Agenda 09/11/2012 Item #17G9/11 /2012 Item 17.G.
EXECUTIVE SUMMARY
Recommendation to approve CU- PL20110001157: Ichthyo Park Conditional Use, for the
establishment of a Conditional Use to allow an educational aquarium within an
Agricultural (A) Zoning District pursuant to Subsection 2.03.0l.A.l.c.3 of the Collier
County Land Development Code for property located in Section 23, Township 50 South,
Range 26 East, Collier County, Florida.
nP._TF.CT1V1P
To have the Board of Zoning Appeals (BZA) consider an application for a Conditional Use
pursuant to the Land Development Code (LDC) Section 2.03.0 LA.l.c. of the Rural Agricultural
Zoning District. The conditional use being requested is as follows: Number 3, to allow an
aquarium.
CONSIDERATIONS:
The purpose of this petition is to obtain a Conditional Use approval to allow a privately owned
Aquarium. Aquariums are listed as Conditional Use three (3) in this zoning district pursuant to
LDC Section 2.03.01.A.1.c.3. The site is currently developed as a single - family residence with
an art studio /gallery that was used by the previous owner for private art gallery events. The
project site has unimproved parcels to the north, west and east. To the south is an existing
single - family residence. Access to the project is provided by Morgan Road which is a private
road that intersects with Sabal Palm Road to the south.
According to the petitioners' application the proposed Aquarium will utilize the fonner art studio
and gallery space and will not require expansion of the current building footprint. The Master
Concept Plan shows proposed parking facilities, additional minor site improvements, and two
methods of providing site egress at the southeast corner of the parcel. Ingress and egress are
provided on the site in a single lane loop configuration. Egress currently occurs on the adjacent
residential parcel to the south with the second/optional method of egress shown slightly to the
north within parcel limits. The petitioner further states that the former owner operated the
Jonathan Green Studio which held private gallery events two to four times per month and that
approximately 50 -300 guests attended. The events were conducted on a "by invitation only"
basis. Staff has researched and determined that the previous art studio /gallery operated using a
home occupational license. The application indicates that the proposed Aquarium will have less
traffic than the previous gallery and will operate from 9:00 am to 6:00 pm, 365 days per year
with special events limited to perhaps once or twice per year. The applicant also indicates that if
food or beverage services are provided it will be by vending machines.
FISCAL IMPACT:
Approval of the Conditional Use, in and of itself, would have no fiscal impact on Collier County.
There is no guarantee that the project, at build out, would maximize its authorized level of
development, however, if the use were approved, a portion of the existing land would be re-
CU- PL2011 -1157, Ichthyo Park
August 10, 2012 (revised August 16, 2012)
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9/11/2012 Item 17.G.
developed however the new re- development would likely not result in an impact on Collier
County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay a portion of the estimated Transportation
Impact Fees associated with the project in accordance with Chapter 74 of the Collier County
Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include
building permit review fees. Please note that impact fees and taxes collected were not included
in the criteria used by staff and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property has a zoning designation of
Agricultural (A), and further designated within the Urban Mixed Use District, Urban Residential
fringe Subdistict, on the Future Land Use Map (FLUM) of the Collier County Growth
Management Plan (GMP).
Based on the above analysis, staff finds the above request consistent with the Future Land Use
Element, Future Land Use Map of the Growth Management Plan.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC did not review this petition because the project did not fall within the powers and
duties, or scope of land development project reviews for the EAC pursuant to Code of Laws and
Ordinances Section 2 -1193 Powers and Duties.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition CU- PL20110001157 on May 17, 2012, and by a unanimous vote of 9
to 0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a
recommendation of approval. The approval is subject to the following Staff conditions of
approval 1 through 3 and six additional conditions, conditions 4 through 9, added by the CCPC:
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 ".
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August 10, 2012 (revised August 16, 2012)
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9/11/2012 Item W.G.
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.
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.
Because no letters of objection have been received, this petition has been placed on the Summary
Agenda.
LEGAL CONSIDERATIONS:
Before you is a recommendation by the Planning Commission for approval of a conditional use
authorizing an educational aquarium in the Agricultural (A) zoning district. A conditional use is
a use that is permitted in a particular zoning district subject to certain restrictions. All testimony
given must be under oath. The attached report and recommendations of the Planning
Commission required are advisory only and are not binding on you. Petitioner has the burden of
demonstrating that the necessary requirements have been met, and you may question Petitioner,
or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting
the necessary criteria, you may place such conditions and safeguards as you deem appropriate to
allow the use, provided that there is competent, substantial evidence that these additional
conditions and safeguards are necessary to promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a
further condition of approval of the conditional use, you may require that suitable areas for
streets, public rights -of -way, schools, parks, and other public facilities be set aside, improved,
and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of
the Petition is by Resolution. The proposed Resolution was prepared by the County Attorney's
Office and is legally sufficient for Board action. An affirmative vote of four is required for
Board approval (HFAC)
RECOMMENDATION:
Staff concurs with the recommendations of the CCPC and further recommends that the Board of
Zoning Appeals approve the request subject to the attached Resolution that includes both the
staff recommendation and the CCPC recommendation.
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August 10, 2012 (revised August 16, 2012)
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9/11/2012 Item 17.G.
PREPARED BY:
Michael Sawyer, Project Manager, Department of Planning and Zoning
Growth Management Division, Planning and Regulation
Attachments: 1) Staff Report 2) Location Map 3) Site Plan 4) Resolution 5) Application
CU- PL2011 -1157, Ichthyo Park
August 10, 2012 (revised August 16, 2012)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.G.
9/11/2012 Item 17.G.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
CU- PL20110001157: Ichthyo Park Conditional Use, 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.
Meeiing Date: 9/11/2012
Prepared By
Name: SawyerMichael
Title: Project Manager,Engineering & Environmental Servic
8/16/2012 2:29:36 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 8/16/2012 4:49:34 PM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 8/16/2012 4:58:41 PM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 8/20/2012 1:25:02 PM
Name: MarcellaJeanne
Title: Executive SecretaryTransportatior..Planning
Date: 8/21/2012 8:18:56 AM
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
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Date: 8/27/2012 2:36:58 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/28/2012 8:54:51 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/28/2012 4:53:29 PM
Name: OchsLeo
Title: County Manager
Date: 9/1/2012 12:48:08 PM
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9/11/2012 Item 17.G.
9/11/2012 Item 17.G.
C� county
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES
GROWTH MANAGERMENT DIVISION, PLANNING AND REGULATION
HEARING: MAY 17, 2012
SUBJECT: PETITION CU- PL20110001157, ICHTHYO PARK
PROPERTY OWNER/AGENT:
Owner(s): Viktor Jarikov and Iryna Labachova
316 Morgan Road
Naples, FL 34114
Agent: Tim Hancock, AICP
Davidson Engineering, Inc.
