Backup Documents 09/11-12/2012 Item #17G 17G
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday,August
17, 2012, and furnish proof of publication to the attention of Mike Sawyer, Project Manager in the
Department of Planning and Zoning,2800 North Horseshoe Drive,Naples,Florida 34104.
*******************************************************************************************************
Originating Dept/Div: GMD/Planning and Zoning Person:Michael Sawyer,Project Manager Date: August 17,2012
Petition No.CU-P120110001157,Ichthyo Park
Petitioner: Viktor Jarikov and Iryna Labachova,316 Morgan Road,Naples,Fl.34114
Name&Address of any person(s)to be notified by Clerks Office:Tim Hancock,AICP,Davidson Engineering,Inc.,3530 Kraft
Road,Suite 301,Naples,Fl.34105
Hearing before: BZA
Requested Hearing date:Tuesday, September 11,2012. Based on advertisement appearing 20 days before hearing.
Newspaper(s)to be used: Naples Daily News
Proposed Text: See Attached
Companion petition(s),if any&proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs:
Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131-138326-649100-
00000;Purchase Order Number: 4500096189;Account Number: 068779
Reviewed by:
4
Divisi Administrator or Designee Date
List Attachments Resolution
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for
same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: Requesting Division Original Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
******************************************************************************************************
FOR CLERK'S O FIC USE ONLY: q22/1 Date Received: ( � Date of Public Hearing: 111 i ate Advertised:
1 7 G
RESOLUTION NO. 12-
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
AN EDUCATIONAL AQUARIUM WITHIN AN
AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO
SUBSECTION 2.03.01.A.1.c.3 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH,
RANGE 26 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. 2004-41, 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 (Board), being the duly appointed and
constituted planning board for the area hereby affected,has held a duly noticed public hearing as
required by the Collier County Land Development Code, and has considered the advisability of a
Conditional Use of an educational aquarium within an Agricultural (A) Zoning District pursuant
to Subsection 2.03,01.A.1.c.3 of the Collier County Land Development Code on the property
hereinafter described. The Collier County Planning Commission has made findings that the
granting of the Conditional Use will not adversely affect the public interest and the specific
requirements governing the Conditional Use have been met and 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:
Petition Number CU-PL2011-1157 filed by Tim Hancock, AICP of Davidson
Engineering, Inc., representing Viktor Jarikov and Iryna Labachova with respect to the property
hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use
for an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection
2.03.01.A.1.c.3 of the Collier County Land Development Code, in accordance with the
Ichthyo Park/CU-mo t 1-1157
Rev.07/03/12
Page 1 of 2
7 G
Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit
"C".Exhibits"A","B", and"Cy'are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote this day of
,2012.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E.BROCK, CLERK COLLIER COUNTY,FLORIDA
By: By:
, Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
tA(ic le
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A-Legal Description
Exhibit B -Conceptual Site Plan
Exhibit C—Conditions of Approval
11-CPS-01122/24
Ichthyo Park/CU-PL2011-1157
Rev.07/03/12
Page 2 of 2
17G
LEGAL DESCRIPTION
THE EAST %a OF THE NORTHEAST Ya OF THE SOUTHEAST 1A, SECTION 23,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE SOUTHERLY 768.5
FEET THEREOF, COLLIER COUNTY, FLORIDA.
11-CPS-01122\4
EXHIBIT A
Ichthyo Park\CU-PL,2011-1157
10/25/11
. el
......1,,, ot. •-.11” P.01, I I ■■. . -
MORGA1V ROAD ZONING: A AGRICULTURAL
(PRIVATE ROAD) LAND USE: VACANT
FUTURE LAND USE: URBAN RESIDENTIAL FRINGE SUBDISTRICT
*. •
I1 . ..... ■ ..... .0. I MIN es= I mowl limit 1 MOM AWN i mom ONO I Mant pow I MIMI ixtrm-+-1-1.
01,”.......5..n.
...:..1.:::::.::::::::: VIIILIOR• Ck . • F31 .1
*1 0 1 I
-0 J -4 .'...'...E1.41....'.%.'-• "*" " '-0 ' :: : ---•rtt co
gii
11" I
4 tr
'.....:S.::::::::::-::::::•,,,:. Ln 1 : ::: -csE
'A.
r •-,r,
3•0
A, : : .• .• • "NASA. :::::::,:. •■•.,
•: :••
-Tr E-est \ v:
s.. rn . •. '. •. •
›,-. -) — .. .• .• .. . .•..• .•..• .•...
