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Resolution 2025-068A RESOLUTION NO. 2025 - 68A A RESOLUTION DENYING PETITION PL20230011384, WHICH REQUESTED A CONDITIONAL USE FOR A 350- FOOT-TALL COMMUNICATIONS TOWER ON AN ESSENTIAL SERVICE SITE WITHIN THE CONSERVATION ZONING DISTRICT (CON) AND BIG CYPRESS AREA OF CRITICAL STATE CONCERN SPECIAL TREATMENT OVERLAY (ACSC/ST) PURSUANT TO SECTIONS 2.03.09.B.1.c.5 AND 5.05.09 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, LOCATED ON APPROXIMATELY 5,217± SQUARE FEET OF A 5.34± ACRE TRACT LOCATED AT THE OCHOPEE FIRE CONTROL STATION 66, 40808 TAMIAMI TRAIL EAST, OCHOPEE, IN SECTION 35, TOWNSHIP 52 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, Jeff Davidson, P.E., of Davidson Engineering, Inc., on behalf of the Board of County Commissioners of Collier County, Florida, as Governing Board of the Ochopee Fire District, filed Petition PL20230011384 to establish a conditional use to allow a 350-foot-tall communications tower on an Essential Service Site within the Conservation Zoning District (CON) and Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC/ST) pursuant to Sections 2.03.09.B.1.c.5 and 5.05.09 of the Collier County Land Development Code on the property herein described; and WHEREAS, on March 25, 2025, the Board of County Commissioners, acting as the Board of Zoning Appeals (BZA), held a properly noticed public hearing to consider said petition; and WHEREAS, all interested parties have been given the opportunity to be heard by this Board in a public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: EMS Communications Tower Ochopee CU-PL20230011384 Page 1 of 2 c40 Petition Number PL20230011384, filed by Jeff Davidson, P.E., of Davidson Engineering, Inc., on behalf of the Board of County Commissioners of Collier County, Florida, as Governing Board of the Ochopee Fire District, is hereby DENIED in accordance with the record of the proceedings of the public hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on March 25, 2025. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the Board of Zoning Appeals. This Resolution adopted after motion, second and majority vote this 25th day of March 2025. ATTEST: '' 'l';. BOARD OF ZONING APPEALS CRYSTAL K. KINZEL•,;`'CLERK COLLIER COUNTY, FLORIDA -)APLikkx Y• By: Attest as to Chairman's , , D':• ►; l: k B rt . Saun er's hairman i.,_ signature only Ap o ed as to form and le ity: Ld` Derek D. Perry Assistant County Attorney EMS Communications Tower Ochopee CU-PL20230011384 Page 2 of 2