Ordinance 92-053 ORDINANCE 92- 5,3
ORDINANCE PROVIDING FOR T~E ESTABLISHMENT OF
TOWER CONDITIONAL USE IN THE "A"
DIS'X~RI~r FOR PROPER'I~ LOCATED IN SEC~IOI~_32, -'"
TOWNSHIP. 48 SOUTH, RANGE 27 EAST, COLLIER COUNT~.,
lr/.~RIDA, BY ESTJ~BLISNING "I~IE REI~TIONSNIPS B~i'~ r.~ i-'"'
ORDINANCES AND RESOLUTIONS GRANTING CONDITIONAL~
USES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, tho Legislature of the State of Florida t~hap~r
67-1246, Laws of Florida, and Chapter 125, Florida statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zgning and such business regulations as are necessary for
the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land "
DevlloP~ent Code (Ordinance No. 91-102) which includes a
C6~p~ehefi'~ive"Zonlng Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and "
"" WHEREAS, 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
o~ Conditional Use pursuant'~o subsection 2 of Section 2,6.9
'" (~aen~1aX Semites) in an "~" mona for a co~unica~1on ~owar on '
~ha properS7 hereXnaf~ar ~escribed~ and has found as a ma~er of ,'.:
fac~ (~ibi~ "~") ~ha~ sa~fsfac~o~ provision and arran~emen~ ha~
been made concernfng all ap~lXcable maC,ers required b~ ~aid -:
· regulations and in accordance with Subsection 2.7.4.4 of the Land
i' Development Code for the Collier County Planning CommtssioD; and
'.~' WHEREAS, all interested par~ies have been given opportunity to
be heard by this ~oard in a public meeting assembled and the Board
having considered all matters presented.
NOW, THEREFORE ~E IT ORDAINED, ~Y THE ~OARD OF ZONING APPF2tLS
of Collier County,' Florida that=
SECTION ONE: Grant of Conditional Use.
The petition 'filed by Mark Lamoureux of Mark Lamoureux
Engineering representing Florida Cellular RSA, Ltd. Partnership
with respect to the property hereinafter described as:
The East 1/2 of the Southeast 1/4 of the Southeast i/4 of the
Northeast 1/4 of Section 32, Township 48 South, Range 27 East
in Collier'County, Florida.
be and the same is hereby approved for Conditional Use pursuant to
Subsectio~ 2' ~f Section 2.6.9 (Essential Services) of the "A"
zoning district for a communication tower in accordance ~ith the
Conceptual Master Plan (Exhibit "B") and subject to the following
conditions.'
~,,. -. 'EXhibit "C" which is attached hereto and incorporated by 'i~
: reference herein. ~.
SECTION TWO= Relationship Between Ordinance and Resolution Granting Conditional Use.
.X~-the event that it should be determined that the grant of
c~nditional°uses.shoul~.be= by'resolution, then this Ordinance shall
constitute' a"resolution for' such purpose.
SECTION THREE: Effective Date. . ·
This Ordinance shall become effective upon receipt of notice ..~.~
from the Secretary of State that this Ordinance has been filed with ..~.
the Secreary of State...
.... PASSED AND DULY ADOPTED by the Board of Zoning Appeals of
Collier County, Florida, this '-day of
COL I CO {TY, LORIDA
~PROVED AS TO FO~ ~D .
ASSIST~T CO~TY A~O~EY o~ ~k~em~mOt .
CU-92-i O~IN~CE
nb/7228
--- FINDING OF FACT
' ..... ?~ .... COLLIER CO~{TY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
'The follo~ing' facts 'are found~
1,
~,~) of the ~nd Devlopment
Code authorized =ha conill=lone1 usm.
2. '6ra~tin~ the c~nditional use will not adversely affect
~ .... t~9.publi¢ interest and will not adversely affect other
s-"''proger~y'or'U~aS in the same district or neighborhood
..... because of:
A.Consistency with .the Land Development Code add
Growth Manageme~ Flan:
Yes ~' No
B. Ingress and egress to property and proposed
~.structures thereon with par~icular reference to
. automotive and pedestrian safety and convenience,
· '" traffic 'flow and control, and access in case of
...... fire or catastrophe:
Adequate tngres3) & egress.
Yes · %/ No '
C. Affeot~ neighboring propert'ies in rela.tion to
no.~s~ glare, economic or odor effects.
...~'. NO a. ffect or Affect mitigated by __
· . Affec% cannot be mitigated
D. Compatibility with adjacent propertie.s and
other property in the,district:
Compa~ible u~ within district
Based on the above findings, this conditional use should,
Qith stipulations, (copy att~a~hed) (~hould not) be __
~,,,
FLOR.IDA CELLULAR
.~?. I, Mark Lamoureux of Mark Lamoureux Engineering, as
~? authorized agent for Petition CU-92-1, agree to the following
¥i': stipulations requezted by the Collier County Planning
· Commission in their public hearing on June 18, 1992.
