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Resolution 1991-747OCTOBER 22, 1991 RESOLUTION 91 - 747 RELATING TO PETITION NO. PU -91 -12 FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN 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 Comprehensive 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 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 Provisional Use "b" of Section 8.10 (Essential Services) in an A -2 zone for a communication tower on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 13.1.d of the Zoning Regulations for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all. matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that the petition filed by Mark Lamoureux of Mark Lamoureux Engineering, representing Florida Cellular R.S.A. Ltd. Par. with respect to the property hereinafter described as: ■ IM0 PA 177 OCTOBER 22, 1991 The West 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida. be and the same is hereby approved for Provisional Use "b" of Section 8.10 (Essential Services) of the A -2 zoning district for a communication tower in accordance with the Conceptual Master Plan (Exhibit "B ") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Satmders offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Shanahan and upon roll call, the vote was: AYES: Commissioner Saunders, Commissioner Shanahan, Commissioner Volpe, CMMLssioner Hasse, and Commissioner Goodnight NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 22nd day of October 1991. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: dd PATRICIA ANNE GOODNIGHT, C ATTEST: JAMES C. GILES,`.,CLERK t9VED AS To,'ORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT f°yASSISTANT COUNTY ATTORNEY PU -91 -12 RESOLUTION nb /6100 coo 0, 170 -2- r �ti1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR. _ OCTOBER 22" 1291 2 pit-q 1 -1 The following facts are found: 1. Section 8.10b.(Essential cprvirPQ) of the Zoning Ordinance authorized the provisional use. 2. Granting the provisional 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: A. Consistency with the Comprehensive Plan: Complies with Comprehensive Plan Yes ► No B. 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 L,-"_ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by, Affect cannot be mitigated D. General compatibility with adjacent properties and other property in the district: Compatible us within district .Yes No Based on the above findings, this provisional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 10-1-q) CHAIRMAN: t 0 FINDING OF FACT CHAIRMAN EXHIBIT "A" a con 179 o2'4bf M,,l0,6Se69ry d W a � J ' `' - � Lrv3waSv� ovo77 04 ('SV�w) 9i"fi4E (�3v) bl £bP 3 ,52 ,6S e1.9 !Y C / i Iv J 3 0 `o OCTOBER 22, 1991 Q c� eC J L 0 is H �? W S a Fl - 19 an co W d7 IL c U C J d K «w ^ p fl r s,0o/ Q d � I09 LL. O E � CA: I Sao 0 � mSa I Q LJ.. u1 Id J .o W 0 CO 3 p � d 0 � V d nl N 0 N `' - � Lrv3waSv� ovo77 04 ('SV�w) 9i"fi4E (�3v) bl £bP 3 ,52 ,6S e1.9 !Y C / i Iv J 3 0 `o OCTOBER 22, 1991 8 1 0 W N LL Z J d ° t 7 0 N Q c� eC J C7 H �? W •00 O an co W • o c U C J •� y J Q a m LL. O E CA: r' 0 w CU N Q LJ.. '° e� J 0 CO � V 8 1 0 W N LL Z J d ° t 7 0 N OCTOBER 22 1991 I, Mark Lamoureux of Mark Lamoureux Engineering, as authorized agent for Petition PU- 91 -12, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on October 3, 1991. a. The Planning Services Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the provisional use. Expansion of the uses identified and approved within this provisional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new provisional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Section 10.5, Site Development Plan Review and approval, of the Collier County Zoning. Ordinance (82 -2). b. The petitioner shall plant a continuous landscape hedge, consisting of native shrubs (3 foot minimum height at planting) around the perimeter of the security fence. C. Prior to the issuance of a final local development order a shared use plan for both the tower and this site pursuant to the appropriate provisions of Ordinance 91 -84 shall be submitted. d. This project shall be required to Ordinances in effect at the time documents are submitted for development e. This project shall be required to go Development Plan process in accordance of the Zoning Ordinance. meet all County Einal construction approval. through the Site with Section 10.5 f. A detailed water management plan shall be submitted as part of the final site plan submission. This project shall be designed for water quality in accordance with South Florida Water Management District rules. g. If a diesel storage .tank is to be used as a fuel source for the back -up generator, it shall be enclosed in an impervious cell that shall contain any potential spill. Details of the containment system shall be submitted as part of the final site plan submission. EXHIBIT "C" ■ 000 181 -1- OCTOBER 22, 1991 h. Petitioner is subject to Ordinance No. 75 -21 or the vegetation removal ordinance in effect at the time of final land development order. i. Petitioner is subject to Ordinance No. 82 -37 or the exotics removal ordinance in effect at the time of final land development order. k. Siting of proposed structures and infrastructure is subject to revision to avoid impacts to naturally vegetated areas and shall be addressed during the SDP process. 1. Artificial lighting required by either the Federal Aviation Administration or Federal Communications Commission shall be affixed to the tower. A red beacon shall be used instead of a white strobe when technically possible. M. Final location of the communication tower shall be determined during the Site Development Plan process. The review shall specify the minimum area of environmental impact while maintaining a 100 foot setback from property lines. 4 -jab, PZT14LIO AGENT i SWORN TO AND SUBSCRIBED BEFORE ME THIS oZ.� DAY OF 1991. L/ %,,NOTARY PUBLIC SEAL WARY PtAX STATE Of FLOWA My C"ISMN Elm AU6. 72.1992 MY OMM,ISSION EXPIRES: SONDED rrM ARK M. LO. N ,000 FV! 1UL -2- OCTOBER 221 1991 7 REPRESENTATIVE- FOR,:.Q C / SWORN TO AND SUBSCRIBED BEFORE'ME THIS /� DAY OF / j_ 1991. Qr1�2st �Ei OTARY PUBLIC SEAL NNAAY MAX STATE CF FLOWA rtr CMMMM OF AUe. 22•tW2 MY FOMMI S A ,N EXPIRES: Damm 7�01 mica" PU- 91- 12,AdREEMENT SHEET nb /6i'bil" ® Gc0 PACIE 1$3 -3-