Ordinance 92-056 AN ORDINANCE PROVIDING FOR T~E ESTABLIShmENT OF A
300 FOOT COMMIDIICATION TOWER CONDITIONAL USE IN THE
"A" AGRICULTURAL ZONING DISTRICT PURSUA~IT TO
SECTION 2.6.35 OF THE COLLIER COUNTY LARD
DEVELOPMENT CODE FOR PROPERTY LOCATED I~! SECTIONS 1
AND 2, TOWNSHIP 50 SOU'"d, RANGE 26 EAST AND
SECTIONS 35 AND 36, TOWNSHIP ~9 SOUTH, RANGE 26~
EAST, COLLIER COUNTY, FLORIDA, BY ESTABLISHING
RELATIONSHIPS BETWEEN ORDINANCES AND RESOLUTIONS%
GRANTING CONDITIONAL USES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida in ChaFfer
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 Conditional Use pursuant to Section 2.6.35 Communication Towers
(Ordinance No. 91-84, as amended) in an #A" zone for a 300 foot
self-supporting communication tower 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
W~EREAS, 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 ORDAINED, BY THE BOARD OF ZONING APPEALS
of Collier County, Florida that:
S~CTION ONE: Grant of Conditional Use.
The petition filed by R. Keith Barousse of Florida Department
of General' S~ices representing State of Florida Department of
Highway Safety and Motor Vehicles with respect to the property
hereinaf~er described
,~,~ Exhibit "B" which is attached hereto and incorporated by
~ :! reference herein
'~.: : ' ~ '.:.:2'-.-"
... be and the same is hereby approved for Conditional Use pursuant to
Section 2.6.35 Communication Towers (Ordinance No. 91-84, as
amend~)' of the "Aw zoning district for a 300 foot self-supporting
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 .TWOs Relationship Between Ordinance and Resolution
Granting Conditional Use.
In the event that it should be determined ~hat '~he grant of
'conditional uses should be by resolution, then this Ordinance shall
constitute a resolution for such purpose. '
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 ]]th day of
~m~ , 1992.
BOARD OF ZONING APPEALS
.. COZ~. I~ C~UNTY, FLORIDA
..--.' . ·
~ ~': .~ ,:-' · ~.~ · .
~'. A~Proved as t~..{orm and lX~0floyof~, ~'S~T~f of State% Off~ce_th~
~? ,%.:
l~arJori% Studen~ ' ~ ~a.~ '
Assistant County Attorney
--2--
'~ ....... FIi~DING OF FACT
~i BY
COLLIER COUNTY PLANNING COMMISSION
· FOR
-. a CONDITIO
The following facts are found:
~,~ 1. Section ~,6~ of the Land Devlopment
. Co~e authorized ~he 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 Land.Development Code and
/" .. Growth ~anageme$~ Plan:
Yes
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 ne~ghboring properties ~n relation to
nois}~, glare, economic or odor effects:
~/~ No ~ffect or , Affect mitigated by__
__Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatible u~e within district
· Yes ~' No
Based on the above findings, this conditional use should,
with stipulations, (copy at~ached) (should not) be
recommended for approval
FINDING OF FACT CHAIRMAN/md
EXHIBIT "A"
Legal Descrig~lon as furnished by
Ferguson, Glasgow, Schuster, Inc.
part of Sections I and 2, Township 50 South,
Range '26 East, and part of Sections 35 and 36,
Township 49 South, Range 26 East
Section 03001-2601 (03175-2409)
Parcel 949
Those portions of Sections 1 and 2, Township 50 So~th, ~ange 26 East
and those portions of Sections 35 and 36, Township 49 South, Range
26 East, being described.as follows~
Commence at an iron pipe marking the northwest corner of sal~
Section 1;
thence South 00'-20'-19' West 58.28 feet along the west line of said
Section 1 for a POINT OF BEGIHNING;
thence North 89'-57'-41' East 785.56 feet to the southerly
existing Limited Access R/W Line of State Road 93 (I-75 project
03175-2409), and the beginning of a non-tangent curve, concaved
northerly, having a radius of 11,621.16 feet and a central
angle of 05'-41'-08", the chord for which bears North
77--00'-15' West;
thence northwesterly along said curve and R/W line a distance
of 1,153.18 feet;
thence North 89'-45'-01" West 100.00 feet;
thence South 00'-02'-19' East 260.48 feet;
thence North 89'-57'-41' East 437.45 feet to the Point of
Beginning;
containing 3.696 acres more or less.
Reserving unto the State of Florida Department of Transportation,
its successors and assigns, all drainage ditches and/or drainage
facilities in place and in use.
,oo 054 247
I, R. Keith Barouse, of Florida Department off General
Services, as authorized agent for Petition CU-92-8, agree to
the following stipulations requested by the Collier County
Planning Commission in their public hearing on July 2, 1992.
a. The Planning Services Manager, may approve minor changes
in the loca~ion, 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 eubmi=tal, including
Division 3.3, Site Development Plan Review and approval,
of the Collier County Land Development Code, Ordinance
(~-102). .'
b. The petitioner shall be required to amend Site Development
Plan No. 90-41 in accordance with Division 3.3 of the Land
Development Code.
c. The petitioner shall record the tower shared use plan with
the office of the Collier County Clerk of Courts prior to
amending Site Development Plan No. 90-41.
d. 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 contain any po=ential spill.
Details of the containment system shall be submitted as
part of the final site plan submission.
e. Artificial lighting required by either the Federal
Aviation Administration or Federal Communications
Commission shall be affixed to the tower. A red beacon
shall bm used instead of a white strobe when technically
possible.
f. 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
approval of the proposed construction in accordance with
the submitted plans is granted by Project Review Services.
· g. Design and construction of all improvements shall be
· subject to complianca with the appropriate provisions of
~ the Collier County Unified Land Development Code, Division
~,~, 3.2.
~.~" h. Work within Collier County right-of-way shall meet the
· requirements of Collier County Right-of-Way Ordinance
~' 82-91 ·
'~ i. This project shall be required to meet all County
'~ Ordinancea in effect at the time final construction
'~ document, are .ubnitted fo~d.e~lopment approval.
State of Florida
County 'of Collier
· , ', , ~The foregoi~g Agreement Sheet was aoknowledued befor'e me this
~ day of ~p~- , ~9~a ~ ~.~. ?1~ , who is
p&r$onally.kn.c~..n toz~m_e ,or who haS produced ~ct~'A ~cd~ (~.~.
. as identification and,ho did (did no~~~
.... (S~qna~of Np~a~ ~ublic)__
'~' (Prin~ ~ame o~ Nota~ ~lic)
t~:~' N~Y P~LIC
~;t Serial/C~tsston ~
2? My C~ission E~ires:
· :~ ~ C~SS[~ E~. A~.~,199~,
Stat~ of Florida
Co~ty of Collier
~:' ~e foregoing A~eement Sheet was ac~owle~ged before me
~~ and who ~ (did not) t~e an oath.
, (sggna~ur~ Of NO~a~
.. , '. : (PrXn~ Nam~ o~ Nota~
'%, My C~XssXon E~Xres=