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Backup Documents 09/11-12/2012 Item #17G 17G COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday,August 17, 2012, and furnish proof of publication to the attention of Mike Sawyer, Project Manager in the Department of Planning and Zoning,2800 North Horseshoe Drive,Naples,Florida 34104. ******************************************************************************************************* Originating Dept/Div: GMD/Planning and Zoning Person:Michael Sawyer,Project Manager Date: August 17,2012 Petition No.CU-P120110001157,Ichthyo Park Petitioner: Viktor Jarikov and Iryna Labachova,316 Morgan Road,Naples,Fl.34114 Name&Address of any person(s)to be notified by Clerks Office:Tim Hancock,AICP,Davidson Engineering,Inc.,3530 Kraft Road,Suite 301,Naples,Fl.34105 Hearing before: BZA Requested Hearing date:Tuesday, September 11,2012. Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used: Naples Daily News Proposed Text: See Attached Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131-138326-649100- 00000;Purchase Order Number: 4500096189;Account Number: 068779 Reviewed by: 4 Divisi Administrator or Designee Date List Attachments Resolution DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. ****************************************************************************************************** FOR CLERK'S O FIC USE ONLY: q22/1 Date Received: ( � Date of Public Hearing: 111 i ate Advertised: 1 7 G RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AN EDUCATIONAL AQUARIUM WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.1.c.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. WHEREAS,the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses;and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected,has held a duly noticed public hearing as required by the Collier County Land Development Code, and has considered the advisability of a Conditional Use of an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03,01.A.1.c.3 of the Collier County Land Development Code on the property hereinafter described. The Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code;and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL2011-1157 filed by Tim Hancock, AICP of Davidson Engineering, Inc., representing Viktor Jarikov and Iryna Labachova with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c.3 of the Collier County Land Development Code, in accordance with the Ichthyo Park/CU-mo t 1-1157 Rev.07/03/12 Page 1 of 2 7 G Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit "C".Exhibits"A","B", and"Cy'are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote this day of ,2012. ATTEST: BOARD OF ZONING APPEALS DWIGHT E.BROCK, CLERK COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: tA(ic le Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A-Legal Description Exhibit B -Conceptual Site Plan Exhibit C—Conditions of Approval 11-CPS-01122/24 Ichthyo Park/CU-PL2011-1157 Rev.07/03/12 Page 2 of 2 17G LEGAL DESCRIPTION THE EAST %a OF THE NORTHEAST Ya OF THE SOUTHEAST 1A, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE SOUTHERLY 768.5 FEET THEREOF, COLLIER COUNTY, FLORIDA. 11-CPS-01122\4 EXHIBIT A Ichthyo Park\CU-PL,2011-1157 10/25/11 . el ......1,,, ot. •-.11” P.01, I I ■■. . - MORGA1V ROAD ZONING: A AGRICULTURAL (PRIVATE ROAD) LAND USE: VACANT FUTURE LAND USE: URBAN RESIDENTIAL FRINGE SUBDISTRICT *. • I1 . ..... ■ ..... .0. 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P-1 0 F p 0 i . _____ §... ; . . t i * 2P1- 5,1 0, 0 r xt rta 44 6 " Ic 8g,,z. i; V:11 : .Mi5d A A 14 / DI v=. , lium 41 iii, 5 1 ., 1 i lii i i 1 1 1 o OD C V 0 - ct ; g Z7i WI G 4 i i isl - g 4t1 01 i ,,..- IR 8 ig , --- 111-visCean 1 i ...... 314 MORGAN CRATE CONCNTIONM.USE ' 1:4101.11 ...k ...''''' VIKTOR IASWOV L n. . -4---- • ■ , . IRYKA I,..7,140VA ..... _ I 1 q ?WERT 2 [ MAVEN CONCEPT PLAN _ ru■ ,...,.... ..t.........r...t.s. ""--. sky* ,... ..... .............. Exhibit B 1 7 G CONDITIONS OF APPROVAL FOR CU-PL2011-1157 1, All promotional materials, brochures and advertising will include a statement that groups of more than 6 persons will be by appointment only. 2. No vehicles with a capacity of more than 24 passengers will be admitted to the site unless and until a minimum pavement width or stabilized roadway width of 20 feet for the length of Morgan Road is established. 3. Prior to issuance of the Certificate of Occupancy for the educational aquarium, signage will be posted (FDOT quality) at each end of Morgan Road indicating "Two-way traffic, narrow road,use caution". 4. Vending machines, if used, shall not be visible from property lines. 5. The hours of operation shall be 9:00 am to 6:00 pm, except for special events which will be by special event permit. 6. If the County constructs a County owned roadway adjacent to the eastern property line of this parcel, the owner shall have no expectation of the installation of a noise wall. 7. Owner shall pay up to $2,000,00 per year to fix pot holes on Morgan Road. 8. No sale of fish species on site is allowed. 