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Resolution 1997-459RESOLUTION 97- 459 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF SPORTING AND RECREATIONAL CAMP INCLUDING AIRBOAT TOURS, CONDITIONAL USE ~23" IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 51 SOUTH, RANGE 27 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" Rural Agricultural zoning district for a sporting and recreational camp including airboat tours, on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been m~de 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 APPE;%LS of Collier County, Florida that: The petition filed by Beau Keene, P.E., representing Jerry R. Hooks and Catherine J. Boyette with respect to the property hereinafter described as: -1- 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 of the "A" Rural Agricultural zoning district for a sporting and recreational camp including airboat tours in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: ao The Planning Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this 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 th~s application, shall require the submittal of a new conditional use application. bo Permits or letters of exemption from the U.S. Army Corps of Engineers, Florida Department of Environmental Protection and the South Florida Water Management District shall be presented prior to final site development plan apprcval. Co The building permit is subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs. do Prior to the issuance of a Certificate of Occupancy, all exotic vegetation, as defined by County Code, shall be removed from the area depicted on the Conceptual Master Plan (Exhibit "C"). This area shall be maintained free of exotic vegetation. eo At the time of private airboat tour operation commencement, the Petitioner shall install and maintain no trespassing signage along the entire property line every 300~ yards. The entire property shall be utilized specifically for commercial conservation/ecological tours and exhibits. The Petitioner shall utilize existing airboat trails in a round trip method according to the proposed existing trails identified on the aerial photograph submitted on September 12, 1997. The Petitioner shall assist and work with the applicable state and federal agenries (i.e., U.S. Fish and Wildlife Service, Florida Game and Fresh Water Fish Commission, etc.) to prepare base-line environmental studies. ho The airboats shall only be equipped with non-aircraft engines including spark arrestors and properly muffled to reduce noise. Airboats shall be limited to a maximum length of sixteen (16) feet and no more than six (6) people aboard, excluding the pilot. J. No more than four (4) airboats shall be permitted to operate at this site, at any one time. -2- l A21111 The alligator farm shall be utilized for exhibit purposes only. No commercial farming of alligators or crocodiles shall be permitted. Only native Florida species of crocodilians shall be permitted on the subject property. Airboats shall only be permitted to operate during daylight hours, one hour after sunrise to one hour before sunset. mo One year from the date of the Conditional Use approval (December 9, 1998), the Board of Zoning Appeals will reevaluate this Conditional Use and if found to be abusive or detrimental to the environment, and no steps were taken to correct the problem, then the BZA has the ability to eliminate the Conditional Use. 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 j//v~ day of -/3~-/~ ., 1997. _.ATTEST: ' * 'c 'j DWIGHT E, BR0C-K~ Clerk · Approved ~"" as .t~ 'Form and Legal* Sufff~ency: MarJSrie M. Student Assistant County Attorney f/C0-97-17 ~'~ZSOLt,'T I OW BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TImOthY ~ HANCOCK, Chairman -3- 1.3A q FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-17 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 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 ingres9 & egress Yes ~-' No C. Affects neighboring properties in relation to noise, glare, ecgnomic 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 withi~district Yes ~__~__No . Based on the above finding s ' hal use should, with stipulations, (copy attach~be recommended for approval ~ ~/CU-~-].T ~lDZg~2 Or FACT "EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-17 The following facts are found: 1. Section 2.2.2.3.23 of the Land Development Code authorized the conditional use. 