3530 Kraft Road, Suite 301
Naples, FL 34105
REQUESTED ACTION:
To have the Collier County Planning Commission (CCPC) consider an application for a
Conditional Use pursuant to the Land Development Code (LDC) Section 2.03.01.A.1.c. of
the Rural Agricultural Zoning District. The conditional use being requested is as follows:
Number 3, to allow an aquarium.
GEOGRAPHIC LOCATION:
The subject 9.17+ acre site is located at 316 Morgan Road, on the east side of Morgan
Road, +/ -4500 feet east of the intersection of Collier Boulevard (CR 951) and Sabal Palm
Road, and four tenths of a mile north of the intersection of Morgan Road and Sabal Palm
Road, in Section 23, Township 50 South, Range 26 East. (See location nzap on the
following page)
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ICHTHYO PARK CONDITIONAL USE
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9/11/2012 Item 17.G.
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9/11/2012 Item 17.G.
PURPOSE/DESCRIPTION OF PROJECT:
The Petitioner has applied for a Conditional Use as provided for in the Agricultural (A)
zoning district for a proposed privately owned Aquarium. Aquariums are listed as
Conditional Use three (3) in this zoning district pursuant to LDC Section 2.03.0l.A.l.c.3.
The site is currently developed as a single - family residence with an art studio /gallery that
was used by the previous owner for private art gallery events. The project site has
unimproved parcels to the north, west and east. To the south is an existing single - family
residence. Access to the project is provided by Morgan Road which is a private road that
intersects with Sabal Palm Road to the south.
According to the petitioners' application the proposed Aquarium will utilize the former art
studio and gallery space and will not require expansion of the current building footprint.
The Master Concept Plan shows proposed parking facilities, additional minor site
improvements, and two methods of providing site egress at the southeast corner of the
parcel. Ingress and egress are provided on the site in a single lane loop configuration.
Egress currently occurs on the adjacent residential parcel to the south with the
second/optional method of egress shown slightly to the north within parcel limits. The
petitioner further states that the former owner operated the Jonathan Green Studio which
held private gallery events two to four times per month and that approximately 50 -300
guests in attendance. The events were conducted on a "by invitation only" basis. Staff has
researched and determined that the previous art studio /gallery operated using a home
occupational license. The application indicates that the proposed Aquarium will have less
traffic than the previous gallery and will operate from 9:00 am to 6:00 pm, 365 days per
year with special events limited to perhaps once or twice per year. The applicant also
indicates that if food or beverage services are provided it will be by vending machines.
SURROUNDING LAND USE & ZONING:
North: Undeveloped Parcel, with a zoning designation of Planned Unit Development
(PUD), Hacienda Lakes.
East: Undeveloped Parcel, with a zoning designation of Agricultural (A).
South: Undeveloped Parcel, with a zoning designation of Agricultural (A).
West: Developed Single - family Residence with a zoning designation of Agricultural
(A).
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9/11/2012 Item 17.G.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property has a zoning designation of
Agricultural (A), and further designated within the Urban Mixed Use District, Urban
Residential fringe Subdistict, on the Future Land Use Map (FLUM) of the Collier County
Growth Management Plan (GMP). Land Development Code (LDC) Section 2.03.01 for
Conditional Use (3) allows Aquarium as a Permitted Use (SIC- 8422). Aquariums are also
an allowable use under the Future Land Use Element Urban Designation (9) - Agriculture.
The criteria are stated in italics, followed by staff comments in Bold.
Policy 7.1, The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such connection can be
made without violating intersection spacing requirements of the Land Development Code.
The property does not abut collector or arterial roads. Therefore the proposed use
may be found consistent with this policy.
Policy 7.2, The County shall encourage internal accesses or loop roads in an effort to help
reduce vehicle congestion on nearby collector and arterial roads and minimize the need for
traffic signals. As depicted on the Master Concept Plan, Morgan Road (a private
roadway) is accessed from Sabal Palm Road and ends to the north, with an ingress
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9/11/2012 Item 17.G.
entering the site located at 316 Morgan Road. The entry drive loops in front of the
current single family residence and exits the parcel to the south at the abutting
residence at 308 Morgan Road. Should an egress access agreement with the
neighboring property not be possible the Master Conceptual Plan provides for an
optional egress exit from the subject parcel directly to Morgan Road. Therefore the
proposed use may be found consistent with this policy.
Policy 7.3: All new and existing developments shall be encouraged to connect their local
streets and their interconnection points with adjoining neighborhoods or other
developments regardless of land use type. The Master Concept Plan and as referenced
on page two of the applicants "Growth Management Plan Consistency" response to
Policy 7.3, shows the subject site surrounded by vacant lands to the north, west and
east with a single family residence to the south. Potential for agriculturallresidential
development exist, however pedestrian or vehicular interconnection may not be
feasible due to the type of development proposed. Therefore the proposed use may be
found consistent with this Policy.
Based on the above analysis staff finds this request consistent with the Future Land Use
Element of the Growth Management Plan.
Transportation Element (TE): The Traffic Impact Statement (TIS) indicates that the
adjacent roadway network has sufficient capacity to accommodate this project within the 5
year planning period. Therefore, the subject application can be found consistent with
Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP).
County Road 951 (Collier Boulevard) Im ap cts:
The first link that is impacted by this project is Link 35.0, Collier Boulevard from
Rattlesnake Hammock to Tamiami Trail. The project generates 5 p.m. peak hour, peak
direction trips, which represents a 0.15% impact. This segment of Collier Boulevard
currently has a remaining capacity of 1,433 trips, and is currently at LOS "C" as reflected
by the 2011 AUIR.
No subsequent links beyond this segment of Collier Boulevard are significantly impacted
by this project.
Note: Sabal Palm Road is not a roadway link that is monitored for concurrency or analyzed
for consistency with policy 5.1 of the Transportation Element.
Conservation and Coastal Management Element (COME): Staff finds the project to be
consistent with the Conservation & Coastal Management Element (CCME). This project
was not required to go before the Environmental Advisory Council Board (EAC) as it does
not meet the required criteria for review by the EAC as found in Division 23, Section 2-
1193 of the Collier County Code of Ordinances. The project site consists primarily of
wetland vegetation including cypress and pine- cypress - cabbage palm habitats with varying
degrees of exotic vegetation. A minimum of 15 % of the existing native vegetation shall
be placed under preservation and dedicated to Collier County. The proposed 0.53 acre
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wetland preserve area is located in the north west portion of the project site. There are no
proposed impacts to any of the onsite wetland habitats.
