Backup Documents 02/23/2010 Item # 7B
?o
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
~ Normal Legal Advertisement Other:
(Display Adv" location, etc.) ~
***...........***.....*........**..........****.**. ~**.**...***.****.*.l**/?~.*~*...*****.....
Originating DeptJ Div: CDES./7..onin2 Person: Nancy Gundl , AI P Date: ~~. l u
PetitIon No. (lfnone, givt: brief des.:riptlon): CL:-2008-AR-14085, Fla TV Ine
Petitioner: (Name & Address): Ms. Kimberly Madison, Ruden. Mcclosky, Smith. Schuster & RcsselJ, P.A.. 401 E, Jackson Street,
Suite 2700. Tamp.. FL 33602
Name & Address of any person(s) to be notified by Clerk's Office; (If more space is needed, attach sepan\1_e sheet) Flu TV, 5775
Morehouse Drive, San Diego. CA 92121, R~nda Broadcasting Corp., 900 Parish Street. 41h Floor, Pittsburgh. PA 15220-3425
Hearing before Bee
BZA
Other
Requesled Hearing date:
Februarv 23, 2010
Based on advertisement l:lppearing 15 davs before hearing
Newspaper{s) to be used; (Complete only irimportl:lnt):
xxx Naples Dally News
Other
Legally Required
Proposed Text: (lnclude legal description & common location & Size: .P~.lli.iQ,!llU-2008-AB.:J.4Q~2, FLO TV, Inc" represented
by Kimberly 1. Madison, Esq" of Ruden, McClosky, Smith, Schuster and Russell. P.A" is requesting a Conditional Use for a
communications tower and the instaHation of related shelter and equipment in the Estates (E) Zoning District. as specified in
Section 5.05,09 of the Collier County Land Development Code (LDe). 'The approximately 4.n-acre subject property is located at
5860 Crews Road, in Section 8. Township 50 South, Range 26 East, in Collier County. Florida. (Companion item to V A-PL2009-
037.)
Companion petit[on(s), if any & proposed hearing date'
Does Petition Fee include advertising cost? Yes No If Yes. what account should be charged for advertising costs:
PO Number; 4500096189 for Account Number: 068779
01. lot-fO
--.---
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. _For hearings before BCe or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
A. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file
**.*............*..............*.............................................*........................
FOR CLERK'S OFFICE SE ONLY:
Date Received \ 2Jo Lbate of Public hearing: ~ /?oate Advertised: &j.1:J {I)
78 /<"
RESOLUTION NO. 10-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW TWO
COMMUNICATIONS TOWERS WITHIN THE ESTATES ZONING
DISTRICT PURSUANT TO SECTION 5.05.09 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCA TED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORTDA.
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 Land Development Code
(Ordinance No. 2004-41, as amended) 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
WHEREAS, the Board of Zoning Appeals (Board), 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 a Conditional Use
of two communications towers within the Estates Zoning District pursuant to Section 5.05.09 of
the Collier County Land Development Code on the property hereinafter described, and the
Collier County Planning Commission has made findings that the granting of the Conditional Use
will not adversely affect the public interest and the specific requirements governing the
Conditional Use have been met and that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Subsection
] 0.08.00.D. of the Land Development Code; 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.
Mediaflo USA, tnc. CU-2008-AR-14085
REV. 01/13/1 0
1 of2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-2008-AR-I4085 filed by Kimberly J. Madison, Esquire of
Ruden, McClosky, Smith, Schuster and Russell, P.A., representing FLO TV Incorporated, with
respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved
for a Conditional Use for two communications towers within the Estates Zoning District
pursuant to Section 5.05.09 of the Collier County Land Development Code, in accordance with
the Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit
"C". Exhibits "A", "B" and "C" are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this _ day of
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, Chairman
Approved as to [onn
and legal sufficiency:
Steven T. Williams ..,
Assistant County Attorney ":~\3'IO
Attachments: Exhibit "A" -Legal Description
Exhibit "B" - Conceptual Site Plan
Exhibit "C" - Conditions
CP\08-CPS-00918\42
Mediaflo USA, Inc. CU-2008.AR-I4085
REV. 0]113/10
2of2
':78
Exhibit A
"
LEGAL DESCRlP'l'ION
Property located in Collier, FL
TIle West om~.half (W !I,) of the Northwest one-quarter (NW \4) of the Southeast one-quarter
(SE l') of tile Southeast one.q1ll1rter (SB l4) of Section 8, Township 50 S<)uth, Range 26 East,
Collier County Florida, also known tlS'Tract No. 20, Enchanted Acres, Jess the South 30 feet for
road right-of.way purposes.
