Ordinance 92-013 ORDINANCE 92- 13 ~ ~
~AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF~ ~
/~%~Z--~ue/~COMMUNICATION TOWER CONDITIONAL USE IN THE "A" ~ ~
~ XZ~NING DISTRICT FOR PROPERTY LOCATED IN SECTION ~ ~
~~ ~TOWNSHIP 50 SOUTH, RANGE 30 EAST, COLLIER
C TY, FLORIDA; BY ESTABLISHIN T.E
~~ R~ATIONSHIPS BETWEEN ORDINANCES AND RESOLUTIONS
.--~_ ~ Gi~TING CONDITIONAL USES; AND BY PROVIDING AN
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 establishes
comprehensive zoning regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
Conditional Uses; and
WHERF.%S, the Collier County Planning Commission, being the
duly appointed and cons'tituted planning board for the area hereby
affected,, has held a public hearing after notice as tn said
regulations made and provided, and has considered the advisability
of Conditional Use per Subsection 2 of Section 2.6.9 (Essential
Services) on the property hereinafter described, and has forwarded
'its recomnendation, attached hereto as Exhibit "A" to ~he Board of
~oning Appeals; and
WHEREAS, all interested parties ha~e been given opportunity to
be'heard by this Board in a public meeting assembled and the Board
ha~ing considered all matters presented.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida that:
SECTION ONE: Grant of Conditional Use.
The petition filed by David S. Wilkison of Wilkison &
.Associates, Inc., representing Florida Cellular REA Limited
Partnership with respect to the property hereinafter described as:
1.66
I I
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for a communication tower
Conditional Use pursuant to Subsection 2 of Section 2.6.9
(Essential Services) of the "A" zoning district for a communication
tower in accordance with the Conceptual Master Plan (Exhibit "C")
and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by
reference herein.
SECTION TWO: Relationship Between ordinance and Resolution Granting Conditional Use.
In the event that it should be determined that the grant of
conditional uses should be by Resolution, then this ordinance shall
constitute a Resolution for such purposes.
SECTION THREE: Effective Date.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this ordinance has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED by the Board of Zoning Appeals of
Collier County, Florida, this 18th day of February , 1992.
BOARD OF ZONING APPEALS
COLLIER ~OUN~Y, FLORIDA
,- .." .?.~ ~,.:: . './,.'
:'- .", ":'~-'C.". (' 2/18/92
.? :' · ~" ,"," ~ : CHAIRMAN
~.TTEST: '. ....
~, ES' C.-GILES',,_~"CLERK '
,,,:. , ~, :
This ordinance flied with the
APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~e~f~tan/ of S]~te's Office
day of
fi~:l:l~, recelved thl~.~r-/-~- day
'--DENNIS P. ~CRONIN o/~~
ASSISTANT COUNTY ATTORNEY
CU-91-15 ORDINANCE
nb/6260 :
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
f A CONDITIONAL USE PETITION
~. FOR
The following facts are found:
Section a;~,~ ~$~,'~1 ~ae,c~=fl of the Land Devlopment
Code aut~°ri~ed the conditiofial use.
~.~i 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 w~th 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
C. Affects neighboring properties in relation to
se, 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:
Compatibl~use within district
Yes ~) No
Based on the above findings, this conditional use should, /
~i~h~tipulat~on~ attache~) (should not) be ~
C'~rec°mmended for~approval~ ~ · / /
DAT~:/~ C~A~:~'~.~~__.._-
C51 , [168 '"
FINDING OF FACT CHAIRMAN/md
· LEGAL DESCRIPTION
(PER O.R. BOOK 388. PACE 42,3. PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA)
Commencing at the Northeast Corner of the Southeast 1/4 of
the Southeast 1/4, of Section 7, Township 50 South, Range 30
'East; Thence travel West a distance of 125.03 feet: to
Establish Point of Beginning; Thence continue West o distance
of 500 feet: Thence South a dis[once of 168.67 feet: Thence
East 100.0 feet; Thence South a distance of 165.0 feet:
Thence.East 400.0 feet; Thence North o distance of 333.67 .-
feet to Point of Beginning; oil lines to run parallel with
the Sec[ion lines;
Subjec..t to o Easement with the perpetual right of Ingress &
Egress over and across and along the North 500.0 feet running :
East and West, o strip 20.0 feet wide, for the use of the
.Public forever.'
'x
PROVISIONAL USE J]U-V:t-:[ 5 " '
COLLIER / HENDRY CELLULAR ONE
AGREEMENT
I, David S. Wilkison of Wilkison & Associates, Inc., as
authorized agent for Petition CU-91-15, agree to the following
stipulations requested by the Collier County Planning
Commission in their public hearing on January 16, 1991.
a. The Planning Services 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.
b. The petitioner shall plant a continuous landscape hedge,
consisting of native shrubs (3 foot minimum height at
planting) around the perimeter of the security fence.
c. Prior to the issuance of a final local development order a
shared use plan for both the tower and this site pursuant
to the appropriate provisions of Ordinance 91-84 shall be
submitted.
d. The developer and all subsequent petitioners are hereby
placed on notice that they shall be required to satisfy
the requirements of all County ordinances or codes in.
effect prior to or concurrent with any subsequent'
development order relating to this site. This includes,
but is not limited to', Subdivision Master Plans, Site
Development Plans and any other application that will
result in the issuance of a final or ~ final local
development order.
e. Detailed water management plans and calculations~ signed
and sealed by a Florida Professional Engineer shall be
provided prior to final construction plans approval.
f. Existing 12 ft. limerock drive with~in S.R. 29 right-of-way
shall be paved.
g. The maintenance building will be required to have an
automatic fire suppression system in it.
h. Detailed paving, grading, site drainage and utility plans
shall be submitted to Project Review Services for review.
No construction permits shall be issued unless and until
EXHIBIT "D"
approval of the proposed construction in accordance with
the submitted plans is granted by Project Review Services.
i. The . petitioner shall obtain all necessary environmental
permits (Army Corps of Engineers, South Florida Water
Management District, Department of Environmental
Regulation, etc. ) prior to final development order
approval.
; J. The petitioner shall obtain a Special Treatment (ST)
permit prior to final development order approval.
k. The petitioner shall reduce the impacts to no greater than
ten percent (10%) of the site with fifty percent (50%) of
that ~area remaining pervious, and adhere to all other
applicable requirements set forth in Ordinance No. 89-41.
1. Artificial lighting required by either the Federal
Aviation Administration or Federal Communication
' Commission shall be affixed to the tower. A red beacon
, shall be used instead of a white strobe when technically
?,~ possible.
,'/ m. If''a diesel storage tank is to be used as a' fuel source
· ~ for the back-up generator, it shall be enclosed in an
.'~ impervious cell that shall /CShtain any potential spill.
Details of the containmer~t/ system shall be ~s~mitted as
P~T~ON~R OR XCENT
,'SWORN TO AND SUBSCRIBED BEFORE ME THIS c~/~ DAY
~;" ' · ' ,I ; ,- :
/
S~O~ TO ~D SUBSCRIBED BEFORE ME THIS . /~' ~ / DAY
CU-91-15 AGREEMENT SHEET/md
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
11 '' Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
;.,~:j., , Ordinance No. 92-13
~, which was adopted by the Board of County Commissioners on
W~TNF. SS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
> ~" ** day of February, 1992.
JAMES C. GILES :?."~.',"',, ~ ". '.'
~x-o~ffcfo to Board o~."~.'~.~'?~'.?.~.': ~
- ~- '' lo' ' , ..""~
By: /s/E1]]e Hoffmann '9;~qQ
Deputy Clerk