Resolution 1985-103April 16, 1985
RESOLUTION 85-103
RELATING TO PETITION NO. PU-85-4C
FOR PROVISIONAL USE OF PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapters
67-1246 and 125, Florida Statutes, has conferred on all counties in
Florida the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public;
and
WHEREAS, The County pursuant thereto has adopted a "omprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
provisional uses; and
WHEREAS, the Coastal Area Planning Commission, being the duly
appointed and constituted planning board for the area hereby affected,
has held a public hearing after notice as in said regulations made a.'
provided, and has considered the advisability of Provisional Use "i"
of the A-2 zone for the property hereinafter described, and has found as a
mrtter of fact that satisfactory provision and arrangement has been made
concerning all applikable matters required by said regulations and in
accordance with Section 13 - ld of the Zoning Regulations for the
Coastal Area Planning Commission; and
WHEREAS, all interested parties have been ;riven opportunity to be
heard by this Board in public meeting assembled and the Board having
considered all matters presented.
NOW, THEREFORE BE IT RESOIVED, by the Board of ZONING APPEALS of
Collier County, Florida that the petition of Wilson, Hiller, Barton,
Soll 6 Peek, representing Alpine Broadcasting Corporation, with respect
to the property hereinafter described as:
N� of NEk of Section 26-49-27 and the S11 of the SE 4
less the N 165' of Section 23-49-27, Collier -County,
Florida.
rMN F" W"
April 16, 1985
be and the same is hereby approved for Provisional Use "i" of
the A-2 zoning district for a communication tower subject to the
following conditions:
a. All exotic species shall be cleared from the site
and the site shall be maintained free of exotics.
b. The County Environmentalist shall review a:d approve
the location of the access road to insure the protection
of wetlands and water flow.
C. Detailed site drainage plans shall be submitted to the
WMAB for review for all new construction. No construction
permits sh.,ll be issued unless and until approval of the
proposed construction in accordance with the submitted
plans is granted by the County Engineer.
BE IT FURTHER RESOLVED that this resolution be recorded in the minutes
of this Board. I
Commissioner Holland offered the foregoing resolution
and moved its adoption, seconded by Commissioner Goodnight
and upon roll call, the vote was:
AYES: Commissioners Holland, Goodnight, Hasse and Voss
NAYS: None
ABSENT AND NOT VOTING: Commissioner Pistor
ABSTENTION: None
Done this 16th day of _ -April 1985.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
WILLIALD_J. RREEAGAN, CLE
APPROVED AS 000 RM AND EGAL SUFFICIENCY:
KENNETH B. CI'YLER �%
ASSISTANT COUNTY ATTORNEY
600K C86 rl : 587
I
KKK V—M— °a'' 5M
April 16, 1985
FINDII:G OF FACT
BY
COASTJ.L AREA PLANNING CO:q:dISSI0;1
FOR
A PROVISIONAL USE PETITION
FOR
" .S- y G
The following facts are found:
1. Section ��j �,' �� of the Zoning Ordinance authorized
the provisional use.
2. Granting the provisional use will not adversely affect
other property or uses in the same district or neighborhood
because of:
A General mil•
• co._ Plan: lance with the Comprehensive Yes (yf
— No ( )
1 =
D. Ingress and egress to property and proposed
structures thereon with particular reference
to automotive and pedestrian safety and
convenience, traffic flo:•i and control, and
access in case of fire or catastrophe:
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
D. General compatibility .,'ith adjacent properties
and other property in the district:
Based on the above findings, th"_s provisional use should, w-t!1
stipulatiot.s, (coop attached) should nvty be recorl- endc zor
approval ' S`
DATE.
Chairman � � � / /� . (_'•
Yes
No ( )
Yes ( )
No ( VY
Yes ((J�
No ( )