC Section 5.05.09.G.15. Transportation Planning 08/31/2022 Informational Comment: TIS - No additional trip generation is anticipated with the improvements included in this application; no further review for transportation concurrency (adequacy of roadway capacity) for trip banking (reservation of road capacity) is required. 0 Planning - The provided Determination of No Hazard to Air Navigation expires 12/24/2022. PURSUANT TO HB 503, PLEASE COMPLETE THE ATTACHED AFFIDAVIT OF COMPLIANCE AND PROVIDE TO CLIENT SERVICES STAFF (252-2400). INCLUDE THE BALANCE OF ANY OUTSTANDING INSPECTION FEES TOGETHER WITH ANY REQUIRED STATE OR FEDERAL PERMITS. UPON PROCESSING THE AFFIDAVIT OF COMPLIANCE, A PRE -CONSTRUCTION MEETING MAY BE SCHEDULED. Be advised that this approval automatically expires in thirty-six (36) months pursuant to Collier County Land Development Code Section 10.02.03.H.2. The expiration date is December 28, 2025. Please call if you have any questions or need any additional information. Sincerely, Vevc*mear Rcw�ew Z)&Wm Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 I Packet Pg. 282 1