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: ao Consistency with the Land Development Code and Growth Management Plan: Yes ,,, No X 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 ~ C. Affects neighboring properties in relation to n~isc, 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 condiZ, i~na! use should, with stipulations, (copy attached)~-~culd not)'~e~recommended for approval DATE: ///_ _..:..n~ . ~' -/' ME:~BER: i'/CU-9?-17 FI.'~D~NG OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-17 The following facts are found: 1. Section 2.2.2.3.23 of the Land Development Code authorized the conditional use. 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: ao Consistency with the Land Development Code and Growth Management P~No Yes 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, glare, ecpnomic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatibleyes us~thinNo district Based on the above findings, this conditional use should, with stiDula~ions, (copy attached) (should not)be r/ecommended for DATE://-- ~ -~_.~ f/~-97-1~ F~IN~ OF FA~ M~B£R/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-17 The following facts are found: 1o Section 2.2.2.3.23 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other propezty or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management ~: 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 & e/~fess Yes ~'No C. Affects neighboring properties in relation to L]uisc, glare, e~omic or odor effects: w'No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w~j.~hin district Yes w- ~;o Based on the above findings, (copy attached) this conditional use should,/w~th (should not) be recomme~d~yor MEMBER:~ f/CU-97-17 PINDING OF PACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-17 The following facts are found: Section 2.2.2.3.23 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other prope~y or uses in the same district or neighborhood because of: ao Consistency with the La~ Development Code and Growth Management Pla~f. Yes _~__~No B. Ingress and egress to property and proposed strucuures 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 & eg,~,~ss Yes ~/No C. Affects neighboring properties in relation to nt:~:;c, glare, economic or odor effects: ~-~---_~//~/'/~(/~Z- __ No affect or __ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w~ithin district Yes %/' No Based on the above findings, this conditio~~ho~th stipulations,~(co~y attached)(should ~/~, ~.~/~or approval ~~~__ . ER~/~ DATE:~ ME~I - f/CU-97-17 FINDING OF FACT. MEMBER~ FINDING OF FACT BY COLLIER COUNTY PLA_NNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-17 The following facts are found: Section 2.2.2.3.23 of the Land Development Code authorized the conditional use. 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: Consistency with the Land Development Code and Growth Management,~t~lan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference tu automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &Negress Yes -- No C. Affects neighboring properties in relation to noise, glare'~economic or odor effects: No affect or __Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible us~ within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, . . be recommended for approval ~ DATE:~__ ME~V~ f/CU-97-1~ FINDING OF FACT M£MBZR/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-17 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 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 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 ~he above findings, th~~ditional use should, with stipulations, (copy attached)<(s~ho~3_d.)not) be recommended for approval ~ . ~ , f/C~-97-17 FINDING OF FACT MEMBER/ SECTION 36 TOWNSHIP 51 SOUTH, RANGE 27 EAST ALLLANDS LYING SOUTH &: WEST OF US-41 CONTAINING 194-1- ACRES COLLIER COUNTY, FLORIDA -- Exh£b~t "B" 13A2 ' ' (2oc N ~t ~~ J EXHIBIT United States Dep ent of the Interi6r 3~,0 Toll~te Blvd., Su. 30 N~l~s. FI.. 34114 Oc~bcr 23, 1997 CamdJtim~ Use Pe~Ltt~m ~"'~-97-17 WI~ D~ccr ~ Tcur~ m~d ,~lg~Ia~ F~'m Sectkm 3~3, Towmh~ il ~ ~ 2'/~ 2 Th,v~ you for siring me the c~~ to coum,m~ on tlxc above development pelilion. ~e ~sed v~c is I~z~ ~j~t to Tm ~o~ ~1~ N~o~ ~l~e ~ B~e ~e v~e ~y ~ve ~ ~t on ~e ~ge, I wou~ ~gl~t ~c foll~ng c~o~: 1. The venm~'s ~boat ~5c shoul~ m~in s dist.