C-...... . ... • . .. - .• - . . • • -
• • - - . • • . . . . . ..
a - < D r)
›..m . -.......,
o
pol, I g ---)NV.%.41.. -----7:--- ' ' :'s•":
: kr'
0
CA
IT.1
C en >
CO 0>
Fri .••, r- ‘.....)C
:.,r...,',.,...
- • •
•: -.-•.•:.
. . .
. . . % I 4 diaRiter,
1 .,
i
i
_.,._z_•: .: -- 4 ? I ..„, ......),,
- hi•
. . t ,
, 1,1 '
;
i
- • c
..
- • •,
r:•-• c<>
• . Ca 0>
• .,,.
. . .
. -I .I-
' r • .' m °
X 415
I Ille I .8'1 9'
It ,.. 2 •. . . . _
000 n to
LA _ AA- .,..L...:'-,r-.-:;•:-.4 --4
, . .
,..,•-_,-.. .-,• .. .
P V2 ....,....:::::::'.::- X
0 •, ., •, •,.• ..
. . . .
. . . . . . filel°A1 '*-1,-- pi
-n m . . ..,. ,„ , „,„.,:r ,,,,,,... .. .. ... •. .....•...•.
. • .. . . .
..„. .....„......: .
z_ .......„.................,:.:,
0 p. . . .. .. .. ..
. . .
cr,
C 1
a)
el . , ._ ,. ,. ., ,.., •...,,.....: ......
7) -.:::..•::::::::::. , , •::-::•:.-,-;:;.-...:::,,-...............::
...-.-:...::::-::.-',..*•,..-. .„. .:...,-..,.., .....,,..-...;:-,-..-,-..,-..•:..-..•::-;:-:•-:•..'•:..:-•::•:.'-'-'s.':•":
•.'...•—...*-••.- :--:--...-. ,- .-• •.........-..-••-•:••:-..:.:'-:-.--:.%•-:-,*•.. ,-..,-..,. ,...,-.—..:.•,
— ---\,' — -- . / / i i .---
.71 tg
C 0 "rt A
'-'
g
0-15a
III
c f7-1
d
a
(,)
r9 z 1. 101 tig i i 7
i Ili, Iv iii I , .a
I t g g ki Ui '1 ° .
A 1 41
4 a 1 i;4 f gi i v .
$ 3
p5 4145 1 ;t > 60 Pi 1 -
0 0 - •;..' P-1 0 F p 0 i . _____ §... ; . . t i
* 2P1- 5,1 0, 0 r xt rta 44 6
" Ic 8g,,z. i; V:11 : .Mi5d A A 14 /
DI v=. , lium
41 iii, 5 1
.,
1 i lii i i 1 1 1
o OD
C
V 0 - ct
; g Z7i WI G 4 i i isl - g 4t1 01 i
,,..-
IR 8 ig
, ---
111-visCean
1 i ...... 314 MORGAN CRATE
CONCNTIONM.USE ' 1:4101.11 ...k
...'''''
VIKTOR IASWOV L n. . -4---- • ■ ,
. IRYKA I,..7,140VA ..... _ I
1 q ?WERT 2 [
MAVEN CONCEPT PLAN _
ru■ ,...,....
..t.........r...t.s.
""--.
sky* ,... .....
..............
Exhibit B
1 7 G
CONDITIONS OF APPROVAL
FOR
CU-PL2011-1157
1, All promotional materials, brochures and advertising will include a statement that groups
of more than 6 persons will be by appointment only.
2. No vehicles with a capacity of more than 24 passengers will be admitted to the site unless
and until a minimum pavement width or stabilized roadway width of 20 feet for the
length of Morgan Road is established.
3. Prior to issuance of the Certificate of Occupancy for the educational aquarium, signage
will be posted (FDOT quality) at each end of Morgan Road indicating "Two-way traffic,
narrow road,use caution".
4. Vending machines, if used, shall not be visible from property lines.
5. The hours of operation shall be 9:00 am to 6:00 pm, except for special events which will
be by special event permit.
