Resolution 2009-150
RESOLUTION NO. 09 _ 1 50
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USES TO ALLOW A CULTURAL ECOLOGICAL OR
RECREATIONAL FACILITY PURSUANT TO THE LAND DEVELOPMENT
CODE (LDC) SECTION 2.03.01.A.l.C23; TO ALLOW AQUACULTURE FOR
NON-NA TIVE OR EXOTIC SPECIES PURSUANT TO LDC SECTION
2.03.01.A.l.C5; AND TO ALLOW COMMERCIAL PRODUCTION, RAISING OR
BREEDING OF EXOTIC ANIMALS, PURSUANT TO 2.03.01.A.l.C25: ALL FOR
A 21::1:: ACRE TRACT LOCATED ON INEZ ROAD, APPROXIMA TEL Y ONE
QUARTER MILE SOUTH OF KEENE A VENUE IN SECTION 30, TOWNSHIP 49
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. 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 public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Uses to allow a
cultural ecological or recreational facility pursuant to the Land Development Code (LDC) Section
2.03.01.A.l.C23, to allow aquaculture for non-native or exotic species pursuant to 2.03.01.A.l.C5
and to allow commercial production, raising or breeding of exotic animals pursuant to
2.03.01.A.l.C.25 on the property hereinafter described in Exhibit B, and the Collier County Planning
Commission has found as a matter of fact (Exhibit A) that satisfactory provision and arrangement
have been made concerning all applicable matters required by said regulations and in accordance
CU-2003-AR-3725 NGALA Page 1 of 3
Revised 04/23/09
with Subsection 10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
The petition filed by Close Up Creatures, Inc., d/b/a NGALA, represented by Robert J.
Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman,
Johnson, Y ovanovich & Koester P.A., with respect to the property hereinafter described in Exhibit B
be and the same is hereby approved to allow a cultural ecological or recreational facility in the Rural
Agricultural (A) Zoning District pursuant to the Land Development Code (LDC) Section
2.03.01.A.l.C.23, to allow aquaculture for non-native or exotic species pursuant to 2.03.01.A.l.C.5
and to allow commercial production, raising or breeding of exotic animals pursuant to
2.03.01.A.l.C.25 in accordance with the Site Plan attached as Exhibit C and subject to the conditions
set forth in Exhibit D attached hereto and incorporated 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 q+lv day of
:Tu.ne...
,2009.
ATTEST:
DWIGl:tJ'p~ 13.ROCK, CLERK
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Appr~rv.ed as t9' ~onn and
legal sufficiency:
L7.wL-
Steven T. Williams
Assistant County Attorney
51".,)
't..zS.o4ll
BOARD OF ZONING APPEALS
COLL)(J COUN. TY, FLORIDA
By IjJ~ d~
DONNA FIALA, CHAIRMAN
CU-2003-AR-3725 NGALA
Revised 04/23/09
Page 2 of 3
Attachments: Exhibit A-Findings of Fact
Exhibit B-Legal Description
Exhibit C-Site Plan, dated March 24, 2009
Exhibit D-Conditions of Approval
CU-2003-AR-3725 NGALA
Revised 04/23/09
Page 3 of 3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. 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 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 & egress
Yes ~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or vAffect mitigated by ~1o~LS (J."-.l c\ lov-.~rj
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
~ I:A C
DATE: j. \ .~,' D \
CHAIRMAN:~(~. ~~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COM:MISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. 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:l.- 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 'f- No
Based on the above findings, this conditional use should, with stip
recommended for approval to the Board of Zoning Appeals.
DATE: MIYK~ \C~ ( ?a17
('~~_.f:.:H.---.
~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. 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:
YesL 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
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects :
--.L.." No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible 7tbin district
Yes No
DATE:
MEMBER:
Based on the above findings, this conditional use should, wi
recommended for pproval to the Board of Zoning Appeals.
ulations, (copy attached) be
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
--4-
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. 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:
./N-o 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 fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
~lAl.,.. ~.
/.,~
DATE: -:) -if ~O'?
EXHIBIT A
j8 ..d(;a:T b I ~ -< /v-r-;j
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. 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 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 & egress
Yes V" No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
V"" No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ../ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: Y-/7'- 0 P
MEMBER: ;W ~~~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. 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
lA-~/JlJ~ {)NJ....Y I?:JU~&3J tJtt~ 4- 1--/ fl4..0S
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
o ATE: f'v1 It I€.C. H 'Cf I J.-ooCj
MEMBER: f-IM7r1"--. ~d ~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMM:ISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. 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 wi,the Land Development Code and Growth Management Plan:
YesL 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 in7ess egress
Yes No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
J 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
Yesl No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
rc:~ornmended for approval to the Board of Zoning Appeals.