~zu:e ora: lezn 50 ~ from :he bouzui~ of:he refuge. A.uy closer wavel would ~ bir~ ~a: ~re on :he refuge close to ~m vmm~'s bounds.. Birds or o~hcr ~m~ on :he refuse should not be d~=bed by :he vent~u'e's 2. In reference to the alli~or ~ w~ hzvc a concern abou~ exotic., alien species fl~ may be r~ed or cared for ~ Ge Iota=cm. ~ n~y esc~c fi'om :he f~cili~y or z hurric~mc/n~jor ~ evem may disperse animab fi'om the faciliv/. These IZ~nab may find :h=e way omo :he refuge a~d cause problems. I wo~ld recomrncnd ',&a~ only native, endemic spc~ies be raised. A~ain tl~nk you for :he opporu~/to commcnt. Ple~e ccn~ct mc if you have my questions, (~41) 353- 8442, ext 27. Jim Krakowski Re~ge l~mag ~r . P.4 L P~.tt*,lou No, z rarvh'~nmental Consultant: Couditiou~ Uoo Poth~n No. CU-97-17 / 8pectd Trutment Permit No. ST-97-1 Tho ,ut~oct ~ h · ~~ ~hap~d parcel ofhnd locstod on tho ~ ddo of U.S. 41, iznmahtu~ mst of Collie' Seminole St&te Paflt in Soc~on 36, A-ACSC/ST ~ Strud Sine Forut) Undev~oped E.O.~'. IJ.S. 41 8 - CON--ACSC/ST (Tm~ ~ lslan~ Undm~loped CON-ST (Collier Semioob Smo Park) Dev~oped ptrk site ~K~ Meeting Nov~nber 5, I~ C[~-I'//~T-~7-I (Wind Duces' Airboat Tours sad AI]i~ltor Farm) 13A 2' Water Ma~a~n~nt: W'm~l Dane~ Airbo~ To~-s and Alll~tor ltarm Con~flonal Use M~ster Plan, by Co, er C,o~ty Plm~ng Sen4~ on Octobsr 22, I~97. W'md ~ Airbo~ To~'s and Al~xtor Farm ~o~al Us~ Mastm' Plan. ~rmd D~cer Aieoo~ Tours Tla~ and ~ Sp~e~ $urwy, ~ $en4ces on S~pt~nt~ 12, 1~'/. STAFI~ CO~: Water Managtm~nt= TI~ a~lica~ is r~tucst~ t co~ona] u~e ~ atrbo~ to~' operations on s This petition result~ ~tom a Code ~ action. A con~ wu r~iv.d b~ th. Code ~ ~ rsssrd~ns uni~edt~ sldxm tour oper~o~ and a ~ wss ]~dd on Angust $, 1~ ~ tl~ psttttoner snd fa~t r~uir~ r~rdl~ of' wlmher sit~ ~ ~ ma~ ~ NOV.t? 13A 2 Meeting Nevemb~ ~, 1~7 Cq~-~T-17/ST-~'.I OYlud Dan~m- AL'boat Tours and Alllpter Farm) 3 re~rutio~ usa wu occu.~n~ on the property. ~ ~ Notice of Vkdation was s~ved, wt~ the stipu~ ~ sa s~pll~s~on fo~ & Condi6on~i Us~ be The subje~ I~q~rt7 ~ ~ a salt wm' mmh wire ~ t~ ~ of ~ and ~abbap pabn. A borrow pit and uplana spoil area ara sleo ~ on tbe pn~m, t7 aa'jao~ to U.S. 41. The folknvi3~ is, d~ of tho sit, as ~ tn the ~ =xl End~ntar~ Spe~e, Su,~e/~a' Wind D~' Atdx~ Tours, A tk~ten~ ~l endeared spe~i~ surv~ of ~ prop~ty wu cx~d dur~ (0~0-1000), n~ay (tloo.:~oo) ~ hto. d~ (t~oo-~soo) tune peod~ An and ,ti~na~ observadon polats wet. uu:]iz=d for the surw~. List~ KAB Meeting November $, 1997 ~'U.9'I. tT/~T-97- 1 (Wind Dnac~r Alrbo&t Tours and Allisator Pa~e 4 wild]de spec'les ideatified on site includa saow~ c~'ct, E~r~t~a thula, ~e b~ ~t it. Two ~cs of ~ pl~ (~l~a) ~ o~ on ~e ~. Bo~ ~ ~e ~st~ ~ ~o ~te of~a ~Y duo to ~d~ ~ A compile 5~ o~ pl~ ~d ~m~s id~ on site is f~ ~ ~e ~~ any one time. ~oti.~caxion I~'tsrs were mailed on October 10, 1997 to t~ mana~ of~ Tm ~m~nand Talnnd~ Nat;on~ ~ife ~Se, CoH;~ ~ie StYe P~ ~ Pi~e S~ 5~te F~ W~m m~ w~ ~ on ~ 24, ~o~'~ I~. Staff r~commends appro~l of Conditional Usa Petition No. CU-97-17 I Special Treatment Permit No. ST-9'/-I, "Wind Dancer Airbott Tows sad Alas=tot l~srm" with the followin8 ~Fulatio~: EAB IV'dm/nS Noytmber ~, 19Y7 CU-YT.I?/ST-97-1 (Wind Dtncrr Atrt)ott Toun tnd AJUptor Fsr~n) 13A 2 CU-97-17/ST-97-1 (Wind Dtncer Alrboat Tou~ smd Alllptor Farm) DATI~ DATI~ ~ ~BY: United S~ates Department of the Interi~ Ten ~~ ~ N~ ~fl~ ~c' 3~ To~ BI~ S~ 30 N~I~ ~ 34114 13A 2 ! ~ Nph,FL 33942 ~ ~ you for tho opp~/to commeut, l, leuo cozmtc'~ me tf you~v,~ ~7 ques~om. (941) 3~3- 8,.2. ext 27. !3A 2 November 20, 1997 CHAIRMAN DAVIS: Put a parking lot in instead of how many -- how ~any residential units would there be? MR. KANT: Four. CHAIRMAN DAVIS: Yeah, four residential units, I'm sorry. You could build four residential units on the lots. MR. HOOVER: Do you know the size of the lot? Is it four? CHAIRMAN DAVIS: Point taken, Mr. Priddy. Any other questions of staff or ~etitioner? Anyone else to speak on this petition today? Seeing none, I'll close