ANALYSIS:
Before any conditional use can be recommended to the Board of Zoning Appeals (BZA),
the Planning Commission must make a finding that: 1) granting approval of the conditional
use will not adversely affect the public interest; 2) all specific requirements for the
individual conditional use are met; and 3) satisfactory provisions have been made
concerning the following matters, where applicable:
Section 2.03.0l.A.l.c.3 of the LDC permits conditional uses in the Agricultural
Zoning District.
The requested use for an aquarium is permitted as a conditional use in the Agricultural
(A) Zoning District, subject to the standards and procedures established in section
10.08.00, Conditional Uses Procedures, of the LDC.
2. Consistency with the Land Development Code and the Growth Management Plan.
As noted above, this proposal is consistent with the applicable provisions of the FLUE,
the Transportation Element and the CCME Element; therefore the petition is consistent
with the, overall GMP. With the conditions of approval included by staff, the proposal
may also be found consistent with all of the applicable provisions of the LDC.
3. Ingress and egress to the 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.
As shown on the Master Concept Plan vehicular access to the site is provided on
Morgan Road. In its current configuration Morgan Road is a private single lane road
that is located within legal easements starting at Sabal Palm Road and ending at this
project. Due to the single lane access the petitioner has agreed that vehicles going to
and from the site to visit the aquarium should be limited and staff has reiterated this
requirement in staff's conditions 1, 2 and 3. Limiting traffic will help to control traffic
flow and ensure visitor as well as neighborhood safety. With regard to traffic on public
right -of -ways, Transportation Planning staff indicates that they have reviewed this
petition and determined that there are no outstanding issues concerning vehicular access
and traffic control.
4. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
Because the propose educational aquarium will experience traffic loads that are higher
than most residential neighborhoods, especially those in the Agricultural District, there
is a potential for additional traffic related noise, however the staff, s recommended
conditions 1 -3 should reduce this potential. Odors resulting from the aquarium
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operation will be controlled as part of regular best practices operations, inspections and
control procedures. Noise from these operations will be minimal and performed by the
owner operators of the aquarium. Noise related to special events will be limited to the
two such events per year outlined in the application which as noted above is less than
the 24 to 48 events per year rate that occurred at the previous art studio operation.
Staff is of the opinion that the proposed project will not generate additional noise, odor
or otherwise generate economic impact on the neighborhood.
5. Compatibility with adjacent properties and other property in the district.
As previously noted the site is surrounded by agriculturally and PUD zoned lands. On
the north east and west the parcels are undeveloped. The Hacienda Lakes PUD to the
north contains a mix of permitted uses with residential use shown on the master plan
adjacent to this project. On the south is an existing developed single family residence.
Along the Morgan Road easement there are scattered residential and agricultural uses
generally on similar sized parcels.
Staff believes that with the recommended conditions and the limited operating hours
proposed by the petitioner in the application as well as the two special event per year
limitation will be compatible with the neighborhood. Staff therefore believes that the
propose Conditional Use to allow an educational aquarium may be deemed compatible
with the neighboring properties. Furthermore, staff believes the recommented
conditions of approval adequately protect the public's interest
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agent/applicant duly noticed and held the required NIM on January 23, 2012, at 5:30
PM at the Family Church Naples, 3805 The Lords Way, Naples, Fl. Approximately eight
people from the public.. the applicant's team, and county staff were present.
Mr. Fred Hood, the applicants' agent presented an overview of the proposed aquarium
project which is to add an agricultural use within the existing +/ -7,000 square foot existing
building enclosure, providing landscaping buffer screening using existing plant materials to
minimum code standards, meeting code minimum native preserve standards using on -site
native plant materials, and adding pathways consistent with code required ADA access.
Mr. Hood also noted that the owner operators of the project will be the only employees and
that they anticipate 3 to 12 small groups per day attending the aquarium during season with
large groups by appointment only.
Several of the persons in attendance asked questions about the single lane road access with
special concern expressed regarding two way traffic on the single lane road. Hr. Hood
indicated that the applicant was willing to work with the neighborhood to address the issue
and that the anticipated traffic would be less than the previous art studio. The residents
expressed an interest in only seeking a fair share resolution.
CU- PL20110001157 Page 8 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012 (revised April 25, 2012, April 26 2012)
Packet Page -4216-
9/11/2012 Item 17.G.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition
CU- PL20110001157 to the Board of Zoning Appeals (BZA) with a recommendation of
approval, subject to the following conditions:
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 vehicle 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 ".
CU- PL20110001157 Page 9 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012 (revised April 25, 2012, April 26 2012)
Packet Page -4217-
9/11/2012 Item 17.G.
PREPARED BY:
. ' . Z-1
XfIC4EL SAWYER, tROJECT MANAGER DATE
DEPARTMENT OF L ND DEVELOPMENT SERVICES
REVIEWED BY:
RAYMOND V. BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF LAND DEVELOPMENT SERVICES
9 �
LLIAM D. LORENZ JR/, P.E., DIRECTOR DATE
DEPARTMENT OF LAND DEVELOPMENT SERVICES
APPROVED BY:
NICK CASAf-ANbUILYA—,ADMtNISTR.ATOR DATE
GROWTH MANAGEMENT DIVISION
Tentatively scheduled for the July 24, 2012 Board of County Commissioners meeting.
CU- PL20110001157 Page 10 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012
Packet Page -4218-
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISIONI
PLANNING AND REGULATION
T67, CoRnty
9/11/2012 Item 17.G.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 262 -6358
www.cdllier- gov.net
APPLICATION FOR PUBLIC HEARING FOR:
CONDITIONAL USE
PETITION NO (PL)
PROJECT NAME To be completed by staff
DATE PROCESSED
APPLICANT 114FORMATION
NAME OF APPLICANT(S): VIKTOR JARIKOV & IRYNA LABACHOVA
ADDRESS: 316 MORGAN ROAD CITY: NAPLES STATE: FL ZIP: 34114
TELEPHONE #.(239) 595 -8586 CELL #
E -MAIL: murmurzetka(a-)yahoo com
WNW
NAME OF AGENT: TIM HANCOCK, AICP
FIRM: DAVIDSON ENGINEERING, INC.
ADDRESS: 3530 KRAFT RD. SUITE 301 CITY: NAPLES STATE: FL ZIP: 34105
TELEPHONE ##: 239 - 4345060 CELL 0:
E- MAIL: t1mCa_r davidsonengineering.com
FAX #: 239 - 4346084
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE
YOU ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH
THESE REGULATIONS.
October 13, 2010
Packet Page -4219-
9/11/2012 Item 17.G.
Corve�,r Couxty
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 2522400 FAX (239) 252 =5358 `
www.colli6rgov.net
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this
petition. Provide additional sheets if necessary. Information can be found on the
Board of County Commissioner's website at http: /lwww.collieraov.net/lndex.aspx ?pace =774
NAME OF HOMEOWNER ASSOCIATION:
VERONA WALK HOMEOWNERS ASSOCIATION, INC.