AND BEING tbe Sll1Jle property conveyed to Renda Broadcasting Corporation,. a Pennsylvania
corporation from Sterling ComffiUluca:!ion Corporation, a Florida corporation by Wllff(lIrty Deed
dated JfIllUary ]3, 1999 and recorded January 20, ]999 in De.ed Book 2S03. Pag.. 1624.
Tax. Parcel No. 004QS160008
RM:.634'2536:1
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CONDITIONS OF APPROVAL
CU-2008-AR-14085
January 12,2010
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "Overall Site Plan," prepared by Black and Veatch, and dated
September 28, 2007, as revised through April 9, 2009. The site plan noted is
conceptual in nature for Conditional Use approval only. The final design must be
compliance with all applicable federal, state, and county laws and regulations.
2. Development on the site shall be restricted to 3,359 square feet of impervious
area.
3. Maximum height of the two towers on the site shall be limited to 455 feet,
including antennae, lightening rods and other appurtenances.
4. Both towers on the site shall be equipped with either solid red beacon or dual
mode lights unless a waiver of this requirement is granted by the Federal Aviation
Administration (FAA).
5. All guy line anchors shall be fenced pursuant to LDC 5.05.09.G.l2.
6. One tower on the site shall be owned by or leased to a governmental entity for
government-related, essential service purposes. Should this entity remove its
antenna(e) from the tower, the property owner shall immediately notify the
County and replace the antenna(e) with another essential service user within six
months.
Exhibit C
Acct #068779
70 .~
January 27,2010
Attn: Legals
Naples Daily News
1100 Immokalee Road
Naples, Florida 34110
Re: CU-2008-AR-14085, Flo TV Inc.
Dear Legals:
Please advertise the above referenced notice on Sunday, February 7, 2010 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
~
'78
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that the Board of County Commissioners, as
the Board of Zoning Appeals, of Collier County will hold a public
hearing on Tuesday, February 23, 2010, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO
ALLOW TWO COMMUNICATION TOWERS WITHIN THE ESTATES ZONING DISTRICT
PURSUANT TO SECTION 5.05.09 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA.
The Board will consider Petition: CU-2008-AR-14085, FLO TV, Inc.,
represented by Kimberly J. Madison, Esq., of Ruden, McClosky,
Smith, Schuster and Russell, P.A., is requesting a Conditional Use
for a communication tower and the installation of related shelter
and equipment in the Estates (E) Zoning District, as specified in
Section 5.05.09 of the Collier County Land Development Code (LDC)
The approximately 4.77-acre subject property is located at 5860
Crews Road, in Section 8, Township 50 South, Range 26 East, in
Collier County, Florida. (Companion item to VA-PL2009-037)
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
j 78
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
330 I TAMIAMI T)(AIL EAST
PO. BOX 413044
NAPLES, FLORIDA 34101-3044
~?8
January 27,2010
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Renda Broadcasting Corp.
900 Parish Street
th I
4 F oor
Pittsburgh, PA 15220-3425
Re: CU-2008-AR-14085, FLO TV, Inc.
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, February 23, 2010 as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, February 7, 2010.
Yau are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Enclosure
Phone (239) 252-2646
Website: www.colliercJerk.com
Fax (239) 252-2755
[mail: collierclerk(a?collierclerk.com
Dwight E. Brock
Clerk of Courts
coupty ofC611ier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMJAl'vll TRAIL EAST
PO. BOX 413044
NAPLES, FLORIDA 34101-3044
7B'
January 27,2010
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Ms. Kimberly Madison
Ruden, McClosky, Smith, Schuster & Russell, P.A.
40 I E. Jackson Street, Ste 2700
Tampa, FL 33602
Re: CU-2008-AR-14085, FLO TV Inc.
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, February 23, 2010, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, February 7, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT K BROCK, CLERK
~~~~
resa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
PO. BOX 4 J 3044
NAPLES, FLORIDA 34101-3044
!7B
January 27,2010
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
FloTV
5775 Morehouse Drive
San Diego, CA 92121
Re: CU-2008-AR-14085, FLO TV Inc.
