Resolution 1999-468RESOLUTION 99-4 6 8
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A P. ESOLUTION PROVIDING FOR TIlE ES'YABLISIhMENT
OF CONDITIONAL USE 23 IN TIlE A-ACSCIST ZONING
DISTRICT PURSUANT TO SECTION 2,2.2.3, OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 2, TOWNSHIP 53
SOUTtt, RANGE 29 EAST. COLLIER COUNTY, FLORIDA,
WHEREAS, the Legislature of the State of Florida in Chapter 67-I 246, 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
WIIEREAS. the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) 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
WItEREAS. the Collier County 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 and provided, and has considered the advisability of Conditional Use 23 of Section
2.2.2.3. in an A-ACSC/ST Zone for airboat tours and related facilities and communication tower on the
property hereinafter described, and bas found as a matter of fact (Exhibit "A") that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier
County Planning Commission; and
WHEREAS, all interested panics have been given opportunity to be beard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, TtlEREFORE BE IT RESOLVED, BY TIlE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by Jason Laskcy of MasTec Wireless Services representing Sprint Spectrum
L.P. with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use 23 of' Section 2.2.2.3. of the A-ACSC/ST
Zoning District for an airboat tour facility and related facilities and communication to,vet and
associated exhibits in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
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Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /'5/.,'e~ day of~.~.,ct.a~./~a~, 1999.
signsLure only.
ATTEST:
DWIGHT E. BROCK, Clerk
Apbroved as to Form and
Legal SulT~ciency:
Assistant Courtly Attorney
BOARD OF ZONING APPEALS
COLLI ~F~..,COUNTY, FLORIDA
/
E,/~J min/ R F..'M)I 1 rl I¢)N~('! l-rY)- I I ;I)M qm
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other propert}'
or uses in the same district or neighborhood because of:
ao
B°
Consistency with the Land Development Code and Growth
Management Pl.a~~
Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and acces~ in case of fire or catastrophe:
Adequate~d~ess & egress
Affects neighboring properties in relation to noise,
gl/r~-~, ec~omic or odor effects:
~ No a~Yfect or __ Affect mitigated by
~ Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible us.~n~ district
e~~j__No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval ~~__ /3 ~ .
f/FII:DII;G OF FACT CI{AIP3~.;J;/
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99~11
17K
The following facts are found:
Section 2.6.35.6.2.4. of the Land Deveiomment Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Ao
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~-" No
B o
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes If No
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
, No affect or Affect mitigated by
Affect cannot be mitigated
D0
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~ .... No
Based on the above findings, this conditional use~shgu_ld,_.with
stipulations, (copy attached) (should noI) be recommended for
approval :
f/FI~DI;;G OF FACT ?.EMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
17K
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Bo
Consistency with the Land Development Code and
Grcwth Management Plan:
Yes _ ~// No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control,' and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~/ No
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
. %z/No affect or Affect mitigated by
__ Affect cannot be mitigated
Do Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes J No
Based on the above findings, this conditional use sh~oul~, with
stipulations, (copy attached) (should not) be recommended for
approval
f/FI~,~DI:;G OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PL~I~nNiNG COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
Consistency with the Land Development Code and
Growth Management P~n:
Yes No
Bo
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & e~ress
Yes ~ No
Affects neighboring properties in relation to noise,
glar~e~'economic or odor effects:
~/~;o affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use w~thin district
Yes ~/~No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
f/FiNDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the L~nd Development Code and
Growth Management Plj~:
Yes / No
Bo
ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & e~s
Yes ~/ ,, No
Co
Affects,neighboring properties in relation to noise,
giar3/-~economic or odor effects:
v No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use w//~in district
Yes ~/ No
Based on the above findings,
stipulations, (copy attached)
approval (?.,~
DATE: ///~" / .~'~ ~/
this conditional use should,
(~~--~-.~.b e rec?mmen.de~zf
f/FI~UDING OF FACT MEMBEP/
FINDING OF FACT
BY
COLLIER COUNTY PLA~ING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other proper~y
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management Plan:
Yes %/ No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~, No
Affects neighboring properties in relat:on to noise,
glare, economic or odor effects:
%/ No affect or Affect mitigated
Affect cannot be mitigated
Do
Compatibility with adjacent properties and ocher
property in the district:
Compatible use within district
Yes %/.. No
Based on the above findings, tb{s-Conditional use should, with
stipulations, (copy attached) ~should.~not) be recommended for
approval .... -
f/FINDI:~G OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
I?K
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
Consistency with the Land Development Code and
Growth Management Plan:
Yes No
B o
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes No
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
. r No affect or Affect mitigated by
__ Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, 'with
stipulations, (copy attached), (should)not) be recommended for
approval
, ; ,//< MEMBER:
DATE: , ~ ,'~ >; ,
f/FIelDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
So
Consistency with the Land Development Code and
Growth Management Plan:
Yes _~ No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~' NO
C0
Affects neighboring properties in relation to ncise,
glare, economic or odor effects:
~ No affect or Affect mitigated h~'
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~/ No
Based on the above findings,
stipulations, (copy attached)
approval
thim-~co-b-hditional use should, with
t/shoul~not) be recom.mended for
, !
f/FI~q~ING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
17K
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~ No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &~gress
Yes ./~x. No
C0
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
/ No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible us~ within district
Yes / '~ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
:ll::l: '"' ' '
'"i / ' '
f/FINDING OF FACT MEMBER/
OR: 2444 0050
Exhibit 'A' '.o Warranty Deed
A l'l'i/~ O~ ~ 1OOFT IN Will.'/ LYING 50 ]rE~T 0:! F~ACIt SIDE OF
SeCti~ 2~, T~ehip ~2 South, R~ge 29 Zest on ~e Sou~ l~e o~ S.~.
