Resolution 1993-129
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MARCH 23, 1993
RESOLUTION NO. 93-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
RECREATIONAL FACILITIES CONDITIONAL USE IN THE
A-ACSC/ST ZONING DISTRICT PURSUANT TO SECTION
2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE, FOR ALL THE PROPERTY LOCATED SOUTH OF THE
U.S. '41 RIGHT-OF-WAY, CONSISTING OF 1,016 ACRES
MORE OR LESS, IN SECTIONS 26 , 27, TOWNSHIP 52
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature ot the State ot Florida in Chapter
57-1246, Laws ot Florida, and Chapter 125, Florida Statutes, has
conterred on Collier County the power to establIsh, coordinate and
enforce zoninq and such business regulations as are necessary for
the protection ot 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 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
of Conditional Use "23" in an A-ACSC/ST zone for recreational
tacilities on the property hereinatter described, and has found as
a matter ot tact (Exhibit "A") that satistactory provision and
arranqement has been made concerninq all applicab:e matters
required by said regulations and in accordance with Subsection
2.7.4.4 ot 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
ot Collier County, Florida that:
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c. The petitioner shall submit to Project Plan Review
EnvIronmental staft for review and approval, a monitoring
program to assess possible impacts to the natural
resources ot the area within the conditional use
boundaries, specitical1y impacts to avian species. The
monitoring program must include at a minimum, avian
species utilization data collected bi-annually, once
during the wet season and once during the dry season,
over a tive year period, beginning after private airboat
tour operation commencement. If Staff determines that
the data indicates negative impacts on avian species
populations utilizing the site, petitioner shall be
provided notice ot such impact and given 90 days to
provide a plan acceptable to statf and petitioner to
correct such impacts. If an agreement in not reached the
petitioner shall be required to return to the
Environmental Advisory Board (EAB) or its successor for
possible private airboat tour operation revisions (for
example, existing trails, etc.).
d. At the time ot private airboat tour operation
commencement, the petitioner shall install and maintain
no trespassing signage along the entire property line
every 300t yards. The entire property shall be utilized
specitically tor commercial conservation/ecological
tours. There shall be no other permitted uses associated
with this conditional use.
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J:{;;. The petition tiled by Mitchell D. and Teresa E. House, d/b/a
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f. Everglades Private Airboat Tours and Collier Enterprises, owner,
with respect to the property hereinafter described as:
All the property south ot the U.s. 41 right-ot-way,
consisting of 1,016 acres, more or less, and located in
sections 26 , 27, Township 52 South, Range 29 East,
Collier County, Florida.
be and the same is hereby approved tor Conditional Use "23" ot the
A-ACSC/ST zoning district tor recreational facilities in accordance
with the Conceptual Master Plan (Exhibit "B") and subject to the
tollowing conditions:
a. The Planning Services Manager may approve minor changes
in the location, siting, or height ot buildings,
structures, and improvements authorized by the
conditional use. Expansion ot the uses identitied 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 eftect at the time of
submittal, including Division 3.3, Site Development Plan
Review and approval, ot the Collier County Land
Development Code (Ordinance No. 91-102).
b. This project shall be required to meet all County
Ordinances in effect at the time final construction
documents are submitted for development approval.
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MARCH 23, 1993
e.
The applicant shall utilize existing airboat trails in a
round trip method according to the proposed existing
trails identitied on the aerial submitted on February 10,
1993.
t.
Permits or letters ot exemption trom the U.s. Army Corps
of Engineers, Florida Department of Environmental
Regulation and the South Florida Water Management
District shall be presented prior to the issuance of a
final site development plan approval.
g.
Prior to tinal site development plan approval the
applicant shall submit to Project Plan Review
Environmental Statf tor review and approval a Wetland
Mitigation and Enhancement Plan. This plan shall include
compensatory measures to ottset the wetland impacts on at
least an equal area basis (Collier County Growth
Management Plan - Conservation and Coastal Management
Element Policy 6.2.7).
Prior to the issuance ot a Certiticate ot Occupancy all
exotic vegetation as detined by the County Land
Development Code shall be removed at a minimum of titty
(50) toot butter trom the approved tinal site development
plan development tootprint. The fifty (50) toot buffer
area and all developed areas shall be maintained tree ot
exotic vegetation (Collier County Land Development Code
Section 2.2.24.7.4.18).
h.
1.
Upon issuance of the Certificate of Occupancy, the
building permit is subject to a forty-tive (45) day
appeal period by the Florida Department ot Community
Attairs.
j.
The petitioner shall assist and work with the applicable
state and tederal agencies (i.e., U.s. Fish and Wildlite
Service, Florida Game and Fresh Water Fish Commission,
etc.) to prepare base line environmental studies.
The airboats shall only be equipped with non-aircraft
engines including spark arrestors and properly muffled to
reduce the noise as much as possible.
k.
1.
Airboats shall be limited to a maximum length ot eighteen
(18) teet and no more than ten (10) people aboard,
including the driver.
m.
No more than six (6) airboats shall be allowed to operate
at this site, at anyone time.
One year trom the date ot the conditional use approval
(March 23rd, 1994), the Board ot County ~ommissioners
will reevaluate this conditional use and it tound to be
abusive or detrimental to the environment, and no steps
were taken to correct the problem, then the BCC has the
ability to eliminate the conditional use.
n.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes ot this Board.
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COmmissioner
Norris
Resolution and moved tor its adoption, seconded by Commissioner
ottered the toregoing
Voll)~
MARCH 23, 1993
and upon roll call, the vote was:
NAYS:
AYES: Commissioner Norris, Commissioner Volpe. Commissioner Constantine,
Commissioner Matthews, and Commissioner Saunders
ABSENT AND NOT VOTING:
Alll!TEliTION:
D6ne this ~
day ot ~~..../
1993.
.ATTEST:d:lJ'j" t
:, DWigHT' E. BR6'CK, Clerk
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~jlRQvED AS TO.-FORM AND
LE~i 'SUFFICIENtlr:
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,ASSISTANT. COUNTY ATTORNEY
CU-92-16 RESOLUTION/nb/9088
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY;~~
BURT L. SAUNDERS, CHAIRMAN
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MARCH 23, 1993
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-92-16
The tollowing tacts are tound:
1. Section 2. 2.2. 3 ot the Land Devlopment
Code authorized the conditional use.
2. ~anting the conditional use will not adversely attect
the public interest and will not adversely attect other
property or uses in the same district or neighborhood
because of:
Consistency wi~e Land Development Code and
Growth Managemen Plan:
Yes No _
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
tire or catastrophe:
Adequate ingr~ ' egress
Yes' No_
Attects neighboring properties in relation to
no~~, glare, economic or odor effects:
No attect or Attect mitigated by
~ Aftec~not be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatible u~ within district
" Yes -lL- No _
A.
B.
C.
Based on the above findings, this conditional use should,
with stipulations, (copy at~ched) (should not) be
recommended tor approval f;:J.ltkWC--. ~
DATE: tf !tIAIl- 73 CHAIRM1oIl.. ~
FINDING OF FACT CHAJ:RMAN/md
EXHIBIT "Art
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