C/O SOUTHWEST PROPERTY MANAGEMENT
1044 CASTELLO- DRIVE, SUITE 206
NAPLES, FL 34103
NAME OF HOMEOWNER ASSOCIATION:
LELY CIVIC ASSOCATION, INC.
275 FOREST HILLS BOULEVARD
NAPLES; FL 34113
NAME OF HOMEOWNER ASSOCIATION:
NAME OF HOMEOWNER ASSOCIATION:
LELY CIVIC. ASSOC
ATION
297 BAY MEADOWS DRIVE
NAPLES.: FL 34113
Packet Page -4220-
October 13, 2010
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
w &v county
9/11/2012 Item 17.G.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 252 -6358
www.colliermov.net
DISCLOSURE QF INTEREST INFORMATION
a. if the property is owned fee simple by an INDIVIDUAL, tenancy by the
entirety, tenancy in common, or joint tenancy, list all parties with an
ownership interest as well as the percentage of such interest. (Use
additional sheets if necessary).
B
C.
Name and Address
% Of
Ownership'
Viktor Jadkov
50%
fryna Labachova
50: %0
If the property is owned by a CORPORATION, list the officers and
stockholders and the percentage of stock owned by each.
% of
Name and Address Ownership
If the property is in the name of a TRUSTEE, list the beneficiaries of the
trust with the percentage of interest.
and Address
Packet Page -4221-
October 13, 2010
-a& Crt {. 9/11/2012 Item 17.G.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252:2400 FAX (239) 252- 6358
www.collieraov.net
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list
the name of the general and /or limited partners.
%o of
Name and Address Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals,
a Corporation:, Trustee, or a Partnership, list the names of the contract
purchasers below, including the officers, stockholders, beneficiaries, or
partners.
% Of
Name and Address Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list
all individuals or officers, if a corporation, partnership, or trust.
Name and Address
October 13, 2010
Packet Page -4222-
;. & 9/11/2012 Item 17.G.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAY, (239) 252 -6358
www.collierciov.net
g. Date subject property acquired February 11.. 2011 leased ❑ Term of
lease yrs. /mos.
If., Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates: , or
Anticipated closing date:
h. Should any changes of ownership or changes in contracts for purchase
occur subsequent to the date of application, but prior to the date of the
final public hearing, It is the responsibility of the applicant, or agent on his
behalf, to submit a supplemental disclosure of interest form.
PROPERTY LOCATION
Detailed legal description of the property covered by the application: (If space is
inadequate., attach on separate page.) If request involves change to more than one
zoning district, include separate legal description for properly involved in each
district. Applicant shall submit four (4) copies of a recent survey (completed within
the last six months, maximum 1" to 400' scale) if required to do so at the pre -
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Section/Township /Range 23/50 S 126 E
Lot: Block: Subdivision:
Plat Book Page #: Property I.D. #: 00436160006
Metes & Bounds Description: The East 1/2 of the Northeast'/ of the Southeast 1/4,
Section 23 Township 50 South Range 26 East Less the Southerly 768.5 feet thereof.
Collier County Florida
SIZE OF PROPERTY, ft. x ± 598.7 ft. = Total Sq. Ft,: ± 399.529 Acres: + 9.17
October 13, 2010
Packet Page -4223-
9/11/2012 Item 17.G.
r -`
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.collieraov.net
ADDRESS /GENERAL LOCATION OF SUBJECT PROPERTY: ± 4,500 feet East of the
intersection of Collier Boulevard (C.R. 951) and Sabal Palm Road and four tenths of a
mile north of the intersection of Moraan Road and Sabal Palm Road.
ADJACEI�IT ZONING A14D LAND USE
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property: (If
space is inadequate, attach on separate page).
Section/Township /Range / /
Lot: Block: Subdivision:
Plat Book Page #: Property I.D. #:
Metes & Bounds Description:
CONDITIONAL USE REQUEST DETAIL
Type of Conditional Use:
This application is requesting a conditional use - allowed per LDC Section 2.04.03 of the.A -
Agricultural zoning district for a small, privately operated, educational aquarium (type of use).
Present Use of the Property; Single — family residential and former art gallery.
October 13; 2010
Packet Page -4224-
Zoning
Land Use
N
A - A dcultural
Vacant
S
A - Agricultural
Single-family Residential
E
A - Agricultural
Vacant.
W
A - Agricultural
Vacant
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property: (If
space is inadequate, attach on separate page).
Section/Township /Range / /
Lot: Block: Subdivision:
Plat Book Page #: Property I.D. #:
Metes & Bounds Description:
CONDITIONAL USE REQUEST DETAIL
Type of Conditional Use:
This application is requesting a conditional use - allowed per LDC Section 2.04.03 of the.A -
Agricultural zoning district for a small, privately operated, educational aquarium (type of use).
Present Use of the Property; Single — family residential and former art gallery.
October 13; 2010
Packet Page -4224-
r county
9/11/2012 Item 17.G. I
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ MAPLES, FLORIDA 34104
PLANNING AND REGULATION (239)252 -2400 FAX (239) 252 -6358
www.collieraov.net
- EVALUATION CRITERIA I
Evaluation 'Criteria: Provide a narrative statement describing this request for conditional
use. -
NOTE- Pursuant to Section 10,08.00. of the Collier County Land Development Code, staffs
recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any, have been met, and
that further, satisfactory provision and arrangement have been made concerning the
following matters, where applicable. Please provide detailed response to each of the
criterion listed below. Specify how and why the request is consistent with each.
(Attach additional pages as may be necessary).
a. Describe how the project is consistent with the Collier County Land Development Code
and Growth Management Plan (include information on how the request is consistent with
the applicable section or portions of the future land use element):
Response: Please see `Attachment —A"
b. Describe the existing or planned means v
proposed structure thereon with particular
safety and convenience, traffic flow and
catastrophe:
f ingress and :egress to the property and
reference to automotive and pedestrian
control, and access in case of fire or
C.
Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare., economic impact and odor:
Packet Page -4225-
October 13, 2010
.. 9/11/2012 Item 17.G.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ {MAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 2s2 -2400 FAX (239) 252 -6358
www.colliergov.net
Green's works in. his ;personal studio.
The proposed educational anuaria use will yield far less vehicular traffic amountinn to.
.maybe. 30 vehicles per month.
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district:
Response: The subiect property is currently being used as a residence and in recent
Fringe Subdistrict future land use designation.
e. Please provide any..additional information which you may feel is relevant to this request.
Response: NIA.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such. restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
Response: The subiect property is not encumbered by any deed restrictions.
Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? if so, what was the nature of that
hearing?
Response: No.
Official interpretations or Zoning Verifications: To your knowledge,, has there been an
official interpretation or zoning verification rendered on this property within the last year?
❑ Yes Z No if so please provide copies.
Additional Submittal reauirements: In addition to this completed application., the following
must be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre - application meeting.
October 13, 2010
Packet Page -4226-
00)&r cmn y
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
a. A copy of the pre - application meeting notes;
9/11/2012 Item 17.G.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 252 -6358
www.co(iieraov.net
b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8%2" x 11" copy
of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following
[Additional copies of the plan may be requested upon completion of staff evaluation for
distribution to the Board and various advisory boards such as the Environmental Advisory
Board (EAB), or CCPCj;
• all existing and proposed structures and the dimensions thereof,
• provisions for existing and /or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure(s) on site),
• all existing and /or proposed parking and loading areas [include matrix
indicating required and provided parking and loading, including required
parking for the disabled],
• locations of solid waste (refuse) containers and service function areas,
• required yards, open space and preserve areas,
• proposed locations for utilities (as well as location of existing utility services to
the site),
• proposed and /or existing landscaping and buffering as may be required by the
County,
• location of all signs and iighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (EiS), as required by Section 3.8. of the Land
Development Code (LDC).
d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and /or, wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System.
e. Statement of utility provisions (with all required attachments and sketches);
A Traffic Impact Statement (TIS), unless waived at the pre- appiication meeting.
For TIS Guidelines and Procedures, please refer to the following link:
http://www.collierobv.net/index,aspx?paqe=566.
For additional questions, contact John Podczerwlnky, 239 - 252 -8192
g. A historical and afFcheological survey or waiver application if property is located within an
area of historical or archaeological probability (as identified at pre - application meeting);
October 13, 2010
Packet Page -4227-
-� 9/11/2012 Item 17.G.
C"T6, Cov'xty
COLLIER COUNTY GOVERNMENT 2800 FORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 349,04
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.col liergov.net
h. Fees: Reference Pre -app notes for required fees and verify .actual costs in current fee
schedule
i. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application: meeting, including but not limited to any required
state or federal permits.
October 13, 2010
Packet Page -4228-
COLLIER COUNTY GOVERNMENT
GRbWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
CaA`ie�'71caway
9/11/2012 Item 17.G.
280014ORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAY, (239) 252 -6358
wwwicollieraov.net
BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN
APPLICANT TO REMOVE THEIR PUBLIC. HEARING SIGN (S) AFTER, FINAL ACTION IS TAKEN BY THE
BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM,
PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGNjS) IMMEDIATELY.
RECORDING OF DEVELOPER COMMITMENTS
Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense
shall record in the Public Records of Collier County a Memorandum of Understanding of Developer
Commitments or Notice of Developer Commitments that contains the legal description of the property
that is the subject of the land use petition and contains each and every commitment of the owner or
developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the
County and shall comply with the recording requirements of Chapter 645, FS. A recorded copy of the
Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services
Department, within IS days of recording of said Memorandum or .Notice.
October 13, 2010
Packet Page -4229-
9/11/2012 Item 17.G.
col Lr coxnty
COLLIER COUNTY GOVERNMENT 2800 FORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 -
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 .-
www.collieraov.net
STATEMENT OF UTILITY PROVISIO14S
FOR CONDITIONAL USE REQUEST
APPLICANT INFORMATION'
NAME OF APPLICANT(S) VIKTOR JARIKOV & IRYNA LABACHOVA
ADDRESS 316 MORGAN. ROAD CITY NAPLES STATE FL ZIP 34114
TELEPHONE # (239) 595 -8586 CELL #
E -MAIL ADDRESS: murmurzetka(a7yahoo.com
FAX #
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 316 MORGAN ROAD
LEGAL DESCRIPTION
SectionlTownship/Range 23150 S 126 E
Lot: Block: .Subdivision:
Plat Book Page #: Property l.Dy #: 004:361.6000.6
Metes & Bounds Description: The East 1/2 of the Northeast'/ of the Southeast' /4.
Section 23 Township 50 South Range 26 East Less the Southerly 768.5 feet thereof.
Collier County Florida
TYPE OF WATER- SERVICE TO BE PROVIDED
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
Packet Page -4230-
October 13; 2010
TYPE OF SEWAGE DI5POSAL TO BE PROVIDED �
(Check applicable system).
a.
COUNTY UTILITY SYSTEM
❑
b.
CITY UTILITY SYSTEM
❑
c.
FRANCHISED UTILITY SYSTEM
❑
PROVIDE NAME
d.
PACKAGE TREATMENT PLANT
❑
(GPD capacity)
e.
SEPTIC SYSTEM
TYPE OF WATER- SERVICE TO BE PROVIDED
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
Packet Page -4230-
October 13; 2010
CofK 9/11/2012 Item 17.G.
er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ MAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -240D FAX (239) 252 -6358
www:coffieraov.net
c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME
d. PRIVATE SYSTEM (WELL) Y
TOTAL POPULATION TO BE SERVED: 39 patrons (3 GPD average)
PEAK AND AVERAGE DAILY DEMANDS:
A: WATER -PEAK 468 AVERAGE DAILY 117
B. SEINER -PEAK 468 AVERAGE DAILY 117
iF PROPOSING TO BE CONNEC'T'ED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED
NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding
the method of affluent and sludge disposal. If percolation ponds are to be used, then
percolation data and soil involved shall be provided from tests prepared and certified by a
professional engineer.
RESPONSE: The existing sanitary sewer will serve the proposed Project by directing all flow to an onshe septic
tank and drain6eld
COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the
services boundaries of Collier County's utility service system, written notarized statement
shall be provided agreeing to dedicate to Collier County Utilities the water distribution and
sewage collection facilities within the project area upon completion of the construction of
these facilities in accordance with all applicable County ordinances in effect at the at time.
This statement shall also include an agreement that the applicable system development
charges and connection fees will be paid to the County Utilities Division prior to the issuance
of building permits .by the County. If applicable, the statement shall contain shall contain an
agreement to dedicate the appropriate utility easements for serving the water and sewer
systems.
RESPONSE: Service and subsequent statement of dedication is contingent upon rezone approval and avallabilif
of public utilities. At this flme, cublic ufiilty connections are not available.
STATEMENT OF AVAILABILITY CAPACITY FROM; OTHER PROVIDERS: Unless waived
or otherwise provided for at the pre- application meeting, if the project is to receive sewer or
potable water services from any provider other than the County, a statement from that
provider indicating that there is adequate capacity to serve the project shall be provided.
