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Resolution 1999-468RESOLUTION 99-4 6 8 17K A P. ESOLUTION PROVIDING FOR TIlE ES'YABLISIhMENT OF CONDITIONAL USE 23 IN TIlE A-ACSCIST ZONING DISTRICT PURSUANT TO SECTION 2,2.2.3, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 2, TOWNSHIP 53 SOUTtt, RANGE 29 EAST. COLLIER COUNTY, FLORIDA, WHEREAS, the Legislature of the State of Florida in Chapter 67-I 246, 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 WIIEREAS. 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 WItEREAS. 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 Conditional Use 23 of Section 2.2.2.3. in an A-ACSC/ST Zone for airboat tours and related facilities and communication tower on the property hereinafter described, and bas 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 panics have been given opportunity to be beard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, TtlEREFORE BE IT RESOLVED, BY TIlE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Jason Laskcy of MasTec Wireless Services representing Sprint Spectrum L.P. 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 Conditional Use 23 of' Section 2.2.2.3. of the A-ACSC/ST Zoning District for an airboat tour facility and related facilities and communication to,vet and associated exhibits in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 17K 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 /'5/.,'e~ day of~.~.,ct.a~./~a~, 1999. signsLure only. ATTEST: DWIGHT E. BROCK, Clerk Apbroved as to Form and Legal SulT~ciency: Assistant Courtly Attorney BOARD OF ZONING APPEALS COLLI ~F~..,COUNTY, FLORIDA / E,/~J min/ R F..'M)I 1 rl I¢)N~('! l-rY)- I I ;I)M qm 17K FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-11 The following facts are found: Section 2.6.35.6.2.4. 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 propert}' or uses in the same district or neighborhood because of: ao B° Consistency with the Land Development Code and Growth Management Pl.a~~ Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acces~ in case of fire or catastrophe: Adequate~d~ess & egress Affects neighboring properties in relation to noise, gl/r~-~, ec~omic or odor effects: ~ No a~Yfect or __ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us.~n~ district e~~j__No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ~~__ /3 ~ . f/FII:DII;G OF FACT CI{AIP3~.;J;/ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99~11 17K The following facts are found: Section 2.6.35.6.2.4. of the Land Deveiomment 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 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 If No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: , No affect or Affect mitigated by Affect cannot be mitigated D0 Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ .... No Based on the above findings, this conditional use~shgu_ld,_.with stipulations, (copy attached) (should noI) be recommended for approval : f/FI~DI;;G OF FACT ?.EMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-11 17K The following facts are found: Section 2.6.35.6.2.4. 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: Bo Consistency with the Land Development Code and Grcwth 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 Co Affects neighboring properties in relation to noise, glare, economic or odor effects: . %z/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 J No Based on the above findings, this conditional use sh~oul~, with stipulations, (copy attached) (should not) be recommended for approval f/FI~,~DI:;G OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PL~I~nNiNG COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-11 The following facts are found: Section 2.6.35.6.2.4. 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 P~n: 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 & e~ress Yes ~ No Affects neighboring properties in relation to noise, glar~e~'economic or odor effects: ~/~;o affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use w~thin district Yes ~/~No 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-99-11 The following facts are found: Section 2.6.35.6.2.4. 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 L~nd Development Code and Growth Management Plj~: 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 & e~s Yes ~/ ,, No Co Affects,neighboring properties in relation to noise, giar3/-~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 w//~in district Yes ~/ No Based on the above findings, stipulations, (copy attached) approval (?.,~ DATE: ///~" / .~'~ ~/ this conditional use should, (~~--~-.~.b e rec?mmen.de~zf f/FI~UDING OF FACT MEMBEP/ FINDING OF FACT BY COLLIER COUNTY PLA~ING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-11 The following facts are found: Section 2.6.35.6.2.4. 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 proper~y 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 & egress Yes ~, No Affects neighboring properties in relat:on to noise, glare, economic or odor effects: %/ No affect or Affect mitigated Affect cannot be mitigated Do Compatibility with adjacent properties and ocher property in the district: Compatible use within district Yes %/.. No Based on the above findings, tb{s-Conditional use should, with stipulations, (copy attached) ~should.~not) be recommended for approval .... - f/FINDI:~G OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-11 I?K The following facts are found: Section 2.6.35.6.2.4. 