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, February 23, 2010, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, February 7, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
P~t4 ~~-
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.coIIierclerk.com
Fax (239) 252-2755
Email: colIierclerk@coIIierclerk.com
Teresa L. Polaski
To:
Subject:
Attachments:
Naples Daily News Legals
GU-2008-AR-14085
GU-2008-AR-14085.doc; GU-2008-AR-14085.doc
70
Legals,
Please advertise the following on Sunday, February 7, 2010. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Comm,ssioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po taski@colliereterk.eom)
1
78
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan. Emely [EPagan@Naplesnews.com]
Thursday, January 28.20108:38 AM
Teresa L. Polaski
RE: CU-2008-AR-14085
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk.com]
Posted At: Wednesday, January 27, 2010 3:19 PM
Posted To: Legals - NDN
Conversation: CU-2008-AR-1408S
Subject: CU-2008-AR-1408S
Legals,
Please advertise the following on Sunday, February 7, 2010. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
IT eresa.Po laski@colliercler k. com)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk(cj)collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the ColllerClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Teresa L. Polaski
i
78
i
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday. January 28.20102:13 PM
Teresa L. Polaski
Ad Confirmation
UAS9F9.jpg
ATTACHED Please review your notice & confirm via email.
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
239-213-6061
placing your ad.
FEB. 7, 2010
NDN
1837374
$238.74
1
NOTICE or PUBLIC HEARING
TO CONSIDER RESOLUTION
Notr(;? ij hl?reby glVe"l that thE!' Board
oi County COlllfTli<;;iofJers, as the-
BO.1f(J {}j' Zoning AppealSo, oj COllier
County will hold ;~ public hedlir~g on
fLH!sday, Ft!b'uary 23, 201Q, in the
Boardroom, 3rd Floor, Adinirti'ittati(Jrl
Buiiding, Colli."J County Gov~rnmi'nt
(entl:"r, 330 1 Eii~t Tamiam! Trail,
Napl~~;, Florid". The rne~ting will be.
gin at g~OO -<'-.M. Thlf title of the pro.
pO'*ii re~nllrllon i~ ill follow';.:
78
A RESOl~JTION OF THE BOARO OF
ZONING APPEALS or (OLlIER COUN-
TY, FlORIDA, PROVIDING FOR THE ES.
TABLiSI-1MENT OF A CONDITIONAl.
USE TO All.OW TWO COMMUNICA
nON TOWERS WITHtN THE ESTATES
ZONiNG DISTRICT PURSUANT TO.SEC.
TION 5,05.09 OF THE COLLIER COUNTY
lAND DEvelOPMENT CODE rD~
PROPERTY I.OeATED iN SECTION 8,
TOWNSHIP 50 'iOIJTH, RANGE .26
EAST, COl.llER COLJI\!Tf, FlORIDA
ThF.' Board will (()Ilsider Petition: CU.
200B-AR.140B5, F:..O TV, Inc repre-
S~rlt~d by KilTlb~rly J M<'!di';>ClI1, Esq,.
d Rude-n, IVlcClo!oKy. Srl1irh, Schustoii!r
~f1d Ru:;~€-Il, P.A. ii, l@q\J~s'tjl'\.~ B Con.
diti0nal UStl for? communicatIOn tow-
er ,1F1uthe ins.t~ilallon of relllted shel-
le! ,'md ~qtJ;pmect ill the E:>t3te<; (E}
ZOJlIrllJ Di~trict. as -;per.ified In Section
SQS.09 of thE' C\)lli,~r County land Oe~
veJoprnerlt Code (LDO. Th{" i,!>proxi
rnately 4. n-aHe ;;ubjcct property b 10'
ute-d 31 5860 Crew~ RfJad, lr1 SE'dion
R, Towmhip 50 S(')lJth, Rilnge 26 E,r;t.
In Collier County, Florida. (Companion
item to VA-Pl200.903J)
NOTE: Alt P('r~ons wj~h'IlY to speak (In
(lny agenda item 'nust regis.ter with
th~ CelLiniy Admini_~tratr.H prior to pre
,cnt,niorl (,I the ,)m:l,dtlit~l1'\ to bi?
addfessed. Indi\l~cJlJal st:l€oken wilt be
liJtJit~d tr.1 5 rninut('$ Oil ilny item. The
selecw'>fl of an il1divldU(ll to speak on
behalf o'f ,1r'l Clrg~lnLZ<Hio;;;n or group b
encolHaged If' re{og,~,ized by the
Ch<'lir. '-'l sptlke>per;;on far i'l gtoup VI
or9iJnllillkHl may be <-lilot1eo 10 min-
utes to speak Qniln item.