9. The County relies on owner's representation that it has valid and lawful access to the subject site through Morgan Road. In the event that access to the subject site is determined not to be valid and lawful, then this conditional use shall be suspended until owner establishes valid legal access to the subject site. EXHIBIT C lathy°Park CU-PL2011-1157 Rev. 07/03/12 NOTICE OF PUBLIC HEARING.TO CONSIDER A RESOLUTION EIS ira Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Apkal;s, of Collier county will hold a public hearing on.Tuesday, September 1.1, 2012, in the Boardrooms; 3rd Floor, Admin ctraticn- Building, Collier County Government Center, 32 Eas t Tamiami Trail, Naples, Florida. The meeting will be- gin at 9:00. A.M.;The title of the proposed resolution is:as follows: A RESOLUTION. OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORIDA..FROVI iNG FOR THE ESTABLISHMENT OF A CONDITIONAL U TO ALLOW AN..EDUC TIONAL.At AQUARIUM WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.D .n'l,A.;i.0 3 OF THE COLLIER COt IVIY LAND. DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH,`RANGE 26 FAST, COWER COUNTY, FLORIDA. Copies-of/he proposed resolution are available for public inspection- in the Collier County Clerk's Cif ice, 4th floor, Administration Building. Suite"401. Naples, Florida. NOTE: All-Persons wishing -to speak on any agenda item must register with the county Administrdtor prior #a presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak rain behalf cstan organizat on or group is encouraged. if recogn2e bY the rair, a sp okesp erson fora group:or organization may be allotted 10 minutes to speak on-an tem. Persons wishing to have written or graphic materials s induded in the B oard agenda packets must submit said material°a minimum 0-f 3 weeks prior to the respective. public hearing, In any cased written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need ensure that a verbatim record of the procproceedings is made, which record includes the testimony and, evidence upon which the appeal is based. If you are a person with a disability who needs,any accor modation in order to participate in this proceeding, you are entitled, at no..cost to_ our to.the'provision of cettaain assistance Please c< ntact the Collier County Falities Management Q parxmen;t, located at 3335 'arniami Trail East, Building W, Naples. Florida 34112, (239)252-8380, Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY,COMMISSIONERS BOARD. OF ZONING APPEALS COWER COUNTY,NT Y, FLORIDA FRED W. COY E, CHAIRMAN DWIGHT E. BROCK, CLERK Martha Vergara,r Dept Clerk (SEA: August 24,:2012 No. 1959794 A 1 ? G Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Tuesday,August 21, 2012 3:45 PM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UAS23B9jpg Please provide approval ASAP for publication. I apologize for missing the deadline on this. Thank You, Naples News Legals Thank you for placing your ad. Date 08/21/12 Publication NDN Account Number 744102 Ad Number 1959794 Total Ad Cost $259.38 1 17G Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Tuesday, August 21, 2012 4:54 PM To: Martha S.Vergara Subject: RE:Ad Confirmation OK,Thank you. Amy Green Legal Advertisements Naples Daily News Main Office: 239-263-4710 Direct Fax: 239-325-1251 Email: legals@naplesnews.com www.naplesnews.com Original Message From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.coml Sent:Tuesday,August 21, 2012 4:53 PM To: Green, Amy Subject: RE: Ad Confirmation Amy, I have gotten the approval for this ad, please proceed with publishing this ad on Friday,August 24, 2012. No problem at lease we caught it... Thanks, Martha Original Message From: Green,Amy [mailto:AGreen @Naplesnews.coml Sent:Tuesday,August 21, 2012 3:45 PM To: Martha S.Vergara Subject:Ad Confirmation Please provide approval ASAP for publication. I apologize for missing the deadline on this. Thank You, Naples News Legals Thank you for placing your ad. 17G Acct #068779 August 14, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CU-PL20110001157, Ichthyo Park Dear Legals: Please advertise the above referenced notice on Wednesday, August 22, 2012 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500096189 176 NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, September 11, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin at 9 : 00 A.M. The title of the proposed resolution is as follows : A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AN EDUCATIONAL AQUARIUM WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2 . 03 . 01.A. 1.C.