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 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: . r 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 use should, 'with stipulations, (copy attached), (should)not) be recommended for approval , ; ,//< MEMBER: DATE: , ~ ,'~ >; , f/FIelDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-11 The following facts are found: Section 2.6.35.6.2.4. 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: So 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 C0 Affects neighboring properties in relation to ncise, glare, economic or odor effects: ~ No affect or Affect mitigated h~' 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, stipulations, (copy attached) approval thim-~co-b-hditional use should, with t/shoul~not) be recom.mended for , ! f/FI~q~ING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-11 17K The following facts are found: Section 2.6.35.6.2.4. 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 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 ./~x. No C0 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 us~ within district Yes / '~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval :ll::l: '"' ' ' '"i / ' ' f/FINDING OF FACT MEMBER/ OR: 2444 0050 Exhibit 'A' '.o Warranty Deed A l'l'i/~ O~ ~ 1OOFT IN Will.'/ LYING 50 ]rE~T 0:! F~ACIt SIDE OF SeCti~ 2~, T~ehip ~2 South, R~ge 29 Zest on ~e Sou~ l~e o~ S.~. Ylorl~ ~ar~nc of Tree,ration dated J~u~ 17. 1978. ~d said Strip ~ 3S of T~s~p 52 ~ouCh, R~ge 29 ~sC. ~d Sections 2 & 11 of T~P 5~ ~ouch. ~l 29 ZalC, 14,992 felt. ~re or 16el. =o =he South l~e of ~l ~1/4 o~ ~e ~1/4 of I~ld iecC~ou 11j ~SS ~ ~. ~rCiou'~ereof conveyed ~ CrycoT =o M~cC~ J. ~, Jr. ~d NOr~ 1~i Of SeCtion 2, To~e~p ~3 Sou~h. R~Ga 29 Easel t~c6 South 19 d~e.~ 5B' Wa~C &long said C~=or 1In. ~6S.8 feeCJ Chance norC~emtarly ~~gJ ~ce tr~ laid ~ocaCed ~c o~ b~ing South 19 degrees 58' Welt 1720 feet. ~r~ or lell, Co a ~C ~ ~l Nor~ ~d South half lecCiom l~e o~ Ja~d ~e=Ciom 2~ ~enCe South along ~ North ~d South ~lg section line of Sections 2 ~d 11. T~l~p 53 Sou~. R~ga 29 Lair. WewC right ot way l~e o6 CryCot, w~ch ~inC im 50 feeC WemC. meawured a= right ~le. fr~ said c~cer 11ue~ ~ce uorC~ardly along the l~e of said right of way, parallel =o ~d 50 feeC fr~ said c~=er line. 6.469 feeC ~re or 1eli, Co =he ~lnC of b~f~lngl LESS ~ ~CE~, ~rCion hereof con~ or ~cep=ed in d~ed fr~ Grantor =o Martin j. ~n, Jr. ~d ~ ~ ~of~n dated Horner 14. 1997. ~ ~!Cuice lu Collier Co~y, Florl~. Exhibit "B" ! lil!;ii Exhibit "C" K it1! It:i i~ i I ! I, 1 Exhibit "C" :i /( 17K Exhibit "C" Conditions for Approval of Conditional Use CU-99-! 1 (November 18, 1999) 'the Planning Services l)lrectar may approve riffnor changes in tile localran. siting, or height of buildings. structures. and i~nprovements authorized by this conditional use. F. xpansion ol'tlle uses identified and approved within this comlitional use application. or major changes to Ihc site plan submitted as part of this application. shall require tile submittal of a nov.' conditional use applicatmn. anti shall comply with all applicable County ordinances in effect at tile time of submittal. including l)ivision 3.3. Site Development Plan Review and approval, of the Collier County lamt Development Code (Ordinance 91-102). Tower lighting as required by either the Federal Communication Commission (F('C) or the Federal Aviation Administration {FAA) shall be affixed to the proposed tov,'er. A white strobe light for night time lighling and red flashing beacon for day time lighting is preferred, therefore. tile applicant shall request approval of dual mode lighting from the FAA/FCC. No outside storage of vehicles or equipment arc permitted except as needed on a lcmporary basis for temporary v,'ork or repairs. No habitable builtting shall be placed %%'ithin a Ibll zone/collapse area around the base of tile tower as certified by a profi.'ssional structural engineer licensed to practice in tile state ~ff Florida and as identified on tile site development plan. I'rior to a certificate of occupancy all exotic vegetation as defined by the ('ounty I.and !}e:,'clopmcnt ('ode shall be removed from the approved site de~ elopment plan ¢Sl)l') dcvelopn:ent footprint. AII developed areas shall be maintained free of exotics as required per .%elton .... 247.4. I S. ~ff the l.l)('. l'pon issuance. tile building permit is sub eCl t~, a timely-five {45) day appeal perm. I by the t-1orid;t Deparmlcnt of Community Affairs {D('A}. l'ursuant to Section 2.2.25.8. I of the I.I)C. if during the course of site clearing, c~,.cavation, or other constructran activity, an historic or archaeological arttibet is found, al developrecur within the minimum area necessary top protect tile discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. Approval of Illis conditional use shall not be misconstrued or interpreted in any way as to nullify any pre-existing stipulation as may still apply to CU-93-18 (Resolution 94-15q). Exhibit "D" .A.,,GREEMENT 17K I,Jason Laskey of MasTec Wireless Service rcprcsenting Sprint Spectrum, as authorized agent for Petition CU-99-1 I, agree to the £ollo,,ving stipulations requested by the Collier County Planning Commission in their public heating on November 18, 1999. PLANNING: STATE OF FLORIDA COUNTY OF COLLIER PETITIONER OR AGENT The foregoing Agreement Sheet was acknowledged before me this 1999 by as identification. day of , who is personally known to me or who has produced (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER REPRESENTATIVE FOR CCPC The foregoing Agrcement Sheet was acknowledged before me this ~ day of 1999 by .... who is personally known to me or xvho has produced as identification. (Signature of Notary Public) NOTARY PUBLIC Commission tt My Commission Expires: Exh ib i t "P"