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Resolution 1995-613 RESOLUTION 95-~3 - A RESOLUTION PROVIDING FOR THE REPLACEMENT OF AN EXISTING 280 FOOT GUYED COMMUNICATION TOWER IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.6.35.5.1.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Lugislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collie:' County the power to establish, coordinate and enforce zoning and auch business regulations as are necessary for the protection of the ~lblic; and WHEREAS, the County pursuant t' ereto has adopted i\ Land [levelopment Code (Ordinance No. 91-,02) which includes a Comprehensive Zoning Ordinance eEtablishing regul,tions for the zoni;',g of partiCUlar ~'eographic divisions of the County, among which is th,: granting of , .:mditional Uses; and WHEREAS, the Collier County Planning Commission, oeing the duly .ppointed and constituted planning noard for the area ~ereby affected, ;~s held a public hearing after not ce as in said regUlations made and i rovided, and has considered the ae 'isability of Conditional Use pursuant to Section 2.6.35.5.1.3 ir: an "E" Estates zone for replacement of an existing 280 foot guyed communication tower on the property .;ereinafter described, and has found as a matter of fa,:~t (EXhibit "A") :~at satiSfactory provision and arrlngement have been ~ade concerning . 11 applicable matte~s required by ;aid regulations ar I in accordance with Subsection 2.7.4.4 of the Lane Development Code f lr the Collier County Planning Commission; and WHEREAS, all interested parties have been given o.~'portunity to be heard by this Board in a public meeting assembled and '.:he Board having ronsidered all matt~rs presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZOlTING APPEALS of <allier County, Florida that: The petition filed by John Daly of Collier County Emergency Vervices Division, representing the Collier County Board of County \ )mmissioners, with respect to the Jroperty hereinafte: described as: ~OOK Off) PAGt 346 OCT 2 4 19!rJ Part of the South 1/2 of the North 1/2 of the Southeast 1/4 of the Southwest 1/4 of section 8, Township 50 South, Range 26 East, Collier County, Florija. be and the same is hereby approved for Conditional Use of Section 2.6.35.5.1.3 of the "E" Est~tes zoning district for replacement of an existing 280 foot guyed communication tower in accordance with the Plan (EXhibit "B") and SUbjelo the following Conceptual Master conditions: a. The Planrdng & Technical Services Manager may approve minor changes in the location, siting, or height of buildingr, structures, and improvements authorized by the cond~tional use. Expansion of the uses identified and approved within this conditional use application, or major ch~nges to the site plan submitted as part of this appl icat' on, sha 11 requ il e the submittal of a new conditioJ;al use applicat. on, and shall compl y with all applicable County ordinal ~es in effect at tte time of submitta~, including Div sion 3.3, site Devā‚¬lopment Plan Review and approval, of 'he Collier County land Developm~nt Code (Ordinal ce No. 91-102). b. Artificial lighting requ red by either the I ederal Aviation Administration lir Federal communicttions Commission shall be affi>..~d to the tower. A red beacon shall be used instead of ~ white strobe when technically possible. BE IT FURTHER RESOLVED that this Resolution be rocorded in the linutes of this Board. commissioner Constantine offered tile foregoing Resolution and move,i for its adopt on, seconded by Commissioner Mac'Kie and upon ro:l call, the vote was: ,~YES: Commissioner constantine, Commissioner Mac'Kie, :ommissioner Norris, Commissioner Hancock, and Commissioner Matthews "AYS: ~BSENT AND NOT VOTH'G: ABSTENTION: Done this c:<~ I day of __~ , 1995. ..1......, \.TTEST: )WIGHT ,E. BROCK; CLERK -.'f\O'~t.^.1 . Yn .1thul h.L ~ RIE M. STUDENT .,SSISTANT COUNTY ATTORNEY CU-95-12 RESOLUTION'15144 ~ODl( f110 P~GE 347 .')-