6. If the County constructs a County owned roadway adjacent to the eastern property line of
this parcel, the owner shall have no expectation of the installation of a noise wall.
7. Owner shall pay up to $2,000,00 per year to fix pot holes on Morgan Road.
8. No sale of fish species on site is allowed.
9. The County relies on owner's representation that it has valid and lawful access to the
subject site through Morgan Road. In the event that access to the subject site is
determined not to be valid and lawful, then this conditional use shall be suspended until
owner establishes valid legal access to the subject site.
EXHIBIT C
lathy°Park CU-PL2011-1157
Rev. 07/03/12
NOTICE OF PUBLIC HEARING.TO CONSIDER A RESOLUTION EIS ira
Notice is hereby given that the Board of County Commissioners, as the Board of
Zoning Apkal;s, of Collier county will hold a public hearing on.Tuesday, September
1.1, 2012, in the Boardrooms; 3rd Floor, Admin ctraticn- Building, Collier County
Government Center, 32 Eas t Tamiami Trail, Naples, Florida. The meeting will be-
gin at 9:00. A.M.;The title of the proposed resolution is:as follows:
A RESOLUTION. OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY.
FLORIDA..FROVI iNG FOR THE ESTABLISHMENT OF A CONDITIONAL U TO ALLOW
AN..EDUC TIONAL.At AQUARIUM WITHIN AN AGRICULTURAL (A) ZONING DISTRICT
PURSUANT TO SUBSECTION 2.D .n'l,A.;i.0 3 OF THE COLLIER COt IVIY LAND.
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 50
SOUTH,`RANGE 26 FAST, COWER COUNTY, FLORIDA.
Copies-of/he proposed resolution are available for public inspection- in the Collier
County Clerk's Cif ice, 4th floor, Administration Building. Suite"401. Naples, Florida.
NOTE: All-Persons wishing -to speak on any agenda item must register with the
county Administrdtor prior #a presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak rain behalf cstan organizat on or group is encouraged. if
recogn2e bY the rair, a sp okesp erson fora group:or organization may be
allotted 10 minutes to speak on-an tem.
Persons wishing to have written or graphic materials s induded in the B oard agenda
packets must submit said material°a minimum 0-f 3 weeks prior to the respective.
public hearing, In any cased written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need ensure that a verbatim
record of the procproceedings is made, which record includes the testimony and,
evidence upon which the appeal is based.
If you are a person with a disability who needs,any accor modation in order to
participate in this proceeding, you are entitled, at no..cost to_ our to.the'provision
of cettaain assistance Please c< ntact the Collier County Falities Management
Q parxmen;t, located at 3335 'arniami Trail East, Building W, Naples. Florida 34112,
(239)252-8380, Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY,COMMISSIONERS
BOARD. OF ZONING APPEALS
COWER COUNTY,NT Y, FLORIDA
FRED W. COY E, CHAIRMAN
DWIGHT E. BROCK, CLERK
Martha Vergara,r Dept Clerk
(SEA:
August 24,:2012 No. 1959794
A
1 ? G
Martha S. Vergara
From: Green, Amy <AGreen @Naplesnews.com>
Sent: Tuesday,August 21, 2012 3:45 PM
To: Martha S. Vergara
Subject: Ad Confirmation
Attachments: UAS23B9jpg
Please provide approval ASAP for publication.
I apologize for missing the deadline on this.
Thank You,
Naples News Legals
Thank you for placing your ad.
Date 08/21/12
Publication NDN
Account Number 744102
Ad Number 1959794
Total Ad Cost $259.38
1
17G
Martha S. Vergara
From: Green, Amy <AGreen @Naplesnews.com>
Sent: Tuesday, August 21, 2012 4:54 PM
To: Martha S.Vergara
Subject: RE:Ad Confirmation
OK,Thank you.
Amy Green
Legal Advertisements
Naples Daily News
Main Office: 239-263-4710
Direct Fax: 239-325-1251
Email: legals@naplesnews.com
www.naplesnews.com
Original Message
From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.coml
Sent:Tuesday,August 21, 2012 4:53 PM
To: Green, Amy
Subject: RE: Ad Confirmation
Amy,
I have gotten the approval for this ad, please proceed with publishing this ad on Friday,August 24, 2012.