the public hearing. COMMISSIONER PRIDDY: Mr. Chairman, I move that we approve -- recommend for approval, Petition OSP-97-3, with the ATM allowed. COMMISSIONER YORK: If legal. COMMISSIONER WRAGE: Second. COMMISSIONER PRIDDY: Yes, we'll be like the Board of County Commissioners, it's legal until somebody tells us it's not. COM}{ISSIONER WKAGE: Second. COMMISSIONER YORK: I'll second it. MS. STUDENT: Well, I just want to say that if somebody tells you it's not -- I mean, if there's a problem and it's not -- it's void from the beginning, if you don't have authority to do it. CHAIRMAN DAVIS: There was a motion of recommendation of approval by Mr. Priddy, and I think initially seconded by Mr. Wrage. Any discussion on the motion? All those in favor, signify by saying aye. Opposed? (No response.) Carries unanimously. Okay. Let's see, CU-97-17. COMMISSIONER BRUET: Mr. Chairman, I need to recuse myself from this item. My employer owns the property, the lease that is effective. CHAIRMAN DAVIS: Okay. I'll ask all those here today that are going to speak on this petition to please stand and raise your right hands so the court reporter may swear you in. (Whereupon, all speakers on this issue were sworn.) CHAIRMAN DAVIS: In the way of disclosure, I had'a very brief conversation on the phone with Mr. Hooks, the petitioner, and I provided everyone a copy of correspondence that was faxed to me from a Ms. Tammi House. Mr. Reischl. MR. REISCHL: Morning, commissioners, Fred Reischl. This is a request for a conditional use for airboat tour operations. The site is located south of US-41, and tkis map will probably give you the best location. State Road 92 is just off the map here. This is -- the blue line is State Road 29. Yellow is US-41, and this is the subject proper';y, the south -- the portion of that section that is below, south u£ US-41, that is Port of the Islands for a point of reference, Everglades City is down this way. Here's an aerial view of ,. the site, the blue on blue is hard to see, but it's this triangularly Page 15 13A 2 November 20, 1997 shaped piece, you can see the borrow pit that's on the site plan distinctly in the aerial, and the petitioner has marked the trails in blue, their proposed trails on the site plan, on the aerial. On the site plan, you see it in a little more detail. The right of way of US-41, the canals, the proposed parking area, the borrow pit, and the pink shows the existing docks that will be used to launch the airboats. The petitioner was heard by the Environmental Advisory BDard, and the EAB added approximately seven stipulations to their resolution, which are included in the resolution in your packet. Included among them were the limitation of hours of operation from one hour after sunrise to one hour before sunset. Instead of definitive hours, they felt that this would allow the operation during daylight hours at all times of the year, with minimal disturbance to bird roosting and nesting during the dawn and dusk hours. The three parks involved were all notified and the one concern that was discussed at the EAB was on the south side. Two of the trails -- you can see that on your map in your packet a little better -- two of the trails come within 50 yards of the south border. Now, that was proposed to the EAB that there be no airboat tour operation within 50 yards of one of the parks. The EAB decided not to include that stipulation because of these two points. However, they are limited to staying on existing trails. Therefore, at ~- only at those two'points will they come within 50 yards of one of the parks, so we felt that was a self-limiting situation. COMMISSIONER YORK: Who owns this land, Fred? MR. REISCHL: The land's owned by the petitioner. COMMISSIONER YORK: And it's environmentally sensitive? MR. REISCHL: It's in the area of critical state concern. COMMISSIONER PRIDDY: The land's owned by Collier Enterprises. COMMISSIONER BRUET: Yeah, I believe Collier Enterprises owns the land. CHAIRMAN DAVIS: Well, maybe the petitioner's representative -- MR. REISCHL: He can speak, but we have a deed that shows Mr. Hooks as the ow~.er. MR. KEdgE: For the record, Beau Keene with Keene Engineering, representing Jerry Hooks, and Jerry Hooks is the owne~ of the property. It's 194 acres. MR. HOOKS: