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Resolution 1993-129 ~) 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: 8~/';;'3-fJ -1- 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. t~'; . l ~;I :~:. . ~/ MARCH 23, 1993 .''1:;:; .-,;, < '''\':,\ J:{;;. The petition tiled by Mitchell D. and Teresa E. House, d/b/a ,. . ~ . .1. 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. ..o~?e//d)..3 - f3 -2- ) 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. O~/d).3- e. -3- 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 '. .......... . ~.... .:,;.. ..... . ./ '-0 ~~. --_~/J/. ~jlRQvED AS TO.-FORM AND LE~i 'SUFFICIENtlr: '., ,'101 ")'p')' -..-,,-., ." J 1i.:;oiii ~!GJt~ '"i; ,ASSISTANT. COUNTY ATTORNEY CU-92-16 RESOLUTION/nb/9088 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY;~~ BURT L. SAUNDERS, CHAIRMAN 'p~/;)'3.:D -4- ';1:/,' t- -f'J~"~: ";-: , ','\, ' ..~,. k. ~ ~-: . MARCH 23, 1993 00' 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 ~~ /.A3-E MARCH 23, 1993 ,. '. ='....~ . R 29 E R 30 E i"l. . ~ . , .- .. !If'" .. . . . \" , . . . > , ,- -... , . , . . .. " " II " .. " .. " " , II " II " " ,. .2ll22S !<. ,. " II 2m " . II " = >> '" ~ 2lW!l 2.Il.U ~ 2.ll.1n ~ > . . > P.M. 000 P.H '.:500 " " . .. " " ..lli.lli. .. " .--..,., EL " ,. " ,. " Vl N "' .... Vl .., "' .... ,. '" I I I P.M. 102.50 -------_________...L._________ I I I - P.H. 1000 ----________J .... 'at CI:lnWT1Ho\1''MI.A.....Mcrna.tI.~....... IlO'DlIlal 'N AMI AOCP1IIIIT Mn:JIIDIa: II' -......a 110. "-tea or 1IC D:Un'T 01 p:uq.'#I:dIla".AOCif"JD ~:A '"'- .. ". ,":...:t:/. ":'-"" . .~..... ".: ~. ., ~/ ~. ncco ffSUlItNfCllUlt ~ N'CftwA'nClH CClloOQCTY MNIOt:12OO17 P.H. _ PANa NUI.lBER I'ltOQt.I.M: RECl.U.It an:~ OATt:.A.IH! 3,. UII noc:o 7CtC: AU...-clI AS SHOw ON II"". I ... """ 4f"~ COWER COUNTY. flORID'" COJocWUHlTY DE\'El.OPIoIENT DIVlSIOr-l '....: '.- .. 1<L--_' !.lAP NUMBER: ''';' 52532730', """ ..,'" ", ..:.:.;:.:;~...~.:.~I...~~.:,':". :...... '. EXHIBIT "B" ~~/01.3 F . . ,~. 'j (#, ""'" 1;.;'. 'W~,' , 1 "" :0 ..:.V: '!~ ~" M' IJ~ - I mll_'" WE.s1" a:; S,'R...z.q ----------------- - ------------- '. ;: . .:: " " " ': :. :: ;. ': " " '. .. .. " >::' 1: ~~ :: ~ Ii: ~~ ~ ';l I. ~..... .' ,I !:l I: 0 ~ :. .~ ~; ~ ~ ;: E ~ :: d-B t: n .. :: :. :: .. ., .. '. " :: !: .: II + rnA~SIlLJIPl os . --. - .... --"---'1 et~t.U/lO<:'5 1'IIWAn< ~IUoo1'r 1'ouJts flIrrCAHl- . i 1'Etl!$A I\ous.; W..,)G, (~I~" II1S-<l~:y] ~: \I1~,,11t... ~(lU; I '1'0 J.o . . ITIi1I'.5IH../llI 0$ \-11611-1 lTlOU./JPS 00 0'1'611 Wll1'e/l. Exhibit "B" MARCH 23, 1993 :>: ... ~ III f~o'€O ;: ~ '&t1n:'1.~ t, ~ L.JhJO~""rlft :: ~ ------ --'" - . , " J." )': ot-=-\:: it. ,I r::-I~: " ~I;: '. -I, ~ \:: ---;-\:~ " ~\~~ ~ I' -J \:: oa ',:; ., ..01 o I :;\, ~ i! 'CJ " '. '. (. I: I.' .t9~ /.:2..3 -..4 & 'Ii ! - --- - -- ! i l ~ l- e 3 -:z Ul "- o