No problem at lease we caught it...
Thanks,
Martha
Original Message
From: Green,Amy [mailto:AGreen @Naplesnews.coml
Sent:Tuesday,August 21, 2012 3:45 PM
To: Martha S.Vergara
Subject:Ad Confirmation
Please provide approval ASAP for publication.
I apologize for missing the deadline on this.
Thank You,
Naples News Legals
Thank you for placing your ad.
17G
Acct #068779
August 14, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: CU-PL20110001157, Ichthyo Park
Dear Legals:
Please advertise the above referenced notice on Wednesday, August 22, 2012 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500096189
176
NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION
Notice is hereby given that the Board of County Commissioners, as
the Board of Zoning Appeals, of Collier County will hold a public
hearing on Tuesday, September 11, 2012, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center,
3299 East Tamiami Trail, Naples, Florida. The meeting will begin
at 9 : 00 A.M. The title of the proposed resolution is as follows :
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE TO ALLOW AN EDUCATIONAL AQUARIUM WITHIN AN
AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION
2 . 03 . 01.A. 1.C.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA.
Copies of the proposed resolution are available for public
inspection in the Collier County Clerk' s Office, 4th floor,
Administration Building, Suite 401, Naples, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance . Please
contact the Collier County Facilities Management Department,
located at 3335 Tamiami Trail East, Building W, Naples, Florida
i GI
i
34112, (239) 252-8380 . Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office .
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17G
Martha S. Vergara
From: Green,Amy <AGreen @Naplesnews.com>
Sent: Wednesday, August 15, 2012 11:19 AM
To: Martha S.Vergara
Subject: RE: CU-PL20110001157 -Ichthyo Park (9/11/2012)
ok
Amy Green
Legal Advertisements
Naples Daily News
Main Office:239-263-4710
Direct Fax: 239-325-1251
Email: legals a,naplesnews.com
www.naplesnews.com
From: Martha S. Vergara fmailto:Martha.Vergara@collierclerk.comj
Sent: Wednesday, August 15, 2012 11:12 AM
To: Legals NDN
Subject: CU-PL20110001157 - Ichthyo Park(9/11/2012)
Legals,
Please advertise the following attached ad on Wednesday,August 22, 2012.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara(a,collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy,distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing heledesk@ collierclerk.com
quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead,contact this office by telephone or in writing.
1
17G
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
BCC/ZONING DEPARTMENT
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112
NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION
REFERENCE: 068779 4 5 0 0 0 9 618 9 Notice is hereby given that the Board of County Commissioners, es the Board of
59697364 NOTICE OF PUBLIC HEA zoning Appeals,of collier County will hold a public hearing on Tuesday,September
11, 2012, in the Boardroom, 3rd Floor, Aumrnistr�nnn p❑;I ...
Government Center, 3299 East Tamiami Trail, Naples, Florida. ie"meeting WTI be-
gin at 9:00 A.M.The title of t Ie proposed resolution is as follows:
State of Florida A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
Counties of Collier and Lee FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO AL
LOW
Before the undersigned authority, personally AN EDUCATIONAL AQUARIUM WITHIN AN AGRICULTURAL(A)ZONING DISTRICT
g y, P y PURSUANT TO SUBSECTION 2.03.01.A.1.C.3 OF THE COLLIER COUNTY LAND
appeared Lynn Schneider, says• that she serves c OUTH.RANGE 6EAST.COLLI RPCO NTY FLORIDA. SECTION 23, TOWNSHIP 50
the Order Entry Data Specialist, of the Naples Copies of the proposed resolution are available for public inspection in the Collier
Daily News, a daily newspaper published at Nap: County Clerk's Office,4th floor,Administration Building,suite 401,Naples,Florida.
in Collier County Florida: distributed in Col- NOTE: All Persons wishing to speak on eon y agenda item must register with the
, - County Administrator prior to presentatio of the agenda item to be addressed.