.PLANNING:
~. a. The Planning Services Manager, may approve minor changes
· in the location, siting, or height of buildings,
~ structures, and improvements authorized by the conditional
use. Expansion of the uses identified and approved within
this conditional use application, or major changes to the
site plan submitted as part of this application, shall
require the submittal of a new conditional use
application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including
Division 3.3, Site Development Plan Review and approval,.
of the Collier County Land Develpment Code.
b. The developer and all subsequent petitioners are hereby
placed on notice that they shall be required to satisfy
the requirements of all County ordinances or codes in
effect prior to or concurrent with any subsequent
development order relating to this site. This includes,
but is not limited to, Preliminary Subdivision Plats, Site
Development Plans and any other application that will
result in the issuance of a final or final local
development order. '.'. '~.~:
C. The maintenance building will be required to have an '"~
automatic fire suppression system in it. ~"'~
t .
d. Artificial lighting required by either '. the Federal ' ;
.~ Aviation Administration or Federal Communication
.h, Commission shall be affixed to the tower. A red beacon
~..~. shall be used instead 'of a white strobe when technically
?;~ possible.
WATER MANAGEMENT AND ENGINEERING'
~,. a. Detailed paving, grading, site drainage and utility plans
'~'~ be submitted to Project Review Services for review. No
" '. construction permits shall be issued unless and until
· ,' approval of the proposed construction in accordance with
the submitted plans is granted by Project Review Services. "
EXHIBIT "C"
:.'~' b. Design and construction of all improvements shall be
· '~ subject to compliance with the appropriate provisions of
the Collier County Land Development Code.
c. Work within Collier County right-of-way shall meet the
requirements of Collier County Right-of-Way Ordinance No.
82-91.
d. The building setbacks shall be shown on the final site
deve lOpmen't, plan..
e.~'i¥ :~%6Ject"shall he'" ~esigned in accordance with South
~i.l.o. rid.a'.~.W.~ater..M.a.nag?me.n~ Distr'ict rules for water quality.
f. acc.s, is approved for this sit.
'u~d'e'r. the sp'eciff~" condition that only maintenance traffic
UTILITI ES ~ ......
· a. If a diesel storage tank is to be used as a fuel source
f6r the. backup generator, it shall be enclosed in an
': i~pervious., cell' that shall contain any potential spill.
Details of the containment system shall be submitted as
part ~f the final site plan submission.
' a. ~ative vegetation, specifically cabbage palms, that cannot
be retained shall be incorporated into open space or
~ landscaping by transplanting.
TRANSPORTATION:
'~' a. The petitioner- shall pave the intersection" of Rock Road
~ with C.R. 846 (Im~okalee Road) to County specifications
., for a turnout from the edge of the existing pavement to
the right-of-way line.
b. The petitioner shall be required to obtain a permit for
i.. work within the right-of-way,, in accordance with Ordinance
~., No.. 82-91,. as amended.
STATE OF FLORIDA
COUNTY OF .COLLIER
The foregg~g Agreement Sheet was acknowledged before ma this
day of _ ~~ , 1992 by _~ ~wc~W , who-
~s perso~ly known to ~e ~
.... d ........ =~ .... and who ~ (did not) take an oath.
'" ' '(~gnature of ]]o~ary Public)
...... :.,, .,,.~ ........... . ...... (Print Name of Notary Public)
.. N~Y P~LIC
· '~?,~.,~,~,..,,
-.,. % My Co~ission E~ires: .
. s ...... ~~ ~.~,~ .,~
· ;.:
,, ....
CO~ OF COLLI~ ~ ~ '
~e '~orego~ng A~munt Sheet was acknowl~ged before me th~s
who '~ - am iden~i~ ~n and '
(S~' .. (~gnature 'f Notary ~blic)
,. ,..
~-92-1 AGRE~ SHE~ .
nb/7229 ' ':
-3- ,.~:
STATE OF FLORIDA
.COUNTY OF COLLIER )
I, JAMES C. OILES, Clerk of Courts In and for the
Twentieth Judicial Circuit, Collte= County, Florida, do
hereby certify ~ha~ the foregoln~ ~ a true copy
Ordinancs No. 92-53
whtch wa. adopted by the Board of County Co.missioners on
the 4th day of Au~st, 1992 during Re~lar Session.
~I~ESS =y h~d and the officia~ seal of the Board
County Co~lss~oners of Collier County, Florida, thls
day.of Auger, 1992.