Per~OflS whiling to have Writt-.:n Of
gr<1phit m~teriah inclur;Jed in the
Board ,"genda pchkeh must subm,t
sfJid mi:1teri,lt fj rTIll'lirnum 01':3 week:;
prior to the '-espectivi;' public hearing
In ilny rase, Wdttl~f1 rflilteriaJs'in'lended
to be com~dere\i bv the Board ~hi:ill be
submitted to the appwp,iatc County
,"taft d mirJimwn Qi seven days prior to
lhe pubiic hearif"lg. All material u:;:ed
In pre:;~IH<1tiom be-fu(f:' thf; Board will
bec<)me il pen'11an~nt part of thE';> re-
cord.
;\'ny rl!3rSOrl Who de<!<Jf:s to appeal (1
decision of the Board will h~ed il reo
cord lit the pro<eedihgs perti)ifling
there-wand therefore. may need to
€l'Isure that a verbatbll record of the
pro(eedings i~ made, which record in
(lude5 the te;:;timony and evlder)(!:';
Llpon whkh tr.e ilppt':i'll is b.;is~~J.
I~ YO'.i ar~; J pel'f;o" with ~ di$31:!1l1>:y
who Ileeds any -ac(ommocJation in or.
del' 'to partkipate ill this pro<:eeding,
you are entJtled, al no cost to you, to
the provision of certaIn iH.sistance.
Ple3Je- ::.ont,,(t the Collier County Fa.
(,lIitiei Managel"llent Departrne~t. 10'
cati!d at 3301 Tam'flmi Trail [oil:;t,
Bulldinfj W, Naptes, florid.'! 34112.
(239}252.S38Q. As~isted Il!itenin,g de.
ViC:r~S for the hearing Impaired are
avall.,ble In thE' COU1ty Comrnis$iO....
Er,,' Offke.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLliER c:OlJNTY. FLORIDA
FRED WYlE. CHAIRMAN
DWIGHT E. BROCK. c:LERK
By: Teresa Pulaski, :If>pllty Clerk
(SEAU
Febru.)ry 7. 2010 No-1S37374
78 /
NAPLES/BONITA DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis. who on oath says that he
serves as the Editor of the Naples Daily, a daily newspaper
published at Naples. in Collier County, Florida; distributed
in Collier and Lee counties of Florida: that the attached copy
of the advenising, being a
was published in said newspaper
on February 7. 20 I 0
time in the issue
Tht BOard will mnslQr PetItlOf\: CU-
2001-,1\&.14085, F1.O. ',TV. Inc., repre-
seqted by KlmberiY,J,~,MadIson. Iitq.,
of ft...." _,!lm". S<h....'
and.....'I. fI'.A., It~ng 8 Con-
d1tlOn11 Use tor a ~unkllfion toW-
er -and ~ ,1nsU1tdon of relftedshel-
tel and 'fCjuipment In the Estates (E)
~_._In._
S; .Of Of thi-COl:llef~ LencU)e-
Code <<.Q().n;. "0Il.1-
m_ "T1~ olbjMt._ I. lo-
cated lit ,CttM~'InSectlon
~ ~-~~~::,;
1ttm';'V~17)
NOiE: All ~ IIVistlingto speak on
.ny II(I"'_,-~,~with
~of~-=_~~
_.~""""",,W11I'"
5r.i?_~~
O\Jlr;.-., tiW'~ff",,(rn If,ir. _,gtoup or
,O!'t~.fM'I be~~10'min-
~ .__$1 an,lttm.
~ ,wlIhinG" to, htye written or
1~=';m8Jir18IF.',:~iJded In the
lMfld' ' ,~. mustsullm1t
saler M '. ~ of fweeks
rn~~'.~mIte~\:=I~~d
to '" _o;tdj;; tli. .........1 '"
.-.....to tI\!.~ County
~~~=~~
~.~,. ,*~'~~}If~,re-
Any person WM. ~. to ~1 a
Qdsjan of the ,~;.- ,...,re-
cofd01_tMj)l.a:..""os ~g
=:t .ua::xm~1~
=d~~I';).m:;.~~
upon whiCh 1he' "IS bllJed.
if vc;au an. . Peaon with a,dlsablllty
wtl$' ...... n J<<OmfAtldlt;ion In or.
.....~"'1lJI\~ln~
It: ~ .r;.::~::.
=-~~S.t1rlE!t
_ .w.~'_ 34112,
(2~2$N38b." AIslste\1- 'liltenlng' de-
vICes 101' the hnrmo impaireO. are
available in the County Commlssion-
eri' 0ffke. .