Ylorl~ ~ar~nc of Tree,ration dated J~u~ 17. 1978. ~d said Strip
~ 3S of T~s~p 52 ~ouCh, R~ge 29 ~sC. ~d Sections 2 & 11 of
T~P 5~ ~ouch. ~l 29 ZalC, 14,992 felt. ~re or 16el. =o =he South
l~e of ~l ~1/4 o~ ~e ~1/4 of I~ld iecC~ou 11j ~SS ~ ~.
~rCiou'~ereof conveyed ~ CrycoT =o M~cC~ J. ~, Jr. ~d
NOr~ 1~i Of SeCtion 2, To~e~p ~3 Sou~h. R~Ga 29 Easel t~c6 South 19
d~e.~ 5B' Wa~C &long said C~=or 1In. ~6S.8 feeCJ Chance norC~emtarly
~~gJ ~ce tr~ laid ~ocaCed ~c o~ b~ing South 19 degrees
58' Welt 1720 feet. ~r~ or lell, Co a ~C ~ ~l Nor~ ~d South half
lecCiom l~e o~ Ja~d ~e=Ciom 2~ ~enCe South along ~ North ~d South
~lg section line of Sections 2 ~d 11. T~l~p 53 Sou~. R~ga 29 Lair.
WewC right ot way l~e o6 CryCot, w~ch ~inC im 50 feeC WemC. meawured
a= right ~le. fr~ said c~cer 11ue~ ~ce uorC~ardly along the
l~e of said right of way, parallel =o ~d 50 feeC fr~ said c~=er line.
6.469 feeC ~re or 1eli, Co =he ~lnC of b~f~lngl LESS ~ ~CE~,
~rCion hereof con~ or ~cep=ed in d~ed fr~ Grantor =o Martin j.
~n, Jr. ~d ~ ~ ~of~n dated Horner 14. 1997.
~ ~!Cuice lu Collier Co~y, Florl~.
Exhibit "B"
!
lil!;ii
Exhibit "C"
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Exhibit "C"
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Exhibit "C"
Conditions for Approval of Conditional Use CU-99-! 1
(November 18, 1999)
'the Planning Services l)lrectar may approve riffnor changes in tile localran. siting, or height of
buildings. structures. and i~nprovements authorized by this conditional use. F. xpansion ol'tlle uses
identified and approved within this comlitional use application. or major changes to Ihc site plan
submitted as part of this application. shall require tile submittal of a nov.' conditional use applicatmn.
anti shall comply with all applicable County ordinances in effect at tile time of submittal. including
l)ivision 3.3. Site Development Plan Review and approval, of the Collier County lamt Development
Code (Ordinance 91-102).
Tower lighting as required by either the Federal Communication Commission (F('C) or the Federal
Aviation Administration {FAA) shall be affixed to the proposed tov,'er. A white strobe light for night
time lighling and red flashing beacon for day time lighting is preferred, therefore. tile applicant shall
request approval of dual mode lighting from the FAA/FCC.
No outside storage of vehicles or equipment arc permitted except as needed on a lcmporary basis for
temporary v,'ork or repairs.
No habitable builtting shall be placed %%'ithin a Ibll zone/collapse area around the base of tile tower as
certified by a profi.'ssional structural engineer licensed to practice in tile state ~ff Florida and as
identified on tile site development plan.
I'rior to a certificate of occupancy all exotic vegetation as defined by the ('ounty I.and !}e:,'clopmcnt
('ode shall be removed from the approved site de~ elopment plan ¢Sl)l') dcvelopn:ent footprint. AII
developed areas shall be maintained free of exotics as required per .%elton .... 247.4. I S. ~ff the l.l)('.
l'pon issuance. tile building permit is sub eCl t~, a timely-five {45) day appeal perm. I by the t-1orid;t
Deparmlcnt of Community Affairs {D('A}.
l'ursuant to Section 2.2.25.8. I of the I.I)C. if during the course of site clearing, c~,.cavation, or other
constructran activity, an historic or archaeological arttibet is found, al developrecur within the
minimum area necessary top protect tile discovery shall be immediately stopped and the Collier
County Code Enforcement Department shall be contacted.
Approval of Illis conditional use shall not be misconstrued or interpreted in any way as to nullify any
pre-existing stipulation as may still apply to CU-93-18 (Resolution 94-15q).
Exhibit "D"
.A.,,GREEMENT
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I,Jason Laskey of MasTec Wireless Service rcprcsenting Sprint Spectrum, as authorized agent
for Petition CU-99-1 I, agree to the £ollo,,ving stipulations requested by the Collier County
Planning Commission in their public heating on November 18, 1999.
PLANNING:
STATE OF FLORIDA
COUNTY OF COLLIER
PETITIONER OR AGENT
The foregoing Agreement Sheet was acknowledged before me this
1999 by
as identification.
day of
, who is personally known to me or who has produced
(Signature of Notary Public)
NOTARY PUBLIC
Commission #
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLIER
REPRESENTATIVE FOR CCPC
The foregoing Agrcement Sheet was acknowledged before me this ~ day of
1999 by .... who is personally known to me or xvho has produced
as identification.
(Signature of Notary Public)
NOTARY PUBLIC
Commission tt
My Commission Expires:
Exh ib i t "P"