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Resolution 2001-166 RESOLUTION NO. 01- 166 17F .~ ~.,i A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A COMMUNICATIONS TOWER IN THE "E" ZONING DISTRICT PURSUANT TO SECTION 2.6.35.6.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislat~e 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 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 an essential services conditional use pursuant to Section 2.6.35.6.3. in an "E" Estates Zoning District for a communications tower with a maximum height of 265 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 Gerald L. Knight, Esq. of Holland & Knight, LLP, representing Lodestar Tower,lnc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for an essential services conditional use pursuant to Section 2.6.35.6.3. in an "E" Estates Zoning District for a communications tower with a maximum height of 265 feet in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: -1- Exhibit "D" 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 :~ day of ~ ,2001. Attest as to Chairman's , $!~!ture. ~ 1~.. ATTEST:: ~;,: ".. DWlGHT'E;;'BROCK, Clerk Approved as to Form and Legal Sufficiency: Marj-~ri~M. Student, ' Assistant County Attoney g:/admin/CU-2000-19/RESOLUTION/CB/cw BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-19 The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o 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: Consistency with the Land Development Code and Growth Management~Lan: Yes No B o 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 &~gress Yes ~ No Co Affects neighboring properties in relation to noise, glarq, economic or odor effects: / No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No Based on the above findings, this conditional u~u~~-~ s~ipulaticns, (copy~..--,~ (~h~,,]~ ....... ncr} be recommended for approval ~PP~/~ ~~~~ . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-19 I?F The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o 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: ao Consistency with the Land Development Code and Growth Management P~N Yes o ° Co 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 & Yes F/ No Affects neighboring properties in relation to noise, glare,_.D.conomic or odor effects: ~-'~No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use~i-thin district Yes w' No Based on the above findings, stipulations, (copy attached) approval DATE: this conditional use shou/~d, with ~L~_~hcu!i not) be recomm~hd~d for / FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-19 17F The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o 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: Consistency with the Land Development Code and Growth Management Plan: Yes %/ No Bo 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 C o Affects neighboring properties in relation to noise, gla~e, 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 V' No Based on the above findings, this conditional us~should~with~-~- stipulations, (copy attached) (should not) be rec~mm~Trd-~d for approval FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-19 17F The 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: no Consistency with the Land Development Code and Growth Management P~.~: Yes L~ No o 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: ~-~No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/No Based on the above findings, th~itional use should, with stipulations, (copy attached)~not), be recommended for approval DATE: MEMBER: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-19 i?F The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o 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: Ac Consistency with the Land Development Code and Growth Management Plan: Yes No B o 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 Co 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 Based on the above findings, this conditional us~~ld~,~with stipulations, (copy attached) (should not) be reco~men~h~fe-d for approval FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-19 The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o 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: no Consistency with the Land Development Code and Growth Management Plan:~ Yes ~/ NO B o 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 & egj~ess Yes ~No Affects neighboring properties in relation to noise, glare/~conomic 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 v~l/ No Based on the above findings, this conditional stipulations, (copy attached) approval (should not) be recommend~-~o~ MEMBER: ~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-19 17F The 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: Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Bo 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 C o Affects neighboring properties in relation to noise, glare, economic or odor effects: P"~ 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, this conditional use should, with stipulations, (copy attached) ~ be recommended for approval ~/~' ,/-~,~;t/~ 17F ARTICLE II LEGAL DE8CRIPTIOI~ All that lot, piece or parcel of land situate, lying end being in Section 31, Township 49 South, Range 28 East, Collier County, Florida, the same being o portion of the oreo commonly known as Interstate Route 75 et Mile Mark 92.5 (Collier County) end being more particularly described by metes and bounds os follows, viz.: COMMENCE at the Southwest Corner of Section 31, Township 49 South, Range 28 East, Collier County, Florida, having for its coordinates a Northing of 661692.75 feet and an Easting of 474003.25 feet; [hence S89'45'28"E for 1196.52 to the South One-quarter corner of said Section 51; thence N89'42'O4"E for 2569.84 feet; thence NOO'17'56"W for 57.59 feet to the POINT OF- BEGINNING of the parcel of land hereinafter described, said Point of Beginning also being the most Southeasterly Corner of the Subject Property, having for its coordinates a Northing of 661758.69 feet and on Easting of 477769.06 feet (The Preceding and following coordinate values being based on the North American Datum (NAD) 1985/'1990 adjustment for the Staf. e Plane Coordinate System of the Florida East. Zone.); thence S89'57'40"W along the Southerly Boundary Line of the Subject Property for 45.00 feet to the most Southwesterly Corner of the Subject Property, having for its coordinates o Northing of 6617.58.66 feet and an Easting of 477724.06 feet; thence NOO'O2'20"W along the Westerly Boundary Line of the Subject Property for 80.00 feet to the most Northwesterly Corner of the Subject Property, having for its coordinates o Northing of 661838.66 feet end an Easting of 477724.01 feet; thence N89'57'40"E along the Northerly Bounclary Line of the Subject Pr:operty for 45.00 feet to the most Northeasterly' Corner of the Subject Property, having for its coordinates o Northing of 661858.69 feet end on Eosting of 477769.01 feet; thence S00'02'20~E along the Easterly Boundary Line of the Subject Property for 80.00 feet to the POINT OF BEGINNING. Said Parcel contains 5,600 square feet or 0.08 acres, more or less, by calculation. EXHIBIT "B" CU-2000-19 51.6' 91 .1' x x X~ X~ X~ 1 I I I I I L ..... L f I I _LLn o 2 17F 0 0 m -'1 Z C) m co EXHIBIT "C" CU-2000-19 CONDITIONS OF APPROVAL CU-2000-19 This approval is conditioned upon the following stipulations: Plannin,q Services: 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 "D"