Yeah, I own the property. COMMISSIONER BRUET: Yeah, I need to clarify one thing. Mike Ramsey, who works for Collier Enterprises, has been involved in the leasing of that area and he was copied by this correspondence. Why is that? What's the connection? I need to clarify this. MR. MLrLHERE: This gentleman wasn't sworn. CHAIRMAN DAVIS: Mr. Hooks, were you sworn in? Did you say you were sworn, and if you can identify yourself for the record? MR. HOOKS: I'm Jerry Hooks, I'm the owner of the property in question. Mike Ramsey has no connection whatsoever with the property in which we're concerned with. He is the gentleman who handles the Page 16 13A 2 November 20, 1997 leasing of the other airboat ride down the road from me, that's why he's involved in it. COMMISSIONER BRUET: Okay. Thank you. I'd like to get back in. CHAIRMAN DAVIS: So that takes your dilemma away, Mr. Bruet? COMMISSIONER BRUET: Yes, but, Marjorie, can I step back in? MS. STUDENT: Oh, yeah. COMMISSIONER BRUET: Thank you. COMMISSIONER NELSON: You're un-recused. CHAIRMAN DAVIS: Mr. Reischl. MR. REISCHL: To give you a clarification of the location there, on this map this red shaded area is the Everglades Private Airboat Tours operation, approximately 10 miles to the east and then there's a dock here, which is the launching location for Gator Airboat Tours, which basically runs on open water. They're a little bit different from Everglades Private and Mr. Hooks' proposed location. Everglades Private is approximately 1,000 acres. Mr. Hooks is approximately 200 -- 194, I believe. CHAIRMAN DAVIS: Any questions of staff? Mr. Nelson. COMI~ISSIONER NELSON: Forgive me, Fred, if you mentioned this and I missed it, but this letter that we got from Tammi House indicates that a competitive airboat tour is subject to a lot of stipulations that they don't believe that this petitioner is now. This is one of the letters that's sort of irritating that you can't find exactly what ~.. all. these stipulations are. Is that true? MR. REISCHL: Well, what was presented to the EAB, Mrs. House spoke at the gAB, and the stipulations from her -- her operation, her conditional use were gone through and if they apply to EAB, EAB made them conditions for this proposed conditional use also. MR. MULHERE: I think that some of the stipulations that were proposed on Everglades Airboat -- Private Airboat Tours, were over the past few years were deemed to be not appropriate. One of which was an annual bird study, which couldn't really in the end provide any definitive information as to whether or not there were negative impacts associated with the airboat tours on the bird population. MR. REIECHL: And the board has directed we remove that condition from her conditional use. That's in the process of being done right now. MR. MUT,HERE: Secondly, there are some stipulati6ns that are -- that the staff is recommending on this operation, that are not included in Ms. Haus' operation. Most notably, a limitation on the hours of operation and the number of boats and, you know, I think Fred will get into that, but it's based on the relatively small size of the property on which this operation can operate, versus, I think the Private -- Everglades Private Airboat Tours has over a thousand acres that they lease, so -- but I'll let Fred get into that. MR. REISCHL: And also, concerning the boats, I had a conversation with Mr. Hooks yesterday. He did want to make an adjustment or request an adjustment on that, on the size and nun~r of passengers of the boat. CHAIRMAN DAVIS: Yes, Mr. Reischl, we received a copy of that Page 17 November 20, 1997 request. Through this process, is there some relationship between the number of boats and how many acres, because there does seem to be a big discrepancy between the two? MR. REISCHL: That's what we were trying to accomplish. As Bob said, Everglades Private Airboat Tours is approximately 1,000 acres. This is approximately 200. We were trying to Get some kind of ratio between size and the number of boats operating on the sites, on tke two different sites. CHAIRMAN DAVIS: Yeah, and I Guess that's what I'm wondering about because as I read Mrs. Haus' letter, it's six boats on a little o~er ~,000 acres, versus three boats on less than 200 acres, and I Guess I