Resolution 1994-159
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!lARCH 8, 1994
RESOLUTION 94-ill
A RESOLUTION PROVIDING FOR THE ESTABLISHMElIT OF
AN AIRBOAT TOUR FACILITY AND ASSOCIATED EXHIBITS
CONDITIONAL USE IN THE A-ACSC/ST ZOflIlIG DISTRICT
PURSUAIIT TO SECTION 2.2.2.3 ANO SECTION
2.2.24.2.3 OF THE COLLIER COUlITY LAUD DEVELOPMEUT
CODE FOR PROPERTY LOCATED IN SECTION 25, TOWlISHIP
52 SOUTH, RAJIGE 29 EAST, COLLIER COUlITY, FLORIDA.
WHEREAS, the Legislature ot the State ot Florida in Chapter
67-1246, Laws ot Florida, and Chapter 125, Florida statutes, has
conterred on Collier County the power to establish, coordinate and
entorce zoning and such business regulations as are necessary tor
the protection ot the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a
Coaprehensive Zoning Ordinance establishing regulations tor the
zoning ot particular geographic divisions ot the County, among
which is the granting ot Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the
duly appointed and constituted planning board tor the area hereby
attected, has held a public hearing atter notice as in said
regulations made and provided, and has considered the advisability
ot Conditional Use "22" ot Section 2.2.2.3 and Section 2.2.24.2.3
in an A-ACSC/ST zone tor airboat tours and exhibits associated with
and accessory to the tour on the property hereinafter described,
and has tound as a matter ot tact (EXhibit "A") that satiSfactory
provision and arrangement has been made concerning all applicable
aatters required by said regulations and in accordance with
Subsection 2.7.4.4 of the Land Development Code tor 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 TilE BOARD OF ZONING APPEALS
ot Collier County, Florida that:
1* 000 PA~! 119
!lARCH 8, 1994
The petition filed by TillOthy L. lIancock of Wilson. !liller,
Barton' Peek, Inc. representing Robert Weeks with respect to the
property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
reterence herein
be and the same is hereby approved for Conditional Use "22" of
Section 2.2.2.3 and Section 2.2.24.2.3 of the A-ACSC/5T zoning
district tor an airboat tour facility and associated exhibits in
accordance with the Conceptual Master Plan (Exhibit "CO) and
subject to the following conditions:
1. The CUrrent Planning Manager may approve minor changes in the
location, siting, or height ot 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 ne~
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).
2. A minimum of 10 foot type "A" landscape buffer shall be
provided on land not in water along the western property line.
3. A copy ot the FOOT permit or Letter ot Intent shall be
provided prior to tina1 SOP approval.
4. Approval tor the on-site sewage disposal system shall be
obtained trom the Collier County Public Health Unit prior to
tina1 SOP approval.
5. Letters of water and sewer availability shall be provided
prior to final SDP approval.
6. A copy ot the South Florida Water Management District Permit
shall be provided prior to Final Site Development Plan
approval.
7. Permits or letters ot exemption from the U.S. Arcy Corps of
Engineers and Florida Department of Environmental Protection
shall be presented for the boat dock prior to the issuance of
a building permit.
.. Prior to the issuance ot a Certificate of Occupancy all exotic
vegetation as detined by the County Land Development Code
shall be removed from the approved final site development plan
(FSDP) development footprint. All developed areas shall be
maintained free of exotics (Collier County ~'nd Development
Code Section 2.2.24.7.4.18).
9. Upon issuance, the building permit is subject to a forty-five
(45) day appeal period by the Florida Department ot Comounity
Aftairs.
10. Arterial level str~et lighting is required at the project
entrance unless activities are restricted to daylight hours.
1* 000,.",120
!lARCH 8. 1994
11. The County reserves the right to monitor traffic, both volumes
and accident history, to determine if any additional
conditions or permit requireaents should be imposed. This
stipulation is in anticipation of a successful business
necessitating expansion and the invitation of both tour bUGGP-S
and additional private vehicles.
12. The County reserves the right to roquest that the FOOT require
turn lanes or other operational controls as may be required
tor sate operation. Failure on the part of the applicant to
coaply would invalidate the FOOT Use permit for the access
point and ettectively close the project.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
.inutes ot this Board.
eo..issioner
!lords
offered the toregoing
Resolution and moved tor its adoption, seconded by Commissioner
Saunders
and upon roll call, the vote was:
AYES: Commissioner Norris, Commissioner Saunders, Commissioner Volpe,
Commissioner Matthews and Commis.ioner Constantine
NAYS:
ABSEHT AND NOT VOTING:
ABSTENTION:
Done this
day ot
M;tl""r.-h
, 1994.
8th
':
ATTEST: ....
