Resolution 2012-154 RESOLUTION NO. 12- 154
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
lchthyo Park/CU-PL2011-1157
Rev. 07/03/12
Page 1 of 2
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.
fk
This Resolution adopted after motion, second, and super-majority vote this f f day of
Dee- v, 2012.
ATTEST: BOARD OF ZONING APPEALS
DWIGJT y. BROCK, CLERK COLLIER COUNTY, FLORIDA
1 k W. r
By:
ti FRED W. COYLE, Chairm
Approved as to form
and legal sufficiency:
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-PL2011-1 157
Rev. 07/03/12
Page 2 of 2
LEGAL DESCRIPTION
THE EAST '/ OF THE NORTHEAST 1/4 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-PL20I 1-1 157
10/25/11
MORGAN ROAD ZONING: A-AGRICULTURAL
(PRIVATE ROAD) LAND USE: VACANT
FUTURE LAND USE: URBAN RESIDENTIAL FRINGE SUBDISTRI
S
1 ism 1 mii ow l imi . 1 mot 1 mil moni I ' am
I Z slarz;
i 4 11c);111% '1—Z °z I ;h x
co - ;" J m•X7 I v m /�ti�
•m0 .. O ` 9`�zcv :.
m r UOC I gn 7T: M& _ •
Z y s v- l "-y '' . •
RI _ �, c<A icm
s a
...... . ;
fl e
co
r . . . .. . . . ._
..• .•..•..... • ...........
CD
C�
d
c
0,
17
IIIIIJIiI x 111 yimy D a ' !I!i ¢ l l i .E : 11 1 %Hi $ 11 ill 11/a 1
111 ii0 CO; ��� g� C � r yiiiii . ili�ling I 1 1 ' 4o Iiiilli
.: gl;.•` d I CD
11 0.i iiiiig ro)1 3 ; 1 1g ! !! ii ill
— •^°�0" 316 MORGAN DRIVE
' C1oen ,u.n Acnenw
v a �min L CONOfTIONAL USE HOOP J4pltpVa ..��' --
il
j ..`,,,,:`„�'� TER CONCEPT PLAN ;P'"y�N °Ni�' •
e ww.., n r.nwr.w
Exhibit B
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-PL2011-1 157
Rev. 07/03/12