was trying to figure out where the ratio is there. MR. MULHERE: I don't think that there necessarily was a ratio. We felt that three boats could be accommodated on the 200 acres and that six boats might, if the use was constant and if business was Good, might have a deleterious effect on the environment over time and on the animal species in the area, but the relationship -- I mean, there is no comparison because I don't know that -- I'm not even sure the issue was discussed when Ms. House came in as to how many boats she might have been able to have. I'm not sure whether that was discussed. COMMISSIONER PEDONE: If Ms. House wanted to increase the number of boats and bring herself in line with the ratio, would she be able to do that? MR. MULHERE: I think she could re-petition the planning commission or the board to increase that number. There was a limitation of six boats placed -- ultimately placed on her, but I'm not sure what the discussion was at that time. That's something we can look into, whether or not it was placed on Everglades Private Airboat Tours, based on some belief that by limiting the number of boats, we would minimize the impacts to the property out there, ~nd I'm not sure even what the market demand is and whether or not there's a market for three or four more boats out there. Maybe there is, but she could do that and she indicated, at the planning co~ssion meeting, she might be willing to come back and do that so -- COMMISSIONER YORK: My concern is to the wildlife, the ecological impact. CHAIRMAN DAVIS: And from what I've read in the ~taff report, there seems to be, you know, I guess the recommendation to us is three boats seem to be what the land can tolerate. Okay. Anything else, Mr. Reischl, before we move to the petitioner's representative? MR. REISCHL: I received a phone call inquiring about some of the aspects of the operation. He requested me to give him a call back after your recommendation, and I received a letter from a lady saying, in effect, let the developer do what he wants. I think those were her words. CHAIRMAN DAVIS: Okay. Mr. Keene. MR. KEENE: Again, for the record, Beau Keene. I think Fred did a pretty good job. We're comfortable with all the conditions of the ~_ approval, with the exception INJ. Jerry Hooks currently owns four Page 18 13A 2_ November 20, 1997 airboats ranging in size from 13 to 17 feet, and an 18 foot boat is a little larger than the trails currently can handle, and we just requested permission to use 4 boats at'any given time, up to 16 feet in length and 6 passengers. COMMISSIONER PRIDDY: I have a question. CHAIRMAN DAVIS: Mr. Priddy. COMMISSIONER PRIDDY: When did Mr. Hooks acquire this property, about how long ago? MR. KEEN-E: Two years ago. COMMISSIONER PRIDDY: And was that from the Collier family? MR. KEENE: No, sir. CHAIRMAN DAVIS: Okay. Any other questions of the petitioner? Okay. Thank you. Anyone else to speak on this petition today? Seeing none, I'll close the public hearing. COMMISSIONER BRUET: Mr. Chairman, I think everybody needs to earn a living somewhere, and those in Everglades City are kind of limited somewhat, so I'm going to make the motion that we approve Petition CU-97-17, as requested by the petitioner, that's four boats, 15 to 16 feet long. MR. REISCHL: Is the maximum 16 feet? COMMISSIONER BRUET: Yes. COMMISSIONER PRIDDY: I'll second that. CHAIRMAN DAVIS: Any discussion on the motion7 COMMISSIONER YORK: Well, my main concern is that~ you know, how many of these are we going to allow out there? We've got -- we've got the Everglades that are, you know, are just -- there's a big government movement to try to restore them and I don't see where this does anything to help that situation. COMMISSIONER BRUET: I believe these are all uses of existing trails. You can't make new ones, Don. He's going to utilize what's available with certainly minimal impacts. MR. REISCHL: That's correct, and the area of critical state concern, salt marsh grasses are protected and basically you couldn't cut new trails, that's why Mr. Hooks is proposing just to use the existing trails and that's why the EAB was satisfied that in -- except for those two places I noted, the boats would not come closer than 50 yards to any of the parks. Mr. Bruet, can I ask if