Resolution 2001-413
17E
RESOLUTION NO. 01- 41::l
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CONDITIONAL USE FOR A COMMUNICATIONS
TOWER IN THE "CONI ACSC/ST" ZONING DISTRICT
PURSUANT TO SECTION 2.6.35.7 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION I, TOWNSHIP 50 SOUTH, RANGE 32
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 an essential services conditional
use pursuant to Section 2.6.35.7. in a "CON/ACSC/ST", Conservation Zoning District with Area of
Critical State Concern and Special Treatment Overlay for a communications tower with a maximum
height of 280 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 Lodestar Tower, Inc., with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference hereir1,
be and the same is hereby approved for an essential services conditional use pursuant to Section
2.6.35.7. in a "CON/ACSC/ST", Conservation Zoning District with Area of Critical State Concern and
Special Treatment Overlay for a communications tower with a maximum height of 280 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.
Donethis ~,~-~----~ dayof ff~_.~~/Q- ,2001.
:" . ; ' , ':..~* - 't F
Approved,~ '.(~,~om and
Legal Sufficiency:
Ma~fi~ M. Student,
Assistant County Attoney
CU-2001 -AR- 1 103/CB/lo
BOARD OF ZONING APPEALS
COLLIER COUNTer!
:jAMES~.~C~TER, Ph.D., CHAIRMAN
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17£
CU-2001-AR-1103
The followin9 facts are found:
1. Section 2.6.35.6.3. of the Land Development Code
authorized the conditional use.
Grantin9 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
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 u~' No
Affects nei~hborin~ properties in relation to noise,
~lare, economic or odor effects:
~ affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes t.--~No
(should not) be recomr~
CHAIRMAN :, ~,.~. ~...,,, ---
EXHIBIT "A"
Based on the above findings, this conditional use ~
stipulations, (copy attached)
approval
m~ed with
for
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1103
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 Lga/d Development Code and Growth
Management Plan: J
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
Affec/neighboring prqpe~.ties in relation to noise,
gl.aF~, economic or od~i~ffects:
~/ No affect or ~____ Affect mitigated by
Affect ca~t 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) (should not) be recommended for
approval ~~
DATE:
EXHIBIT "A"
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-20.01-AR-1103
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 ~:
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
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 distr~ct:
Compatible use/Within district
Yes ~ No
Based on the above findings, this conditional use should, with
stipulations, ( s be recommended for
approval
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1103
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 ~/.~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
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 %/ No
Based on the above findings, this conditional use~shoul~ with
stipulations, (copy attached) (should not) be reco~e-nded for
approval ~~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17E
CU-2001-AR-1103
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:
ae
Consistency with the Land Development Code and
Growth Management Plan:
Yes k 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
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
K 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, thj~g~_qditional use should, with
stipulations, (copy attached) ~hould_~not) be recommended for
approval ~~~~
Z7£
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1103
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 ~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 ress
Yes No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
v No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use/~ithin district
Yes ~ No
Based on the above findings, this conditional use should, with
stipulations, ~gp~0~ attached) (should not) be recommended for
approval/~/6~ ~~~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1103
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~'~No
Yes
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 & eg,~ess
Yes ~w' 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 ~ No
Based on the above findings, th~-c~D~ditional use should, with
stipulations, (copy attached)/(shouldhn~ be recommended for
approvalO/c//~
DATE: /// ~ MEMBER:
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17£
CU-2001-AR-1103
The following facts are found:
1. Section
authorized
2.6.35.6.3. of the Land Development Code
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
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 V No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~J 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
Ye s '~ NO
Based on the above findings, this conditional u~e should,~ with
stipulations, (copy attached) (should not) be rec~mmend~,d for
approval
i7£
Collier County
For Lodestar Site 11007
1-75 MM 63.3
Rest Area Replacement Tower
LEGAL DESCRIFrION
SURVEYOR'S REPORT
REVISED 8PEC:N:IC PURPLE SURVEY
FOR
LODESTAR TOWERS, IN~
TOWER 81TE AT INTERBTATB 1-78 BIM e~
ITOWER NO. 110071
COLIJBR COUNTY, FLORI)A
AJ; that lot, pie_ce ~ po~c~ of Iofld s;tuate, I)~ng and being M S~tion 1. Town~ip
o N~th~g of .6~1.1~9 feet ~d ~ [o.t;ng of 6~82J.~7~2 f~t (~e
ond foflowlng c~note ~u~ ~9 hosed ~ the N~ Am~;¢~ ~t~
5~19~0 od~tm~,.f~ the Store ~e ~nate S~t~ of ~e ~o
e.~; ~he~ce S54'42 5t W ~g the ~heo~t~y B~ Une oF ~e
;~t: ;hence N24~'0g"W M~g the ~bthw~t~ly B~y L~ o~ the
P~ty for 1~.~ feet to the most Weat~y Com~ of the ~b~[ ~[y, ho~
~,;t~.C~db~ o.~hh9 of 666~6,4376 f~t and on East;ag of 5~6~54 g
~eet: ~n~ce N6~:25 [ ~g the N~th~stedy 8oundor 'Line of the ~b' et
~0p~y T~ 1~.~ T~t to the ~ont H~t~ C~nr of ~- e..~ .......
~ t~ ~or~ot~ a N~th~g of 555~95.4722 feet and ~ [ast~ of 6~7~.7432
f~t: ~ence S2~4'S&'E ol~9 [~e ~t~st~ly B~n~y L~e of the
Pr~ly f~ 70.~ f~[ tO ~e P~NT ~ K~N~G.
~ PQrC~ C~tO~S 10,~ Gore f~t. m~e ~ le~ by
S~~ Co~~om
218 US ~y 1 S~ 300
T~u~ FL 33469
(561) 748-93~ E~. 29
EXHIBIT "B"
CU-200'I-AR-I]'03
CONDITIONS OF APPROVAL
CU-2001 -AR-I 103
1 ?£
This approval is conditioned upon the following stipulations:
The Current Planning Manager may approve minor changes in the
location, siting, or height of buildings, structures, and improvements
authorized by the 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).
An Special Treatment (ST) Permit shall be approved prior to the final SDP
approval.
EXHIBIT "D"