Resolution 2006-010
RESOLUTION NO. 06-JJL
A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING
FOR THE ESTABLISHMENT OF AN ECO TOURIST RECREATIONAL
FACILITY CONDITIONAL USE IN THE RURAL AGRICULTURAL (A)
ZONING DISTRICT PURSUANT TO SECTION 2.04.03, TABLE 2, OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 25, TOWNSHIP 52 SOUTH,
RANGE 29 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
Number 04-41, 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 (BZA), 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 an Eco Tourist Recreational Facility
Conditional Use pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code in
a Rural Agricultural (A) Zoning District on the property hereinafter described, and the Collier County
Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and in
accordance with Subsection 10.08.00.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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition filed by Coastal Engineering, Inc., representing Mitchell D. House, lessee,
with respect to the property hereinafter described as:
Exhibit "B" attached hereto and incorporated by reference herein
be and the same is hereby approved for an Eco Tourist Recreational Facility Conditional Use
pursuant to Section 2.04.03, Table 2, Collier County Land Development Code in the Rural
Agricultural (A) Zoning District 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.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
Page I of2
This Resolution adopted after motion, second and super-majority vote.
Done this 10th
day of Januarv , 2006.
BY:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E.~.BR<?~K, CLERK
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Marjor' M. Student-Stirling ~
Assistant County Attorney
CU-2003-AR-4647IHW~o
Page 2 of2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
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CU-2003-AR-4647
The following facts are found:
I. Section 2.04.03, Table 2 of the Land Development 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, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No V'
C. Affects neighboring properties in relation to noise, 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:
Compatible use within district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: It. l~-O <"
CHAIRMAN:-il4
EXHIBIT A
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LEGAL DESCRIPTION
EXHIBIT "B"
CU-2003-AR-4647
A PARCEL OF LAND LYING IN THAT PART OF SECTION 24 AND SECTION 25,
TOWNSHIP 52 SOUTH, RANGE 29 EAST, COLLIER, COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25 RUN
SOUTH 89058' 19" EAST ALONG THE NORTH LINE OF SAID SECTION 25 FOR A
DISTANCE OF 985 FEET TO THE POINT OF BEGINNING; THENCE LEAVING
SAID LINE NORTH 230 30' EAST A DISTANCE OF 652 FEET; THENCE NORTH
09043' EAST A DISTANCE OF 1,606 FEET; THENCE WESTERLY A DISTANCE
OF 2,065 FEET; THENCE NORTHERLY A DISTANCE OF 610 FEET; THENCE
EASTERLY A DISTANCE OF 2,879 FEET; THENCE SOUTHERLY A DISTANCE
OF 1,828 FEET MORE OR LESS TO AN INTERSECTION WITH THE WEST RIGHT
OF WAY LINE OF THE SEABORD COAST LINE RAILROAD; THENCE ALONG
SAID RIGHT OF WAY LINE SOUTH 20001'46" WEST A DISTANCE OF 3,803
FEET MORE OR LESS TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. 41
(TAMIAMI TRAIL); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 650
WEST A DISTANCE OF1,080 FEET; THENCE LEAVING SAID LINE, RUN
NORTHEASTERLY A DISTANCE OF 2,348 FEET MORE OR LESS TO THE POINT
OF BEGINNING.
LESS AND EXCEPT THOSE LANDS CONVEYED TO COLLIER COUNTY
RECORDED IN OFFICIAL RECORDS BOOK 1671, PAGES 1692 THROUGH
1694 OF THE PUBLIC RECORDS.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 142 ACRES OF
LAND.
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Exhibit "C"
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CONDITIONS OF APPROVAL
CU-2003-AR-4647
The conditions of approval, as required by Section 4.02,02.B.3.c of the Collier County
Land Development Code, and as recommended by staff, shall be as follows:
1. Permits or letters of exemption from the U.S. Army Corps of Engineers, the
Florida DEP, and the SFWMD shall be presented to the County Manager or
designee prior to site development plan approval.
2. The petitioner shall post the property along the entire property line with no
trespassing signs approximately every 300 yards.
3. The petitioner shall utilize only trails identified and approved on the site
development plan. No new trails shall be established.
4. Motor vehicles shall be equipped with engines which include spark arrestors
and mufflers designed to reduce noise, The petitioner will provide a statement
and/or repair bill from a licensed auto mechanic certifying that the vehicles in
use comply with the defined criteria within 30 days of approval.
5. Vehicular use shall be limited to buses and pontoon boats, equipped with 4-
stroke outboard engines, with no more than 30 seats in operation at one time.
6. Motor vehicles shall be permitted to operate during daylight hours which
means, one hour after sunrise to one hour before sunset.
7. Molestation of wildlife, including feeding, shall be prohibited.
8. Vehicles shall comply with state and U. S. Coast Guard regulations,
9. This Conditional Use and ST Permit shall be consistent with the
environmental sections of the Collier County Growth Management Plan
Conservation and Coastal Management Element and the Collier County Land
Development Code at the time of final SDP approval.
10. An exotic vegetation removal, monitoring and maintenance plan for the site
shall be submitted to Environmental Services staff for review and approval
prior to SDP approval.
11. Upon submittal of the SDP petition, copies will be sent to the USFWS and
FFWCC for their review and comment. They will be allowed 30 days to
submit their letters of technical assistance to staff. Staff will use applicable
stipulations from these agencies, in their review and approval of the Site
Development Plan for this project.
12. Wetland permitting as required by State and Federal agencies shall be
required prior to SDP approval.
13. Any pruning of mangroves on site shall comply with the Florida Department
of Environmental Protection's requirements.
14. The ST permit is subject to a forty-five (45) day appeal period by the Florida
Department of Community Affairs.
15. No new improvements shall be made to the logging trail tl:tat will be utilized
by the eco-tours.
16. There shall be no trimming of the oak trees in the hardwood hammock located
at the end of the logging trail.
EXHIBIT "D"
CU-2003-AR-4647
17. The applicant shall relocate any listed species in impacted portions of the
canal area to areas that will not be impacted.
18. Educational information shall be provided during tours.
19. The applicant shall remove all the exotic species from the tour areas.
20. There shall be a record of weekly inspections of the vehicles for oil leakage,
21. Vending machines are restricted from being located where they would be
visible from vehicles traveling along US 41.
22. The applicant shall seek FDOT approval of a right-in deceleration tum lane
from the east and a left-turn lane from the west.
23. The applicant shall provide a minimum of a 19.2-acre conservation easement
dedicated to Collier County, in a location based on the GMP and LDC
preserve ranking criteria, to be reviewed and approved by the Office of the
County Attorney prior to site development plan approval. The easement shall
be recorded within 90 days of site development plan approval, or before the
proposed building is granted a certificate of occupancy, whichever comes
first. The conservation easement shall state that the easement shall remain in
full force and effect until such time as the lease between CMC Heartlands and
Mitchell House, including any extensions or amendments, terminates.
EXHIBIT "D"
CU-2003-AR-4647