Individual speakers will be limited toa 3 minutes on any item. The selection of an
and Lee counties of Florida; that the attached individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or organization may be
copy of advertising was published in said allotted 10 minutes to speak on an item.
newspaper on dates listed. Persons wishing to have written or graphic materials included in the Board agenda
packet must submit said material a minimum of 3 weeks prior to the respective
Af f iant further says that the said Naples Da: public hearing. In any case,written materials intended to be considered by the
Board shall be submitted to appropriate County staff at minimum of seven days
News is a newspaper published at Naples, in sa: pricy to the public hearing. All material used in presentations before the Board
Collier County, Florida, and that the said wit become a permanent part oftherecord.
Any person who decides to appeal a decision of the Board will need a record of the
newspaper has heretofore been continuously proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
day and has been entered as second class mail evidence upon which the appeal is based.
matter at the post office in Naples, in said If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled,at no cost to you,to the provision
Collier County, Florida, for a period of 1 yea. of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112,
next preceding the first publication of the (239)252-8380. Assisted listening devices for the hearing impaired are available in
attached copy of advertisement; and affiant the County Commissioners'Office.
PY BOARD OF COUNTY COMMISSIONERS
further says that he has neither paid nor BOARD OF ZONING APPEALS
Y P COLLIER COUNTY,FLORIDA
promised any person, firm or corporation any FRED W.COYLE,CHAIRMAN
discount, rebate, commission or refund for the DWIGHT E.BROCK,CLERK
purpose of securing this advertisement for By: Martha Vergara,Deputy Clerk
publication in the said newspaper. (SEAL)
August 24 2012 No 1459794
PUBLISHED ON: 08/24
AD SPACE: 86 LINE
FILED ON: 08/24/12
AWE,
Signature of Affiant _ Wriftrit.'r
Sworn to and Subscribed b: , ore me s 0 clay of �, �,_,)��_ 20 ,
• QS,Y CAROL PAWLINSKI
Personally known by me ;:__ MY COMMISSION#EE 45538
EXPIRES:November 28,2014
pd '' Bonded Thru Pichard Insurance Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
7 G
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Judy Puig GMD Planning &
Regulation/Operations
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County ini
Commissioners
6. Minutes and Records Clerk of Court's Office
1)40A n fri(j'2_
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Mike Sawyer Phone Number 252-2926
Contact
Agenda Date Item was September 11,2012 Agenda Item Number 17G
Approved by the BCC
Type of Document Resolution ��t�] , \'5 Number of Original 1
Attached ` V� r Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions,etc. signed by the County Attorney's Office and signature pages from
contracts, agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the ,ffS
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's WS'
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified.Be aware of your deadlines!
6. The document was approved by the BCC September 11,2012 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
1 ? G
MEMORANDUM
Date: September 13, 2012
To: Mike Sawyer, Project Manager
Zoning & Land Development Review
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2012-154/CU-PL2011-1157 — Ichthyo Park
Attached for your records is a copy of thedocument referenced above, (Item #11C)
adopted by the Board of County Commissioners on September 11, 2012.
The Minutes and Record's Department will hold the original document in the Board's
Official Records.
Thank you.
Attachment
17 G
RESOLUTION NO. 12- 1 54
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
AN EDUCATIONAL AQUARIUM WITHIN AN
AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO
SUBSECTION 2.03.01.A.1.c.3 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH,
RANGE 26 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. 2004-41, 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 (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a duly noticed public hearing as
required by the Collier County Land Development Code, and has considered the advisability of a
Conditional Use of an educational aquarium within an Agricultural (A) Zoning District pursuant
to Subsection 2.03.01.A.1.c.3 of the Collier County Land Development Code on the property
hereinafter described. The Collier County Planning Commission has made findings that the
granting of the Conditional Use will not adversely affect the public interest and the specific
requirements governing the Conditional Use have been met and 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:
Petition Number CU-PL2011-1157 filed by Tim Hancock, AICP of Davidson
Engineering, Inc., representing Viktor Jarikov and Iryna Labachova with respect to the property
hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use
for an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection
2.03.01.A.1.c.3 of the Collier County Land Development Code, in accordance with the
Ichthyo Park/CU-PL2011-1157
Rev. 07/03/12
Page 1 of 2
17G
Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit
"C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote this f i day of
6.EK, 2012.