BOARD OfCOUN1Y~RS
~A
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~'''1'\17]n'n, ,,' ""'1'1;7"74
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
Affiant further says that the said Naples Daily News is a newspaper
published at Naples. in said Collier County. Florida. and that the said
newspaper has heretofore been continuously published in said Collier
CmUlty, Florida; distributed in Collier and Lee counties of Florida.
each day and has been entered as second class mail matter at the po!>t
office in Naples, in said Collier County. florida. for a period of I
year next preceding the first publication of the attached copy of
advenisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount. rebate,
commission or refund for the purpose of securing this advenisement for
publication in the said newspaper,
W fi LAA'
( Signature of affiant)
S worn to and subscribed before me
This 10th day of February, 2010
- - - - - - - - -
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
The completed routing slip and original
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oflice
documents are to be forwarded to the Board Office only lifter the Board has taken action on the item.)
ROUTING SLIP
I
lO'
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
I
exceDtion of the Chairman's signature, draw a line throu2h routing lines # 1 thrnul!h #4, complete the checklist, and forward to Sue Filson (line #5l.
Route to Addressee(s) Office Initials Date
(List in routing order)
I. Judy Puig Community Development and ( ~ J-I d-311D
Environmental Services
2.
3.
4.
5. E1_~ F:Jo~u, Executive Manager Board of County Commissioners 0-- '2-/2'1-1'0
I~N I'tkfc.I-IEL~
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the originaJ document pending HCe approval Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman. s signature are to be delivered to the Bee ofllce only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Nancy Gundlach
February 23, 20 I 0
Agenda Item Number
Resolution
.;1.0(0 -'{S
Number of Original
Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicahle column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chaionan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed hy all parties except the BCC
Chairman and Clerk to the Board and ossibl. State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chaionan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicatmg where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC ot1iee within 24 hours of Bce approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines'
The document was approved by the Bee on Feb. 23. 2010 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed th.e changes, if a licahle.
2.
3.
4.
5.
6.
I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.2
239-252-2484
7.13.
Yes
(Initial)
N/A(Not
A licable)
V\~
Nln-
MEMORANDUM
Date: February 24, 2010
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2010-48: CU-2008-AR-14085
Enclosed please find one copy of the document referenced above,
Agenda Item #7B, adopted by the Board of County Commissioners
on Tuesday, February 23, 2010.
The original document will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
?a
?B
'1
RESOLUTION NO. 10- 411
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, DENYING THE ESTABLISHMENT
OF A CONDITIONAL USE TO ALLOW TWO COMMUNICATIONS
TOWERS WITHIN THE ESTATES ZONING DISTRICT PURSUANT
TO SECTION 5.05.09 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 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 Land Development Code
(Ordinance No. 2004-41, as amended) 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
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby afTected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
of two communications towers within the Estates Zoning District pursuant to Section 5.05.09 of
the Collier County Land Development Code on the property hereinafter described, and
WHEREAS, all interested parties have becn 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:
Petition Number CU-2008-AR-14085 filed by Kimberly J. Madison, Esquire of
Ruden, McClosky, Smith, Schuster and Russel!, P.A., representing FLO TV Incorporated, with
Mediaflo USA, Inc. CU-2008-AR-14085
REV. 02/24/10
lof2
10
respect to the property hereinafter described in Exhibit "A", be and the same is hereby denied for
a Conditional Use for two communications towers within the Estates Zoning District pursuant to
Section 5.05.09 of the Collier County Land Development Code for the reasons as set forth in the
record of the proceedings.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion for approval of the Conditional Use failed to
achieve the necessary four of five necessary votes for passage of the Conditional Use, this ~aJ
day of FJxuary
,2010.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:~WC~,
FRED W. COYLE, CIl' an
Approved as to form
and legal sufficiency:
lh.-- 7. uQQ. ~-
Steven T. Williams
Assistant County Attorney
Attachments: Exhibit "A" -Legal Description
CPIOH.CPS.00918146
Item #
Mediatlo USA, Inc. CU-2008-AR-I4085
REV,02/24/l0
20f2
78
Exhibit A
LEGAL DESCRIP1'10N
Property located in Col1ier, FL
TIle West one-half (W y,) of the Northwest one-quarter (NW \4) of the Southeast one-quarter
(SE \4) of Ule Southeast one-quarter (SE 10) of Section 8, Township 50 South, Range 26 East,
Collier County Florida, also known as 'Tract No. 20, Enchanted Acres, less the South 30 feet for
road right-of-way purposes.
AND BEING the affine property conveyed to Renda Broadcasting COIporation, a Pennsylvania
corporation from Sterling Communication Corporation, a Florida corporation by Wafl'!lnty Deed
dated January 13, 1999 and recorded January 20, 1999 in Deed Book 2503. Page 1624.'
Tax Parcel No. 00405160008
RM:63425J6:1