RESPONSE: WA. _
f: oNDITIOi'AL,USE
{CU) APPLICATION
SUBMITTAL CHECKLIST
October 13, 2010
Packet Page -4231-
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DNISIONI
PLANNING AND REGULATION
�t3 NRAY
e,r (:;0U.Yity
AFFIDAVIT
9/11/2012 Item 17.G.
2800 NORTH HORSESHOE DRIVE,
MAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 252 -6358
www.collieraov.net
Well, Viktor Jarikov and iryna Labachova being first duly swom, depose and say that
well amlare the owners of the property described herein and which is the subject matter of
the proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter
attached to and made a part of this application, are honest and true to the best of our
knowledge and belief. Well understand that the information requested on this application
must be complete and accurate and that the content of this form, whether computer
generated or County printed shall, not be altered Public hearings will not be advertised until
this application is deemed complete, and all required information has been submitted.
As property owner Well further authorizec "t���C7R &� n4 O • to act as our /my
representative in any matters regarding this Petition.
Signs ure of Property Owner
Signature of Property Owner
V; k &/, V J-ai-, k—ov .TRyNA LxbAClHOVr4
Typed or Printed Name of Owner Typed or Printed Name of Owner
ti
The foregoing instrument was acknowledged before me this day of
20,� t_• byUk 0,-S �'W �i, 1(iltY.i AMbLOWho is personally known to me or has
produced as identification:
gnature otYRTotary Public)
M . Rublic state of Florida
tiF 1a18r1'
Remos
s MY GPmmi55lon pD789561 Se
oF�c..r�,nso5�tf3M�D12 (Print, Type, or Stamp Commissioned
Name of Notary Public)
October 13, 2010
Packet Page -4232-
0;
DAVIDSON
ENGINEERING
Growth Management Plan Consistency:
316 Morgan Road Conditional Use
9/11/2012 Item 17.G.
The proposed Conditional Use (CU) application furthers the vision of the Collier
County's Future Land Use Element. The Urban Residential Fringe Subdistrict and
following Objectives and Policies have been considered in this application:
Policy 5.3:
Discourage unacceptable levels of urban sprawl in order to minimize the cost of
community facilities by: confining urban intensity development to areas designated as
Urban on the Future Land Use Map; requiring that any changes to the Urban Designated
Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of
creative land use planning techniques and innovative approaches to development in the
County's Agricultural/Rural designated area, which will better serve to protect
environmentally sensitive areas, maintain the economic viability of agriculture and other
predominantly rural land uses, and provide for cost efficient delivery of public facilities
and services.
Response: The proposed CU does not contribute to urban sprawl
The subiect property is within the existing urban service area and will
not require any special or additional costs to provide necessary services.
The property is currently utilized as a residence and in recent vast also
operated as a private art gallery for the former occupant.
The property will not adversely affect the level of service of community
facilities as it is currently on a private well and septic system and will
continue to be until public utilities are provided in this area.
Policy 5.4:
New developments shall be compatible with, and complementary to, the surrounding land
uses, subject to meeting the compatibility criteria of the Land Development Code
(Ordinance 91 -102, adopted October 30, 1991, as amended.
Response: The subiect property is compatible with and complimentary to its vacant
and residential surrounding land uses
The property owner is seeking to provide a limited private educational
aquarium within the existing footprint of the Property's improvements
This additional use will educate patrons on the environment and
methods to enhance it while being complimentary and svmbiotic with its
natural surroundings
Icltthyo Park: 316 Morgan CU — GMP Consistency— 1
Attachment "A" v ✓ww.davidsonenginee-ing.com
Packet Page -4233-
9/11/2012 Item 17.G.
De
DAVIDSON
ENGINEERING
Policy 7.3
All new and existing developments shall be encouraged to connect their local streets and
their interconnection points with adjoining neighborhoods or other developments
regardless of land use type.
Response: The suhiect property is situated at the North end of Morgan Road
and is surrounded by Agricultural Toning. Vehicular and
pedestrian connections to parcels that are likely to he developed
as low - density residential and agricultural uses is not practical:
lchthyo Parr: 316 Morgan CU — GR4P Consistency— 2
Attachment "A" w%�nv.davidsonengineeriirg.com
Packet Page -4234-
De
DAVIDSON
ENGINEERING
Legal Description
316 Morgan Road Conditional Use
9/11/2012 Item 17.G.
THE EAST %2 OF THE NORTHEAST'/ OF THE SOUTHEAST 1/4 SECTION 23
TOWNSHIP 50 SOUTH RANGE 26 EAST LESS THE SOUTHERLY 768.5 FEET
THEREOF, COLLIER COUNTY, FLORIDA
Ichthyo Park: ;16 hhorgan CU — Legal Descrilrtion— 1
Attachment °B" � \, ,w.ciaviclsonengineering.com
Packet Page -4235-
T
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9/11/2012 Item 17.G.
ZONING: A- AGRICULTURAL
LAND USE: VACANT
FUTURE LAND USE: URBAN RESIDENTIAL FRINGE SUBDISTRICT
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INSTR 4542791 OR 4666 PG 740 RECORDED 3/30/2011 11:11 AM PAGES 2 9/11/2012 Item 17.G.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC @.70 $3,605.00 REC $18.50
CONS $515,000.00
Prepared by and Return to:
Craig D. Blume, Esquire
800 Harbour Drive
Naples, Florida 34103
Parcel I.D. (Folio) No 00436160006
Consideration $515,000.00
WARRANTY DEED
THIS WARRANTY DEED is made the
Florida limited liability company, whose
Florida 34145, hereinafter calle tig�s.
LABACHOVA, husband and . (W a post
New York 14616 hereinafter c e e Grantee:
WITNESSETH: Th
valuable consideration, rece
aliens, remises, releases, coi
Collier County, Florida, and
11th day of February, 2011 by 316 AH, LLC, a
ss is 440 Cottage Court, Marco Island,
TOR JARIKOV and IRYNA
office 4 ;s 138 Foreman Drive, Rochester,
tom✓
of the sum of $10 and other
ereby grants, bargains, sells,
that certain land situated in
The East 1/2 of the Northeas ? of the Southeast 4,�5 1 23, Township 50 South,
Range 26 East, Less the So ut 68.5 feet thereof, 1 ounty, Florida
TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or
in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized
of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey
said land; that the Grantor hereby filly warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2011; subject to easements,
restrictions and reservations of record common to the subdivision.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day
and year first above written.
Packet Page -4237-
* ** OR 4666 PG 741 * **
Signed, sealed and delivered
in our presence:
Printed Name of Witness No. 1
Printed Name of Witness No.
STATE OF LAY 1
COUNTY OF C% � ;
I HEREBY CERTIF
aforesaid and in the County
of 316 AK LLC, a Florida
identified with a drivers lice
acknowledged before me that he
oath.
