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Resolution 2001-080 17B RESOLUTION 01-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ESSENTIAL SERVICES CONDITIONAL USE IN THE "En ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.6.35.6.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 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. 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 WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted plarming 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 an essential services conditional use pursuant to Section 2.6.35.6.3. in an "En Estates Zone for a communications tower with a maximum height of 198 feet on the property hereinafter described, and has 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 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 Herb Ressing of VoiceStream Wireless Corporation, with respect to the property hereinafter described as: West Yz of Tract 54, Golden Gate Estates Unit 23, as recorded in Plat Book 7, Pages 9 and 10 of the Public Records of Collier County, Florida. be and the same is hereby approved for an essential services conditional use pursuant to Section 2.6.35.6.3. of the Land Development Code in an "En Estates Zoning District for a communications tower with a maximum height of 198 feet in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the fonowing conditions: -1- 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. This Resolution adopted after motion, second and majority vote. Done this I~'~- day of ~[P~_~i-lr ,2001. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Aft~p~rfved as to Form and Marj°r~ M. Student Assist~t County Attorney g:/admin/CU-2000-17/ RESO LUT1ON/DM/cw -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-17 17B The 1. following facts are found: Section 2.6.35.6.3. 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: A. Consistency with the Land Development Code and Growth Management 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 ingres~ & egress Yes ~/ No C. Affects neighboring properties in relation to noise, glare~ economic or odor effects: [/No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within/district Yes ~/No Based on the above findings, stipulations, approval this conditional use should, with (copy attached) (~) be recommended for EXHIBIT ~/ 17El ' FINDING OF FACT BY COLLIER cOUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-1~ The following facts are found: 1. Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. 2. 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: A. Consistency with the Land Development Code and Growth Management 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 w~ No C. Affects neighboring properties in relation to noise, ~ economic or odor effects: g No affect or Affect mitigated by Affect c~nnot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w~thin district Yes p/ No Based on the above findings, t~ditional use should, with stipulations,,} (copy attached~~e recommended for approval f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER cOUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-17 The following facts are found: 1. Section 2.6.35.6.~ of the Land Development Code authorized the-conditional use. 2. 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: ko Do Based on the above findings, stipulations, (copy attached) approval Consistency with the Land Development Code and Growth Management ~n: 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 relation to noise, glare, economic or odor effects: l/ No affect or Affect mitigated by Affect canno~ be mitigated Compatibility with adjacent properties and other property in the district: Compatible use ~ithin district Yes ~-~ No this conditional use should, with (should not) be recommended for MEMBER f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-1~ 1_7B The following facts are found: 1. Section 2.6.35.6.3 of the Land Development Code authorized th~ conditional use. 2. 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: A. Consistency with the Land Development Code and Growth Manageme.~t~=~lan: 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: ingre~.s--~.gress Adequate Ye~? No C. Affects neighboring properties in relation to noise, glar~--e~Qnomic or odor effects: ~'~ No a~fect or __ Affect.mitigated by ~' /Affect cannot be mitlgatea D. Compatibility with adjacent properties and other property in ~rict: CompatitFj~-~ewithin district 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-2000-17 1_7B The following facts are found: 1. Based on the stipulations, approval DATE:~ Section __ 2.6.35.6.3 of the Land Development Code authorized t~e 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: A. Consistency with the Land Development Code and Growth Management~: 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 Ye s ~ 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. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No __ above findings, this conditional use should, with (copy attached) (should not) be rec6mm~d~d for MEMBER: ~~,-- ~--~/ f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-17 17B The 1. following facts are found: Section 2.6.35.6.~ 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: A. Consistency with the Land Development Code and Growth Management Plan: Yes t/ 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 & egr~s Yes l/No __ C. Affects neighboring properties in relation to noise, glare, ~conomic or odor effects: |/~o affect or Affect mitigated by ~" Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~'~o Based on the above findings, ~d. itional use should, with stipulations, (copy attached)~_~ou~ ~ be recommended for approval ~ /~ f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-17 17B The following 1. o facts are found: Section 2.6.35.6.3 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: A. 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 & e~gress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect canno~ be mitigated Based on the stipulations, approval DATE: ~t I, 0/ Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No above findings, this conditional us~with (copy attached) ~%~1~t) be reco~"~-d[ed for f/FINDING OF FACT MEMBER/ EXHIBIT "B" CONDITIONS OF APPROVAL CU-2000-17 17B This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in its public hearing on February 1, 2001. _Plannin S~ices: a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this 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 Development Code, Ordinance (91-102), as amended. EXHIBIT "C"