DIIIGIIT E. BROCK, CLERK
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APPROVED AS TO TORM AND
LEGAL ,SUFFICIENCY:
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MARJORIE M. STUDENT
ABSISTANT COUNTY ATTORNEY
CO-93-1S RESOLUTION
SIlO( 000 PA~! 121
!lARCH 8, 1994
FIIlDING OF FACT
BY
COLLIER COUllT'l PLANNIIIG COMMISSIon
FOR
A CONOITIONAL USE PETITION
FOR
CU-93-18
The to11owing facts are found:
1. S~ction 2.2.2.3 and Section 2.2.24.2.3 of the Land
Dev10pmant Code authorized the 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 Management Plan:
. Yes ~ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
tratfic flow and control, and access in case of
tire or catastrophe:
Adequate ingres, ~ egress
Yes ~ No_____
C. _. Affects neighboring properties in relation to
noise, gJare, 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:
Compatible u~ within district
Yes v \10
-----
Based on the above findings, this conditional use should,
with stipUlations, (copy attached) ( . . be ~
recOllllended for approval "
DATE: 2-J7-1t) CIIAIRMAN:A-~~.6?~ --<
FINDING OF FACT CllAIRMAH/md
EXHIBIT "AU
IOQI( 000 PAGE 122
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KARCH 8, 1994
FIIIDING OF FACT
BY
COLLIER COUlITY PLAIDIIIIG COMMISSIon
FOR
A CONOITIONAL USE PETITIon
FOR
CU-93-18
The tollowing facts are found:
1. Section 2.2.2.3 and Section 2.2.24.2.3 of the Land
Oevlopaent Code authorized the 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 Management PJan:
Yes " No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
tratfic flow and control, and access in case of
fire or catastrophe:
Adequate ingre~s , egress
Yes X No
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
~ No affect or Affect mitigated by
_____ Affect cannot be mitigated
O. Compatibility with adjacent properties and
other property in the district:
Compatible use within district
hs oX No
Based on the above findings, this conditional use~
vith stipUlations, (copy attached) (should not) be
reco..ended for approval
DATE: c::</17/11/
MEMBER: 1!l.vz..., ~~..... ::X;:4J1L
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FIIfDING OF FACT MEMBER/1IId
I_ OOoPA'l.123
KARCH 8, 1994
DESCRIPTION AS FURNISHED
E;;HIBIT "A"
The ~y 9,000.00 feet of Ihe abandoned nil=d right-of.W2Y lying south o( U.S. 41 as
dcxribt4 bdow.
A strip o{Jand 100 feet in widlh lying SO feet on each side of the CC1let line of Gl<1I1Ior's former
mailIline track formerly llIMing between Sunniland and the City of Everglades; said strip o(
land beginning in Section 2S, Township S2 Soulh, Range 29 East on the South line of S.R. 90
(ramiami Trail) as established by deed from Grantor to Ihe State o( Florida Department o(
Transportation dated January 17, I97S, and said strip o( land extending soulhweslerly and
southwardly through Sections 2S, 36 and 3S o(Township S2 South, Range 29 East, and Sections
2 and II of Township S3 South, Range 29 East, 14,992 feet, more or less, to the South line o(
Ihe NW 1/4 of the NE 1/4 o( said Section 11; LESS AND EXCEPT, any portion hereof
co...cycd by Granier to Martin J.Bowen, Jr. and Mary Lynn Hof(man by deed dated November
14, 1m; ALSO
Ilqinning at a point on the intersection of said CC1ter line with lhe North line of Section
2, Township S3 Soulh, Range 29 East; thence South 19"5S' West along said CC1ter line 96S.8
feet; thence northwesterly at right angles to said CC1ter line, SO feet, to a Ioated point of
bqinning; thence from said located point o( beginning South 19.5S' West 1720 feet, man: or
Jess, to I poinl in Ihe North and South half section line of said Section 2; thence South along the
North and South half section line of Sections 2 and II, Township S3 South, Range 29 East,
4,SI0 feet, more or less, to a poin!; thence eastWardly to a point in the West righl-of-W2Y line
o( Granier, which point is SO (eo:t West, measured al righl angles from said center line; lhence
northwudly along the WeSI line of said right-o(-W2Y, panllelto and SO (eet from said center
line, 6,469 (eet, more or less, to lhe point of beginning; LESS AND EXCEPT, any portion
hereof conveyed or excepted in deed from Grantor to Martin J. Bowen, Jr. and Mary Lynn
Hoffman dated November 14, 1m.
Said parcels o( land together containing 60 acres, man: or less, lying and being situate
in Collier County, Florida.
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lOGe OOO'A~!124
Exhibit "S"
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