Resolution 2010-080
RESOLUTION NO. 10- 80
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW TWO
COMMUNICATIONS TOWERS WITHIN THE ESTATES ZONING
DISTRICT PURSUANT TO SECTION 5.05.09 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. 2004-41, as amended) 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 Board of Zoning Appeals (Board), 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
of two communications towers within the Estates Zoning District pursuant to Section 5.05.09 of
the Collier County Land Development Code on the property hereinafter described, and the
Collier County Planning Commission has made findings that the granting of the Conditional Use
will not adversely affect the public interest and the specific requirements governing the
Conditional Use have been met and that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Subsection
IO.08.00.D. of the Land Development Code; 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.
Mediaflo USA, Inc. CU-2008-AR-14085
REV. 03/10/10
Page 10f2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-2008-AR-14085 filed by Richard D. Yovanovich, Esquire of
Coleman, Yovanovich and Koester, P.A., representing Renda Broadcasting Corporation, with
respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved
for a Conditional Use for two communications towers within the Estates Zoning District
pursuant to Section 5.05.09 of the Collier County Land Development Code, in accordance with
the Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit
"C". Exhibits "A", "B" and "C" are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this ,~ day of
~\\
,2010.
ATTEST:
DWIGHT E. 13,I;t.oCK, CLERK
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and legal sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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By: -j"U-L
FRED W. COYLE, Chal an
tl~ A eta
6:ft- Steven T. illiams ~
Assistant County Attorney~flO'tO
Attachments: Exhibit "A" -Legal Description
Exhibit "B" - Conceptual Site Plan
Exhibit "C" - Conditions
CP\08-CPS-00918\51
Mediaflo USA, Inc. CU-2008-AR-14085
REV. 03/10/10
Page 2 of2
Exhibit A
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LEGAL .DESCRIPTION
Property located in Collier, FL
TIle. West one.-half (W ~) of the Northwest one-quarter (NW ~) of the Southeast onc-quartcr
(SE ~) of tile Southeast OJ'le-qutlrtet (Sf 14) of Section 8, Township' 50 South, Range 2,6 East,
Collier County Florida, also known as 'Tract No. 20. Enchanted Acres, less the South 30 feet for
road right--of-way purposes.
AND BEING tbe same property conveyed to Renda Broadcasting Corporation,. a Pennsylvania
corporati,on from Sterling Commul1ication Corporation, a Plorida corporation by Wan~nty Deed,
dated JIU1Uary 13, 1999 and recorded January 20. 1999 in De,ed Book 2'03, Page' 1624:
Tax Parcel No. 00405160008
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CONDITIONS OF APPRO V AL
CU-2008-AR-14085
January 12,2010
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "Overall Site Plan," prepared by Black and Veatch, and dated
September 28, 2007, as revised through April 9, 2009. The site plan noted is
conceptual in nature for Conditional Use approval only. The final design must be
compliance with all applicable federal, state, and county laws and regulations.
2. Development on the site shall be restricted to 3,359 square feet of impervious
area.
3. Maximum height of the two towers on the site shall be limited to 455 feet,
including antennae, lightening rods and other appurtenances.
4. Both towers on the site shall be equipped with either solid red beacon or dual
mode lights unless a waiver of this requirement is granted by the Federal Aviation
Administration (FAA).
5. All guy line anchors shall be fenced pursuant to LOC 5.05.09.G.12.
6. One tower on the site shall be owned by or leased to a governmental entity for
government-related, essential service purposes. Should this entity remove its
antenna(e) from the tower, the property owner shall immediately notify the
County and replace the antcnlla(e) with another essential service user within six
months.
Exhibit C