you're going to limit th~ number of passengers or change the number of passengers? COMMISSIONER BRUET: As the petitioner had requested, you know, he knows the market better than I. CHAIPF~kN DAVIS: I'm not going to support the motion. The reason is, I feel a lot more comfortable with staff's recommendation than what the petitioner's asked for. Any more discussion on the motion? COMMISSIOneR NELSON: Mr. Reischl, you were aware that the petitioner wanted to make the boats smaller and increase the number when you prepared your recommendation? MR. REISCHL: No, I heard this yesterday. COMMISSIONER NELSON: All right. And your feeling is running one Page 19 November 20, 1997 more -- one more boat, but having them all smaller, is what? MR. REISCHL: I, again, I'm not an expert in the market. They're using existing trails, so basically it's gonna be a noise problem, rather than destroying the salt marsh grasses. It's gonna be the noise of four boats, versus the noise of three boats at one time, would be the main issue. I think that perhaps the hours -- limiting the hours of operation would have more of an effect on the wildlife than the number of boats. CHAIRMAN DAVIS: The number of boats didn't come up in the EAB discussion? MR. REISCHL: Not to my recollection, no, it didn't. CHAIRMAN DAVIS: Thanks. Any more discussion? COMMISSIONER WRAGE: The only thing, Mr. Chairman, I'm going to support the motion. One of the things I do note, and I have not been on Mr. Hooks' boats, but I've certainly been on the Everglades Private Airboat Tours, and I believe they even advertise a night operation. At some point, us or the county's going to need to establish a level field out there of operation, I think of size. I'm not sure -- we're dwelling in competitive issues here of one person over another and I don't believe that's our purpose. MR. REISCHL: Well, the EAB asked staff to propose to the Board of County Commissioners that there be special conditions established for airboat conditional uses and the board decided that they would want to look at them on a case by case basis, they did not want to establish standards at this time. COMMISSIONER PRIDDY: Mr. Chairman, I call for the question. CHAIRMAN DAVIS: All those in favor of the motion, signify by saying aye. Opposed? .. Nay. COMMISSIONER YORK: Nay. CHAIRMAN DAVIS: It carries five to two, myself and Mr. York against. We need to fill out our conditional use sheets. COM~ISSIONER NELSON: And pass them to our secretary. CHAIRMAN DAVIS: Yes, and pass them to our secretary. The next petition is PSP-97- -- PSP-97-9. I'd ask all those present that are going to testify on this petition to please stand and raise you right hand so you may be sworn. (Whe'ceupon, all speakers on this issue were sworn.) MR. NINO: For the record, my name is Ron Nino. PSP-97-9 is for a project which I'm sure you're quite familiar with. It wasn't too long ago that you approved the PL~ rezoning action, and you may recall that the singular issue that came out of that discussion was the need to preserve a right-of-way along the south side of The Club Estates. That issue went to the board and the board determined that, indeed, we did want a right-of-way. However, there was a reduction in the width of that right-of-way of 30 feet as it lies contiguous to the lots and expands the 50 feet on the western end of the project. Reviewing staff have asked for certain conditions to be included Page 20 RESOLUTION NO. 93- 129_ A RESOLUTION PROVIDING FOR T~E ESTABLISH~fENT OF RECP~ATIONAL 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 DU~ATED SOUTH OF THE U.S. %41 RIGHT-OF-WAY, CONSISTING OF 1,016 ACRES MORE OR I2~SS, IN SECTIONS 26 & 27, TOWNSHIP 52 SOUTR, RANGE 29 EAST, CO?.