ATTEST: BOARD OF ZONING APPEALS
DW1G 1E.;BROCK, CLERK COLLIER COUNTY, FLORIDA
B
{ 1 ..to Jerk FRED W. COYLE, Chairm
Approved as to form
and legal sufficiency:
l., A- ( 4o
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C—Conditions of Approval
11-CPS-01122/24
Item#
Agenda CI I �Z
Date
Date 9 I t 3h Z
Rec'
Ichthyo Park/CU-PL2011-1157
Rev. 07/03/12 Deputy Clerk
Page 2 of 2
1 G
LEGAL DESCRIPTION
THE EAST 1/4 OF THE NORTHEAST '/4 OF THE SOUTHEAST 1/4, SECTION 23,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE SOUTHERLY 768.5
FEET THEREOF, COLLIER COUNTY, FLORIDA.
11-CPS-01122\4
EXHIBIT A
Ichthyo Park\CU-PL2011-115 7
10/25/11
,.,,a.. ... ..-.A...;, ..... ■ -.. ,- Y ate.. • .._ ... .. .._
MORGAN ROAD ZONING: A-AGRICULTURAL
(PRI VA TE ROAD) LAND USE: VACANT
FUTURE LAND USE: URBAN RESIDENTIAL FRINGE SUBDISTRICT
•
IT. .r.. I — um. I .../ — 1 ....1 ...a I — — I 1• .... I !• s 1 r
gI �'..;.. ,'.:.• ..• . .: -.a.y . . ,...mw
. . . oa
I
•
i /15111%, ,,,--
ti '•,: gym = . . . rORt
m�0 -1ZZ
r� C v
cat $ J mc¢Z�
z
� " rrn C) •m -°o Igg -� �„ Y.r --
co --11
_ c
X it Co • - z_ A : °
7J g
RI g "or
mm rqb.
p . . . . .. . .. .. . ...
4 -.....1:::....".-...if-:::::::::::::.::.::::::::. ( 4'\___ -- . . . . . .
SrQ / / i / A..-./ •'
M 2
° c
P
jiji h ii $ •0 i:iLüiiI zip � m xin . -- ..• x 0 ¢ l a §1 1,1 �,9:: 5 i s 114;41 ^ i <T ' l i A "Si i a i 1;11 V 4 5 5 6
mil l.. 5a y a 1 Ha 1 I g - 34f-, g g
D - a ;ath zy
P s „ r � � r y� 9 „$„ . ® 9 9 99 a 9 2 0 Pii ig
a
pi Ili!
IA -C M.Z-7 x s
11311i 9ii9§ 6 4 I1I4
C7 IP 1 ° i ., 0 4 i g ills 1
316 MORGAN DRIVE ' BAW
CONDff10NALU5Er �
VIKTORJARRNOV1 r,.r�x.
P.S�YI)? RId RYNA UIEACANE ..
�,.��
'^sy� N+ACS,FL 3.11,1 nm
t .�,.. MASTER CONCEPT PLAN +OI ._
R2M N.... FO..N.m. -
OYOW o11�W�i mv,m
Exhibit B
17G
CONDITIONS OF APPROVAL
FOR
CU-PL2011-1157
1. All promotional materials, brochures and advertising will include a statement that groups
of more than 6 persons will be by appointment only.
2. No vehicles with a capacity of more than 24 passengers will be admitted to the site unless
and until a minimum pavement width or stabilized roadway width of 20 feet for the
length of Morgan Road is established.
3. Prior to issuance of the Certificate of Occupancy for the educational aquarium, signage
will be posted (FDOT quality) at each end of Morgan Road indicating "Two-way traffic,
narrow road, use caution".
4. Vending machines, if used, shall not be visible from property lines.
5. The hours of operation shall be 9:00 am to 6:00 pm, except for special events which will
be by special event permit.
6. If the County constructs a County owned roadway adjacent to the eastern property line of
this parcel, the owner shall have no expectation of the installation of a noise wall.
7. Owner shall pay up to $2,000.00 per year to fix pot holes on Morgan Road.
8. No sale of fish species on site is allowed.
9. The County relies on owner's representation that it has valid and lawful access to the
subject site through Morgan Road. In the event that access to the subject site is
determined not to be valid and lawful, then this conditional use shall be suspended until
owner establishes valid legal access to the subject site.
EXHIBIT C
Ichthyo Park \CU-PL2011-1157
Rev. 07/03/12