Resolution 2000-056
17D
RESOLUTION 2000~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
AN ECOTOURISM EDUCATIONAL FACILITY, CONDITIONAL
USE "23" IN THE "A-ST" ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
21, TOWNSHIP 48 SOUTH, RANGE 25 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. 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 "23" of Section
2.2.2.3 in an "A-ST" Zone for an ecotourism educational facility on the property hereinafter described,
and 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
2.7.4.4 of 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 of
Collier County, Florida that:
The petition filed by Jason Williams of Johnson Engineering, Inc., representing Cocohatchee
Nature Center, with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "23" of Section 2.2.2.3 ofthe "A-ST" Zoning
District for an ecotourism educational facility 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.
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170
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this 2 :leA day of-1.Lb~ ' 2000.
BOARD OF ZONING APPEALS
COLLIER C,.QflNTY, FLORIDA
/
/
BY:
TIM
ATTEST:
DWIGHT E. I3RO~K, Clerk
&t:'~;fikJ (6,-
Attest as to C~a~'~~]'S
AJPrp?attae to.Ftqtm and
4gal Sufficiency:.
2:~~~i~IJ
Assistant County Attorney
g:/admin/CU.99-31 RESOLUTIONfFRfts
-2-
170
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-31
The following facts are found:
1. Section 2.2.2.3.23 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 p~:
Yes V 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 &~ess
Yes No
C. Affects neighboring properties in relation to noise,
glar~conomic 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 w~hin district
Yes ~ No
Based on the above findings, this conditional use should,
stipulations, (copy attached) re~ed
approval Pl/( ~
DATE , Y Y" t7 MEMBER r.:::; /
with
for
I'/IdminIPINIlIHG OF PACT IdIlMIIlllticu.
Exhibit "A"
170
CU-99-31
Legal Description
DESCRIPTION:
A parcel of land in the N 1/2 of Section 21, Township 48 South, Range 25
East, Collier County, Florida, lying within the Bulkhead Line No.4, as recorded
in Bulkhead Plot Book 1, page 16, Public Records of Collier County, Florida,
and the Westerly Right of Way line of U.S. Rt. 41(S.R. 45), mOf8 particularly
described as follows: Beginning at the point of beginning of Bulkhead Line No.
4, as recorded in Bulkkhead Line Plat Book 1, Page 16, Public Recards of
Collier Coun t y, Florida; run S 73"49'13" W, for 281.74 feet, to 0 point of
curvature; thence run 2'17.08 feet along the arc of the curve, concave to the
Northeast, having a r(Jdius of 100.00 feet, and subtended by a chord having a
length of 191.91 feet and bearing N 32'31'58" W, to a point of.compound
curvature; thence run 420.68 feet along the arc of a curve, cOAC:aYe to the
Southeast, having 0 radius of 500.00 feet, and sub tended by 0 chord having
a length of 408..38 feet and bearing N 65'13'02" E, to the point of ending of
said Bulkhead line No.4, said point lying on the Westerly Right of Way line of
US Rt. tf1(S~. 45); thence run S 0'40'47" E, along said Right of Way line,
for 254.49 feet, to the Point of Beginning.
EXHIBIT liB"
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EXHIBIT "e"
17D
,
I
CU-99-31
Conditions of Approval
1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity, an historic or archaeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department shall be contacted.
2. Permits from the U.S. Army Corps of Engineers (USACOE), South Florida Water
Management District (SFWMD) and the Florida Department of Environmental Protection
(FDEP) shall be presented prior to final site plan/construction plan approval.
3. An exotic vegetation removal, monitoring and maintenance plan for the site, with
emphasis on the ST area, shall be submitted to Current Planning environmental staff for
review and approval prior to final site plan/construction plan approval.
4. The Planning Services Director may approve minor changes to the site plan.
EXHIBIT "0"
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