~.IER COUNTY, FLORIDA. %~HEREAS, the Legislature of the State of Florida in Chapter 67-1246, l~%ws 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 W~EREAS, 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 W~EREAS, 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" in an A-ACSC/ST zone for recreational facilities on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement has 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 haviPg considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier county, Florida that: -1- The petition filed by Mitchell D. and Teresa E. House, d/b/a Everglades Private Airboat Tours and Collier Enterprises, owner, All the property south of the U.S. 41 right-of-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 for. Conditional Use "23" of the A-ACSC/ST zoning district for recreational facilities in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: a. The Planning Services Manager may approve minor changes in the location, siting, or height of 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 new 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). b. This project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. Co do The petitioner shall submit to Project Plan Review Environmental Staff for review and approval, a monitoring program to assess possible impacts to the natural resources of the area within the conditional use boundaries, specifically impact~ to avian species. The monitoring program must include at a minim=m, avian species utilization data collected bi-annually, once during the wet season and once during the dry season, over a five 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 of such impact and given 90 days to provide a plan acceptable to staff and petitioner to correct such impacts. If an agreement is 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.). At the time of private airboat tour operation commencement, the petitioner shall install and maintain no trespassing signage along the entire property line every 300~ yards. The entire property shall be utilized specifically for commercial conservation/ecological tours. There shall be no other permitted uses associated with this conditional use. -2- The applicant shall utilize existing airboat trails in a round trip method aocording to the proposed existing trails identified on the aerial submitted on February 10, 1993. p'ermits or letters of exemption from the U.S. Army corps of Engineers, Florida Depart~gnt of Environmental Regulation and the South Florida Water Management District shall be presented prior to the issuance of a final site development plan approval. Prior to final site development pla~ approval the applicant shall submit to Project Plan Review Environmental Staff for review and approval a Wetland Mitigation and Enhancement Plan. This plan shall include compensatory measures to offset 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 of a Certificate of Occupancy all exotic vegetation as defined by the county Land Development code shall be removed at a minimum of fifty (50) foot buffer from the approved final site development plan development footprint. The fifty (50) foot buffer area and all developed areas shall be maintained free of exotic vegetation (Collier county Land Development Code Section 2.2.24.7.4.18). issuance of the Certificate of Occupancy, the i. Upo~ .... :- -ubS,ct to a forty-five (45) dgy in ermlu ~ ~ ~ build, g P _ lorida De artment of Community appeal period by the F P Affairs. j. The petitioner shall assist and work with the applicable state and federal agencies (i.e., U.S. Fish and Wildlife Service, Florida Game and Fresh Water Fish Commission, etc.) to prepare base line environmental ~tudies. k. Tn, airboats shall only be equipped with non-aircraft engines including spark arrestors and properly muffled to reduce the noise as much as possible. 1. Airboats shall be limited to a maximum length of eighteen (18) feet 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 any one time. n. One year from the date of the conditional use approval (March 23rd, 1994), the Board of County Commissioners will reevaluate this conditional use and if found 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. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. -3- commissioner _ ~grris offered the foregoing Resolution and moved for ire adoption, seconded by Commi~lioner ¥o'loe and upon roll call, the vote was: AYES: Commissioner Norris, Commissioner Volpe, Com~ssioner Constantine, Commissioner Matthews, and Commissioner Saunders NAYS: ABSENT AND NOT VOTING: ABSTENTION: A .TTF. ST-'..~-~'~'] lit" ~OVZD ~s =o..~o~ AND LE~A~...' 'SUFFICIENCY: ~O~IZ M.' ~T~DENT ASSISTANT COUF~Y ATTOm'~¥ daY' of ~ 1993. BOARD OF ZONING APPEALS BURT L. SAD'NDE]tS, CHAIRMAN CU-92-16 RESOLUTION/r~b/9088 -4-