Resolution 1995-304
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RESOLUTION 95-304
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A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A BOOSTER PUMP STATION TELEMETRY TOWER
CONDITIONAL USE IN THE "E" ZONING DISTRICT
PURSUANT TO SECTION 2.6.35.6.3 (ESSENTIAL
SERVICES - SPECIFIED CONDITIONAL USES) OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 9, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
,
ii.
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
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WHEREAS, the County pursuant thereto has adopted a u.nd
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 per
Section 2.6.35.6.3 (Essential Services - Specified Conditional Uses)in
an "E" zone for a booster pump station telemetry tower on the property
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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 ot
Collier County, Florida that:
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The petition filed by Michael Kellogg, of Montes and Associate.,
Inc., representing Collier County Water-Sewer District, with respect to
the property hereinafter described as:
Exhibit "B"
be and the same is hereby approved for a Conditional Use per Section
2.6.35.6.3 (Essential Services - specified Conditional Uses), ot the
"E" zoning district for a booster pump station telemetry tower in
accordance with the Conceptual Master Plan (Exhibit "C") and subject to
the tollowing conditions:
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.
commissioner
Hancock
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Norris and upon roll call, the vote was:
AYES: Commissioner Hancock, Commissioner Norris, Commissioner Constantine
Commissioner Mac'Kte and Commissioner Matthews
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
25th
, 1995.
Apr 11
day of
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA~
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YE . TTHEWS, CHA
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HARJO E M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-94-21 RESOLUTION/lgk/13224
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FINOING OF FACT
BY
COLLIER CO~'Y PLANNING COMMISSION
FOR
A CONOITIONAL USE PETITION
FOR
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CU-94-21
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The following facts are found:
1. Section 2.6.35.6.3 of the Land Devlopment
Code authorized the conditional use.
2. Granting the condi ticmal use will not adversely affect
the public interest nnd will not adversely affect other
property or u... in t:he same district or neighborhood
becau.e of:
A. Consistency with the Land Development Code and
Growth Management Plan:
, YeB 1/' No
S. Ingress and egr~8s to property and proposed
.tructures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in ca.e of
fire or cata.trophe:
Adequate ingre.~ , egres.
Ye. v No
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C. Affects neighboring properties in relation to
noi.., glare, economic or odor effects:
~ No nffect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the di.trict:
Compatible u.e within di.trict
Ye. ,,/ No
Ba.ed on the above finding., this conditional u.~ou~
with .tipulations, (copy attached) (.hould not) b
recommended for approval .
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DATE: ~ "/9'~
CHAIRMAN: /~~o(~
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FINDING OF FACT CHAIRHAH/md/2/8/89
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EXHIBIT "A"
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P.A. IRMINGER, SR.
Land Surveyor,
P.O. Box 9977
Naples, FJ. JJ941
Td. (813) 455-3615
;AL DESCRIPTION
'pared for Consoer, Townsend , Associates, Inc.; and the Collier
~nty Sewer-Water District.'
parcel of land being a part of Tra,ct 1. Golden Gate Estates Unit
'. 12, accgrding to a plat thereof recorded in.Plat nook 4 at pages
5 and 106 of the PUblic Records 'of Collier County, Florida. and
cing more particularly described as follows:
mmencing at the intersection of the centerline of 7th. Street S.W.
,th the North line of Tract 5 of said recorded plat, run S. O. 19'
J. W., along said centerline of 7th. Street S.W., for 1316.96 feet
,320 feet per said recorded plat); thence continue S. O. 19' 10" W.
or 330.00 feet to the POINT OF BEGINNING;
thence N. 89. 40' 50" W. for 340.00 feet;
thence S. O. 19' 10. W. for 280.02 feet to the South line
of said Trac~ 1~
thence S. 86. 50' 24" E., along said South line of Tract 1,
for 340.42 feet to the said centerline of 7th. Street S.W.;
thence N. 0.19' 10. E. for 296.89 feet to the Point of B~ginning.
JUGJECT however., to 7th. Str.oet S.W. right-of-way along the East
30 feet thereof; 'a drainage easement along the South l40 feet thereof:
'~~ a utility easement along the North lO feet of the South 140 feet
.ilereof. Also subject to rllstrictions of record. '
,uid lands contain 2.25 acres, more or less, gross or 1.05 acres,
ore or less, net.
,earings used herein refer to the said centerline of 7th. Street S.W.
3 being S. O. 19'1O. W., per the recorded plat,of Golden Gate
_states Unit No. 12.
Des~ription prepared by:
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Florida Cert. No. LS 0001350
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Date: April 23, 1990
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APR 2 5 1995
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HOLE, MONTES & ASSOCIATES, ItC.
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RAW WAm
COIIlITIOIW. USE PEIIIT
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B
Af;REEMENT
I, July C. Adarmes, as authorized agent
CU-94-21, agree to the following stipulations
the Collier County Planning Commission in
hearinq on April 6, 1995.
for Petition
requested by
their public
PLANNING:
a. 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 us.
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 No. 91-l02).
b. There shall be no lighting, beacons or strobes
attached to the telemetry tower.
c. Dish type antenna's are prohibited from being
attached to the telemetry tower.
d. The telemetry tower shall be painted silver or
light grey, or ordered from the manufacturer that
way.
Exhibit "D"
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APR 2 5 1995
PI. ,':32
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STATE OF FLORIDA
COUNTY OF COLLIER
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, PETITIONER OR AGENT
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~:.~ fOreqOinq~e~nt Sheet was acknowledged betore me this
(ol:K - day ot L~ , 1995 by , who
-.rs-personally own to me f'r '-'.ho Ras P~QA"99d.
as identitication.
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STATE OF FLORIDA
COUNTY OF COLLIER
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(S gnature of Notary Public)
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NOTARY PUBLIC
Commission I C C [) P, '1 63c;
My Commission Expire.:"
~arARY PU!lIC STATE OF FLORIDA
MY COI-:>ilSSlDN UP, APll.27.1995
1lD;;o[D THRU GEHERAL INS. UNO,
REPRESENTATIVE FOR CCPC
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Theforeqoinq Agreement Sheet was acknowledged betore me this
day ot , 1995 by , who
is personally known to me or who has produced
as identification.
13226/LK
(Signature of Notary Public)
NOTARY PUBLIC
Commission I
My Commission Expires:
AGENPo\J1..E~... \
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APR 2 5 1995
PI. 3~
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