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Copies of the proposed resolution are available for public inspection in the Collier County Clerk' s Office, 4th floor, Administration Building, Suite 401, Naples, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida i GI i 34112, (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17G Martha S. Vergara From: Green,Amy <AGreen @Naplesnews.com> Sent: Wednesday, August 15, 2012 11:19 AM To: Martha S.Vergara Subject: RE: CU-PL20110001157 -Ichthyo Park (9/11/2012) ok Amy Green Legal Advertisements Naples Daily News Main Office:239-263-4710 Direct Fax: 239-325-1251 Email: legals a,naplesnews.com www.naplesnews.com From: Martha S. Vergara fmailto:Martha.Vergara@collierclerk.comj Sent: Wednesday, August 15, 2012 11:12 AM To: Legals NDN Subject: CU-PL20110001157 - Ichthyo Park(9/11/2012) Legals, Please advertise the following attached ad on Wednesday,August 22, 2012. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(a,collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing heledesk@ collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 17G Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION REFERENCE: 068779 4 5 0 0 0 9 618 9 Notice is hereby given that the Board of County Commissioners, es the Board of 59697364 NOTICE OF PUBLIC HEA zoning Appeals,of collier County will hold a public hearing on Tuesday,September 11, 2012, in the Boardroom, 3rd Floor, Aumrnistr�nnn p❑;I ... Government Center, 3299 East Tamiami Trail, Naples, Florida. ie"meeting WTI be- gin at 9:00 A.M.The title of t Ie proposed resolution is as follows: State of Florida A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, Counties of Collier and Lee FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO AL LOW Before the undersigned authority, personally AN EDUCATIONAL AQUARIUM WITHIN AN AGRICULTURAL(A)ZONING DISTRICT g y, P y PURSUANT TO SUBSECTION 2.03.01.A.1.C.3 OF THE COLLIER COUNTY LAND appeared Lynn Schneider, says• that she serves c OUTH.RANGE 6EAST.COLLI RPCO NTY FLORIDA. SECTION 23, TOWNSHIP 50 the Order Entry Data Specialist, of the Naples Copies of the proposed resolution are available for public inspection in the Collier Daily News, a daily newspaper published at Nap: County Clerk's Office,4th floor,Administration Building,suite 401,Naples,Florida. in Collier County Florida: distributed in Col- NOTE: All Persons wishing to speak on eon y agenda item must register with the , - County Administrator prior to presentatio of the agenda item to be addressed. Individual speakers will be limited toa 3 minutes on any item. The selection of an and Lee counties of Florida; that the attached individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be copy of advertising was published in said allotted 10 minutes to speak on an item. newspaper on dates listed. Persons wishing to have written or graphic materials included in the Board agenda packet must submit said material a minimum of 3 weeks prior to the respective Af f iant further says that the said Naples Da: public hearing. In any case,written materials intended to be considered by the Board shall be submitted to appropriate County staff at minimum of seven days News is a newspaper published at Naples, in sa: pricy to the public hearing. All material used in presentations before the Board Collier County, Florida, and that the said wit become a permanent part oftherecord. Any person who decides to appeal a decision of the Board will need a record of the newspaper has heretofore been continuously proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and day and has been entered as second class mail evidence upon which the appeal is based. matter at the post office in Naples, in said If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision Collier County, Florida, for a period of 1 yea. of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, next preceding the first publication of the (239)252-8380. Assisted listening devices for the hearing impaired are available in attached copy of advertisement; and affiant the County Commissioners'Office. PY BOARD OF COUNTY COMMISSIONERS further says that he has neither paid nor BOARD OF ZONING APPEALS Y P COLLIER COUNTY,FLORIDA promised any person, firm or corporation any FRED W.COYLE,CHAIRMAN discount, rebate, commission or refund for the DWIGHT E.BROCK,CLERK purpose of securing this advertisement for By: Martha Vergara,Deputy Clerk publication in the said newspaper. (SEAL) August 24 2012 No 1459794 PUBLISHED ON: 08/24 AD SPACE: 86 LINE FILED ON: 08/24/12 AWE, Signature of Affiant _ Wriftrit.'r Sworn to and Subscribed b: , ore me s 0 clay of �, �,_,)��_ 20 , • QS,Y CAROL PAWLINSKI Personally known by me ;:__ MY COMMISSION#EE 45538 EXPIRES:November 28,2014 pd '' Bonded Thru Pichard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 G TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Judy Puig GMD Planning & Regulation/Operations 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County ini Commissioners 6. Minutes and Records Clerk of Court's Office 1)40A n fri(j'2_ PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Mike Sawyer Phone Number 252-2926 Contact Agenda Date Item was September 11,2012 Agenda Item Number 17G Approved by the BCC Type of Document Resolution ��t�] , \'5 Number of Original 1 Attached ` V� r Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions,etc. signed by the County Attorney's Office and signature pages from contracts, agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ,ffS document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's WS' signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC September 11,2012 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 1 ? G MEMORANDUM Date: September 13, 2012 To: Mike Sawyer, Project Manager Zoning & Land Development Review From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Resolution 2012-154/CU-PL2011-1157 — Ichthyo Park Attached for your records is a copy of thedocument referenced above, (Item #11C) adopted by the Board of County Commissioners on September 11, 2012. The Minutes and Record's Department will hold the original document in the Board's Official Records. Thank you. Attachment 17 G RESOLUTION NO. 12- 1 54 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AN EDUCATIONAL AQUARIUM WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.1.c.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a duly noticed public hearing as required by the Collier County Land Development Code, and has considered the advisability of a Conditional Use of an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c.3 of the Collier County Land Development Code on the property hereinafter described. The Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL2011-1157 filed by Tim Hancock, AICP of Davidson Engineering, Inc., representing Viktor Jarikov and Iryna Labachova with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c.3 of the Collier County Land Development Code, in accordance with the Ichthyo Park/CU-PL2011-1157 Rev. 07/03/12 Page 1 of 2 17G Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote this f i day of 6.EK, 2012. ATTEST: BOARD OF ZONING APPEALS DW1G 1E.;BROCK, CLERK COLLIER COUNTY, FLORIDA B { 1 ..to Jerk FRED W. COYLE, Chairm Approved as to form and legal sufficiency: l., A- ( 4o Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval 11-CPS-01122/24 Item# Agenda CI I �Z Date Date 9 I t 3h Z Rec' Ichthyo Park/CU-PL2011-1157 Rev. 07/03/12 Deputy Clerk Page 2 of 2 1 G LEGAL DESCRIPTION THE EAST 1/4 OF THE NORTHEAST '/4 OF THE SOUTHEAST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE SOUTHERLY 768.5 FEET THEREOF, COLLIER COUNTY, FLORIDA. 11-CPS-01122\4 EXHIBIT A Ichthyo Park\CU-PL2011-115 7 10/25/11 ,.,,a.. ... ..-.A...;, ..... ■ -.. ,- Y ate.. • .._ ... .. .._ MORGAN ROAD ZONING: A-AGRICULTURAL (PRI VA TE ROAD) LAND USE: VACANT FUTURE LAND USE: URBAN RESIDENTIAL FRINGE SUBDISTRICT • IT. .r.. I — um. I .../ — 1 ....1 ...a I — — I 1• .... I !• s 1 r gI �'..;.. ,'.:.• ..• . .: -.a.y . . ,...mw . . . oa I • i /15111%, ,,,-- ti '•,: gym = . . . rORt m�0 -1ZZ r� C v cat $ J mc¢Z� z � " rrn C) •m -°o Igg -� �„ Y.r -- co --11 _ c X it Co • - z_ A : ° 7J g RI g "or mm rqb. p . . . . .. . .. .. . ... 4 -.....1:::....".-...if-:::::::::::::.::.::::::::. ( 4'\___ -- . . . . . . SrQ / / i / A..-./ •' M 2 ° c P jiji h ii $ •0 i:iLüiiI zip � m xin . -- ..• x 0 ¢ l a §1 1,1 �,9:: 5 i s 114;41 ^ i <T ' l i A "Si i a i 1;11 V 4 5 5 6 mil l.. 5a y a 1 Ha 1 I g - 34f-, g g D - a ;ath zy P s „ r � � r y� 9 „$„ . ® 9 9 99 a 9 2 0 Pii ig a pi Ili! IA -C M.Z-7 x s 11311i 9ii9§ 6 4 I1I4 C7 IP 1 ° i ., 0 4 i g ills 1 316 MORGAN DRIVE ' BAW CONDff10NALU5Er � VIKTORJARRNOV1 r,.r�x. P.S�YI)? RId RYNA UIEACANE .. �,.�� '^sy� N+ACS,FL 3.11,1 nm t .�,.. MASTER CONCEPT PLAN +OI ._ R2M N.... FO..N.m. - OYOW o11�W�i mv,m Exhibit B 17G CONDITIONS OF APPROVAL FOR CU-PL2011-1157 1. All promotional materials, brochures and advertising will include a statement that groups of more than 6 persons will be by appointment only. 2. No vehicles with a capacity of more than 24 passengers will be admitted to the site unless and until a minimum pavement width or stabilized roadway width of 20 feet for the length of Morgan Road is established. 3. Prior to issuance of the Certificate of Occupancy for the educational aquarium, signage will be posted (FDOT quality) at each end of Morgan Road indicating "Two-way traffic, narrow road, use caution". 4. Vending machines, if used, shall not be visible from property lines. 5. The hours of operation shall be 9:00 am to 6:00 pm, except for special events which will be by special event permit. 6. If the County constructs a County owned roadway adjacent to the eastern property line of this parcel, the owner shall have no expectation of the installation of a noise wall. 7. Owner shall pay up to $2,000.00 per year to fix pot holes on Morgan Road. 8. No sale of fish species on site is allowed. 9. The County relies on owner's representation that it has valid and lawful access to the subject site through Morgan Road. In the event that access to the subject site is determined not to be valid and lawful, then this conditional use shall be suspended until owner establishes valid legal access to the subject site. EXHIBIT C Ichthyo Park \CU-PL2011-1157 Rev. 07/03/12