9/11/2012 Item 17.G.
316 AFL LLC, a Florida limited liabililty
company
By: A� L.S.
L IA FOIANI, its Manager
on this day, befog e, ' r duly authorized in the State
'd to take acknow a peared Lucia Foiani, Manager
I iability company, ly known to me or who was
o e e foregoing instrument and he
cec f of said companies and did take an
WITNESS my hand and official seal in the County and State last aforesaid this
day of March, 2011.
C1 NU%:)
Not Public
(Printed Name of Notary)
Commission Expiration:
11"
commission co mi A. DAD 6 714
Expires May 1, 2011
f• ;:
zj4'Reth4�` po"dgT.uTiryFeinHmiwE0WBS7019
Packet Page -4238-
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LEGEND
SUBJECT PROPERTY
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X22EL DAVIDSON ENGINEERING, INC. ICHTHYO PARK: 316 MORGAN ROAD
e. -- 1 • J 1
NAPLES, FL 3415
1 ■
CIVIL ENGINEERING - PLANNING - ENVIRONMENTAL - LAND DEVELOPMENT SERVICES
June 7, 2012
Mike Sawyer
Project Manager, Zoning Services
Land Development Services Department
Growth Management Division, Planning and Regulation
2800 North Horseshoe Drive
Naples, Fl 34104
Re: Ichthyo Park
CU- PL2011 -1157
Dear Mike,
AGEN 9/11/2012 Item 17.G.
s
0 1• •
Please find below our responses and clarification to items of concern and conditions
addressed by the CCPC regarding the Ichthyo Park Conditional use:
1. All promotional materials, brochures and advertising will include a statement that
groups of more than 6 persons will be by appointment only.
Response: All promotional materials, brochures and advertising will include a
statement that groups of more than 6 persons will be by appointment only.
2. No vehicle 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.
Response: No vehicle with a capacity of more than 24 passengers will be admitted
to the site until the above mentioned roadway improvements are 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 ".
Response: Prior to the issuance of the CO, signage will be posted, complying with
FDOT standards, indicating "Two -way traffic, narrow road, use caution".
4. Vending machines if used shall not be visible from Right -of -way.
Response: If vending machines are used, they will not be visible from the right-of-
way.
3530 Kraft Road, Suite 301 . Naples, Florida 34105 • Phone: 239.434.6060 - Fox: 239.434.6084
Packet Page -4240-
9/11/2012 Item 17.G.
CIVIL ENGINEERING - PLANNING - ENVIRONMENTAL - LAND DEVELOPMENT SERVICES
1111 j 1111 •
The hours of operation shall be 9:00 am to 6:00 pm.
Response: The hours of operation will be from 9:00am- 6:00pm-
6. If the County constructs a County owned roadway adjacent to the eastern property
line of this parcel the owner shall not request the installation of a noise wall.
Response: The owner of the parcel will not request the installation of a noise wall,
should the County construct a County owned roadway adjacent to the eastern
property line.
7. Continuous legal access diagram for Morgan Road. (Revised).
Response: Attached is an updated and corrected Access Exhibit for Morgan Road
At the time of the initial CCPC hearing, the applicant and county attorney thought
that information provided by the Clerk of Courts office showed a 30' access over
the westerly portion of the parcel identified on the attached exhibit as property #4.
After a more careful inspection, the County Attorney noted that the legal
description for the document provided by the Clerk's office differed from prior legal
descriptions. Unfortunately, the document thought to be for Property #4 was
actually for a portion of property #3.
A more thorough search for past deeds for Property #4 turned up documents that
we of little help and in two cases, the official records are unreadable. Access over
property #10 was found and is attached, but specific access easements have not
been located for Property #4 and Property #11.
These lands at one time were owned by Robert and Judy Carter and parceled off
over time. Parcel #4 was created in or prior to 1979 and pre -dated subdivision
standards and requirements adopted by the State of Florida. However, as each
parcel was sold, a 30' easement for ingress and egress was incorporated into the
legal description by the Carters or prior owners. The exceptions appear to be
Parcels 4 and 11.
The remedy for this situation is as follows:
1. Title searches have been ordered for both parcel 4 and parcel 11 in fire
hopes that a prior Deed will show the easement for ingress and egress. This
title work will be completed prior to the CCPC hearing and will hopefully
clarify this issue with some finality.
z The Warranty Deed for the property from 1997 includes the language
"Subject to restrictions and easements common to the subdivision, if any,
3530 Kraft Road, Suite 301 - Naples, Florida 34105 • Phone: 239.434.6060 - Fax: 239.434.6084
Packet Page -4241-
CIVIL ENGINEERING • PLANNING • ENVIRONMENTAL • LAND DEVELOPMENT SERVICES
and taxes subsequent to 1997." Tire applicant contends that tlhe
establishment of easements, for Morgan Road, were in fact `common to the
subdivision' of land and that this language ensures access over and through
the western 30' of parcel 4 The owner therefore has legal access.
3. These lands were divided and sold prior to the creation of sub - division
standards and prior to the creation of the Urban/Rural boundary in Collier
County. Lands were originally carved out of the larger parcel under
common ownership. Easements for ingress and egress were routinely
established along Morgan Rd and no property owners have objected to
there being access to 316 Morgan Rd over their properties. In the absence
of providing proof of a recorded easement, the property owner is filing the
attached affidavit in the Collier County Official Records that recognize that
Morgan Rd is a private road and holds Collier County harmless in the event
of a dispute with regard to access to his property.
4. No extraordinary rights are conferred to the property owner through the
granting of this conditional use other than permitting an additional land
use. Access is not guaranteed through a conditional use and with the filing
of the attached affidavit, the petitioner recognizes and accepts that access to
his property is a private matter and that Collier County is not party to ally
access disputes in the future.
It is the applicants sincere hope that in the absence of a title search clearly showing
access on a given warranty deed for either parcel 4 or parcel 11, that tlhe matter as
outlined above is sufficient to grant approval of the Conditional Use.
8. Ichthyo Park shall provide up to $2,000.00 per year to assist in the repair and
maintenance of Morgan Road.
Response: Ichthyo Park will provide up to $2,000 annually to assist in the repair
and maintenance of Morgan Road
Should you have any questions or require any additional information, please feel free to
contact me at {239 }434 -6060 ext 2983.
Sincerely,
7�
Tim Hancock, AICP
Director of Planning
3530 Kraft Road, Suite 301 • Naples, Florida 34105 • Phone: 239.434.6060 • Fax: 239.434.6084
W - -= }g. corn
Packet Page -4242-
9/11/2012 Item 17.G.
Packet Page -4243-
9/11/2012 Item 17.G.
