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Resolution 2001-261 17E ~"li RESOLUTION 01- 261 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A COMMUNICATIONS TOWER IN THE "C-I" ZONING DISTRICT PURSUANT TO SECTION 2.6.35.6.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 49 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. 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 a conditional use in a "C-l" Zone for a communications tower 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 Voice stream Wireless, Inc. representing Golden Gate Fire and Rescue District 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 a conditional use in the "C-I" Zoning District for a communications tower in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "0" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. -1- This Resolution adopted after motion, second and majority vote. Done this ~. ~.2~1~ day of ~ ,2001. Attest ~,s to Chairman's signature ~l~y, ATTEST: DWIGHT E. BROCK, Clerk Approved as to Forth and Legal Sufficiency: 'l~larj"~t][l~I. St~del~t- - Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLO~DA BY: ~ JAMES~D. CARTER, Ph.D., CHAIRMAN g:/admin/CU-2001 -AR-478 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 17E 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: ×J Yes V/ 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 L/ No C o Affects neighboring properties in relation to noise, glar~ economic or odor effects: b/ 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 b/XNo Based on the above findings, this conditional use should, with stipulations, (copy attached) ~t) for approval DAT : be re/commended EXHIBIT '~i,/~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 The following facts are found: 1. 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 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 & egress Yes ~' No Affects neighboring properties in relation to noise, gla~e, 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 with re for stipulations, (copy attached) (should not) be approval f/FINDING OF FACT MEMBER/ 1..7E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 The following facts are found: 1. 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: ao 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 ~ No Co 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 Z- No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval (~ be recommended for ~-~ ............. ~ '~ .. '! -' 'x MEMBER: /,. ~: .' !~,...j f/FINDING OF FACT MEMBER/ 17E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 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 Plan: Yes / No m 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 c~nnot 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 use shout, with stipulations, (g~py attached) (~.~~) be recom_m~d~d for approval DATE: /~ / f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 i7E 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: ao C o 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 & egress Yes X No 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 use s~ould~with stipulationsJ, (copy attached) (should no~) be rec~mmer~I'~d for approval DATE: ~--17-~01 MEMBER: ~ f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 The following facts are found: 1. 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 P~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 & e~ress 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 w~hin district Yes %// No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval DATE: (should not) be recommended for f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 17E The following facts are found: 1. 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 ~an: 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 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 Compatibility with adjacent properties and other property in the district: Compatible use/within district Yes V No Based on the above findings, ~r~-~m~ditional use should, stipulations, (copy attached((should~not) be recommended approval · ~ ~ . ~ ........ '( .......... DAT .: ISt with for f/FINDING OF FACT MEMBER/ A Poz~lon o£ BlOC~ 115 ~olden Gate, Untc¢ a¢coL'dtng ~o ~e Pla~ ~ ~o~d~ ~ P~a~ ~k S aC Pa~ ~07 ~ouqh 116 O~~: Co~cl aC ~e ~lFse~on o~ ~0 cente=~ne M. 38° S4e 39° w. a~ong ~e c~Cec~ne o~ CoFonado Par~'~a~ a d~a~ o~ 6S.00 reeC ~o a ~n~ on ~e So~vesCt=~ ~ M. SX* 05" 21" ~. ~long ~e ~Ad e~ension ot CAe M~~ly RA~hc~-vay l~nn a dla~ce o~ 78.00 ~eeC ~ ~ ~ ~o~l~e=ly ~gh~-o~-vay l~i o~ Co=onado ~arkvay; ~ ~s~y a~ong ~0 ~o~eai~tr~. RA~hC-Q~-vay lane MAd ~o P~ay a~ along ~e arc o~ a ci=~lar ~e concave ~~~ly ~v~g a ~adius o~ e~e.x? ~.,c a~ a central afl~le or 8* 000 00g ZoF a diJ~flce ot 12S.41 ~el~ ~o a ~in~ of ru'.'erse ~ ota C~I~ ~e ~v~ a radi~ ot 25.00 teeC ~le 90e 00' 00m to~ a dioC~ct o~ 39,27 taec EXHIBIT "B" CU 2001-AR-478 EXHIBIT 1~5' T0 Ctt~mJ~ ~r (NI ~ (N') POLE FOUNDATION DESIGNED BY OTHERS ~,L0. 17E CU.2005-AR47g C_,~ld~ G~te Fig ~- g~gu¢ project # 2001030024 DATE: 3/12/0t /iRELESS 600 ANSIN BOULEVARD HALLANDALE, FL 33009 OFFICE: (954) 457-5700 FAX: (954) 4,57- 5705 APPROVALS VOICESTREAM LANDLORD LEASING R.F. ZONING CONSTRUCTION BSIE PROJECT NO' 40700-9-2165 DRAWN BY: p. MB./N.A.B. I CHECKED BY: M.H-S-i PROFESSIONAL ENGINEER ~E: MARTIN H. SAHN FEB 2 3 DATE: STATE: FLORIDA 22787 02/28/01 LAWGIBBL GROUP~ F AUTHORIZATION #: ' 7'428 CORONADO FIRE STATION NC1019A 4741 GOLDEN GATE PARWAY NAPLES, FLORIDA 34116 SHEET TIT1.E ZONING EXHIBIT CONDITIONS OF APPROVAL CU-2001-AR-478 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in its public hearing on May 17, 2001. Planning 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"