Resolution 1993-219
MAY 25, 1993
RESOLUTION 93- 219
A RESOLUTION PROVIDING FOR THE REPLACEMENT OF AN
EXISTING COMMUNICATION TOWER AND ACCESSORY
STRUCTURES IN THE ESTATES ZONING DISTRICT
PURSUANT TO SECTION 2.6.35.5.1.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED
IN SECTION 8, TOWNSHIP 50 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 advisaQility
of Conditional Use pursuant to Section 2.6.35.5.1.3 in an Estates
zone for replacement of an existing communication tower and
accessory structures on the property hereinafter described, and has
found as a matter of fact (Exhibit "A") that satisfactory provision
and arrangement has 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:
aOOK 000 PAGl 90
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MAY 25, 1993
The petition filed by MCAnly, Asher and Associates, P.A.,
representing Sterling communications, Inc., 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 per Section
2.6.35.5.1.3 of the Estates zoning district for replacement of an
existing communication tower and accessory structures in accordance
with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
A. The applicant shall not utilize the proposed building for
normal radio station broadcast activities (i.e. office,
copy writing, commercial production and broadcasts). The
applicant shall provide architectural plans illustrating
the proposed floor plan and use of any building during
site development plan review.
B. 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 No. 91-102).
C. Artificial lighting required by either the Federal
Aviation Administration or Federal Communications
Commission shall be affixed to the tower. A red beacon
shall be used instead of a white strobe when technically
possible.
D. This project shall be required to meet all County
Ordinances in effect at the time final construction
documents are submitted for development approval.
E. Prior to final SDP approval, the applicant shall provide
legal documentation to Project Plan Review allowing the
use of Crews Road for access.
F. The septic tank for the subject site shall be designed
and constructed in full compliance with Chapters 10D-6
and 10D-9 of the Florida Administrative Code. The design
shall include a lateral extension to the property line
for future connection when central sewer facilities
become available.
G. At the time of building permit submission, the applicant
shall provide a letter verifying compliance with County
Ordinance No. 80-112 regarding the availability and
adequacy of sewer service for the project.
H. The applicant shall provide appropriate barriers around
the perimeter of the septic tank and drainfield to ensure
proper operation and maintenance.
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