DATE: -1) J q ) cfi
I / I
MEMBER: --li<~ Q,~
/
EXHIBIT A
C U-2003-AR-3725
NGALA Conditional Use
Project: 2002090086
Date: 6/10/08
LEGAL DESCRIPTION:
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND
THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 AND THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLlER COUNTY, FLORIDA.
o IeCreOVIE n
~ JUN 1 0 2008 U
L::;J
CU-2003-AR-3725
Exhibit B
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Exhibit C
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CU-2003-AR-3725
NGALA
CONDITIONS OF APPROVAL
I. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Nagala," prepared by RW A Consultants, Inc., dated March, 2008,
and last revised February 9, 2009, and as further limited below. The site plan
noted is conceptual in nature for conditional use approval. The final design must
be in compliance with all applicable federal, state, and county laws and
regulations, and receive appropriate and required approvals thru all federal, state
and county agencies.
2. There shall be no more than 1,000 guests on site at anyone time.
3. Visitors shall be transported to the site using buses, van or limousines. Visitor
arrival by private vehicle is prohibited.
4. Overnight stays by visitors/patrons is prohibited.
5. The facility shall not be open to the general public. All visitors must be guests
by prior appointment only.
6. Upon issuance of any tropical storm or higher intensity storm watch or warning,
the property owner shall ensure that all tents and any other temporary structures
are disassembled and removed from the site, or secured on site, immediately.
7. Parking on site is limited to the three gravel parking areas shown on site; unless
additional approvals are sought and approved thru the SDP or SIP processes.
8. Note #4 on the site plan shall be revised to indicate that any future expansion
shall be subject to complete review in compliance with the applicable
requirements/processes in effect at the time. This Conditional Use approval
shall not usurp the need for any required development order (or amendments) or
permit approvals.
9. Any change in use of the existing single family house shall be subject to review
as a change of use to include, but not limited to review of the use for issues such
as, but not limited to, handicap access, landscaping and parking for the proposed
use.
10. Within 90 days of the approval of this Conditional Use application, the
developer shall submit a complete Site Improvement Plan Application to depict
existing and proposed structures and uses.
Revised 4/2/09
EXHIBIT 0
page 1 of 2
11. Event hours shall be limited. No event can commence before 8:30 a.m. Five
events per week may remain open until 11 p.m., all other events must end by 8
p.m. on any day of the week, except that any New Year's Eve event may remain
open until I a.m., however, no more than 150 events ending after 8 p.m. shall be
allowed per year. Staff, such as clean up crews, may remain beyond the time
the event closes.
12. The developer shall retain a 30-foot wide indigenous buffer area around the
entire site, except for the preserve area and those areas shown on the site plan
where existing structures or improvements encroach. In those areas where such
encroachments exist, the development shall comply with this buffer requirement
to the maximum extent possible. Any further expansion of the uses or additions
to existing structures or new structures on site shall require that this buffer,
where the vegetation does not achieve opacity to a height of six feet, be
augmented to provide two rows of #10 shrubs that are 4 foot on center, 60
inches high at time of planting. The shrubs shall be maintained at least at that
height. The buffer shall also include a double row of staggered trees, with the
trees to be a minimum of lO-feet high, with a four-foot spread and a 1.5-inch
caliper at time of planting. The trees shall be maintained at no less than 10 feet
high.
13. All additions to any existing or any new structures or tents shall not be located
closer than 60 feet from any property lines abutting or within Kearney A venue
or Inez Road.
14. This project must obtain an Environmental Resource Permit from the South
Florida Water Management District.
15. Additional Environmental Conditions:
a) Provide a Preserve Management Plan on the Site Plan including methods
of exotic vegetation removal and maintenance along with Florida black bear and
Big Cypress fox squirrel Management Plans.
b) Fulfillment of any Florida panther mitigation as required by either the
United States Fish and Wildlife Service or the Florida Fish and Wildlife
Conservation Commission.
c) Provide a legally sufficient title opinion and conservation easement. The
Conservation Easement shall be recorded within 90 days of the determined final
Development Order.
16. Removal of fill from this site is prohibited.
Revised 4/2/09
EXHIBIT 0
page 1 of 2