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Two acres, moz or lobs, Bwwffm at the Southwae+t cas:ser of
the SS 1/4 Of the = 1/4 of the BE 1/4 of Seation 23, Towabhip
90 e, 8enge 26 8, Collier County. Florida, =IL Wosthbrly alang
the West line at said BE 114 of the IM 1/4 of the BE 114 a
distance of 208.01: thence zM Easterly and pparallel to the
South line of said BE 214 of the 1138 1/4 of the BE 1/4 a diatanoe
of 411.01; thence Bout1=1y and parallel to the WaSt line of
the said 48 114 of the bib 1/4 of the BE 2/4 a distereae of
208.01; theecee rM westerig•alongg the South line bf the said
SE 1/4 or tM Ne 1/4 of the BE 174 a diataoas of 417.0' to the
V= OR DBOX1114110.
Subject to reatrictiona and r- semenes ao®ou to the subdivision,
if any, and taxes subsequent to 1947..•
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3785 AIRWRT ROAD N,
NAKJWFL 94tt15
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Order [QnickVlewj Dom FLCOLL:2276- 0034112021 Page i of 1 Gedted By: Oieming Printed: 3/141201111' 47:05 AM
Packet Page -4244-
9/11/2012 Item 17.G.
We, Viktor V. Jarikov and Iryna V. Labachova of Naples, FL, the owners of the property located
at the street address of 316 Morgan Rd., Naples, FL, 34114, attest to the following:
1. The property is identified by the tax parcel folio number 00436160006, Deed O.R. Book and
page 4666, 740. The following is the legal description of the property: the east %Z of the
northeast ' /< of the southeast V4, section 23, township 50 south, range 26 east, less the southerly
768.5 feet thereof, Collier County, Florida.
2. Morgan Road currently terminates at the southern property line of the aforementioned parcel.
Morgan Road is via a private, paved road, 0.35 miles long extending north from Sabal Palm
Road.
3. It is recognized that the access rights are personal rights between the grantor and grantee and
the County's approval of the use of the accessway in no way implies that the use is permitted.
4. The maintenance and upkeep of the accessway via Morgan Rd shall be the perpetual
responsibility of all the individuals or other entities holding ingress /egress rights to this
accessway. While there is no maintenance agreement in existence encompassing all of the said
individuals or other entities, we the undersigned pledge to spend up to $2000 per year on road
maintenance and repairs as required to keep the road in serviceable condition. To the best of our
current knowledge, there is one maintenance agreement recorded by the county between two
property owners dated July 23,1991, O.R. Book 001637, page 001164. The two owners
guarantee continuous maintenance for travel in all weather conditions until the road becomes
publicly maintained.
5. It is understood that any development order issued by Collier County proposing utilization of
the said accessway/Morgan Rd. shall contain a specific disclaimer from Collier County relating
to the County's obligation for the present or future maintenance or upkeep of the said
accessway/Morgan Rd.
6. We release and hold Collier County harmless in perpetuity for maintenance of the said
accessway/Morgan Rd.
Packet Page -4245-
9/11/2012 Item 17.G.
7. We propose no improvements to the said accessway/Morgan Rd. currently outside of the
maintenance responsibility identified in item 4 above.
8. The property currently has FPL electric service, private water well, septic tank system, and
CenturyLink telephone/intemet service. No Collier County Utilities are utilized at this time.
9. There are no County utilities on the property, hence, Collier County is, by definition, released
and held harmless in perpetuity for maintenance of such utilities.
10. Any issues involving the Department of Community Affairs reviewing and appealing any
development orders issued by Collier County within the Big Cypress Area of Critical State
Concern are not applicable.
12. There are no State or Federal permits required for our intended land use. Permits required
for business purposes will be acquired as necessary.
Viktor V. Jarikov
Date
hyna V. Labachova Date
Packet Page -4246-
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9/11/2012 Item 17.G.
ZONING: A- AGRICULTURAL
LAND USE: VACANT
FUTURE LAND USE: URBAN RESIDENTIAL FRINGE SUBDISTRICT
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9/11/2012 Item 17.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 2.03.0I.A.I.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 12-5. 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, arnong,
which is the orantina, 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 or an educational aquarium within an Agricultural (A) Zoning District pursuant
to Subsection 2.03.01.A.I.c.3 of the Collier County Land Development Code on the property
hereinafter described. The Collier County Planning Commission has made findinos 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 10.08.00.1). of'the Land Development Code: and
WHEREAS, all interested parties have been (Y' opportunity to be heard by this Board
given opportun
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-PI-2011-1157 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 ati Agricultural (A) Zoning District pursuant to Subsection
2.03.01.A.I.c.3 of the Collier County Land Development Code, in accordance with the
Ichthyo Park/CU -PL201 1 -1 157
Rev. 07/01112
Paae I of
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Packet Page -4249-
9/11/2012 Item 17.G.
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 _ day of
2012.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
. Deputy Clerk
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 ol'Approval
i.1- CPS -01 122/ 2d
Bv:
FRED W. COYLE, Chain-nan
1cliffivo Park/CU-PL2011-1157
Rev. 07/03! 12 Page 2 of 2
Packet Page -4250-
9/11/2012 Item 17.G.
LEGAL DESCRIPTION
THE EAST V2 OF THE NORTHEAST !/40F THE SOUTHEAST ' /,, SECTION 23,
TOWNSHIP 50 SOUTH, RANGE 26 EAST., LESS THE SOUTHERLY 768.5
FEET THEREOF, COLLIER COUNTY, FLORIDA.
11 -CPS -0 112214
lchtlivo Park \ CU-PL201 1 -1157
10/25/11
EXHIBTT A
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ZONING: A - AGRICULTURAL
LAND USE: VACANT
FUTURE LAND USE: URBAN RESIDENTIAL FRINGE SUEDISTRJCT
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9/11/2012 Item 17.G.
CONDITIONS OF API"ROVAL
FOR
CU-PL2011-11,57
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 passeng, ers 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, sicanage
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 1
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
L__
determined not to be valid and lawful, then this conditional use shall be Suspended until
owner establishes valid legal access to the subject site.
lchthvo Park \ CU-PL2011-1157
Rev. 07/03/ 12
EXHIBIT C
Packet Page -4253-
9/11/2012 Item 17.G.
ZO®)} Friday, August 24,2012 } }'NAPLES DAILY NEWS
NOTICE OF PUBLIC HEARING TO CON51DER A RESOLUTION
Notice is hereby given that the Board of County Commissioners, as the ,eoard 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 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 PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO AL-
LOW
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 Cierk'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 materi al used in presentations before the Board
will become a permanent part of the rer_ord.
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, whicn 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 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: MarthaVergara, Deputy Clerk
(SEAL)
�y9 ict 74 2012 No 1959744
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