Backup Documents 06/09/2009 Item #17A
17 A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
********.*...********.~*.**********************..******k*****~*********~**~******.***w*.*********~
Originating Dept/ Div: CDES./Zonine Person: Kay Deselem, AICP ~ Date: f -'d- ~ 0 9
Petition No. (If none, give brief description): CU-2003-AR-3725, NGALA
Petitioner: (Name & Address): Mr. Robert 1. Mulhere, AICP, RWA, Inc., 6610 Willow Park Drive, Suite 300, Naples, FL
34109
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Close-Up
Creatures, Inc., Mr. Donovan Smith, 2755 Inez Rd., Naples, FL 34117; Mr. Richard Yovanovich, Goodlette, Coleman,
Johnson, Yovanovich, & Koester, 4001 Tamiarni Trail N., Naples, FL 34103
... ..vi} vi S~i
Hearing before BCC BZA Other \)l\t q) lJ.if\ f
Requested Hearing date: ~a~09 j' 'Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU-2003-AR-3725, Close Up Creatures, Inc.,
in reference to NGALA, represented by Robert J. Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of
Goodlette, Coleman, Johnson, Y ovanovich & Koester, P.A., is requesting Conditional Uses pursuant to the Land Development
Code Section 2.03.01.A.1.C. The conditional uses being requested are as folIows: Number 5, to allow aquaculture for
non-native or exotic species subject to Florida Fish and Wildlife Conservation Commission permits; Number 23, to allow a
Cultural, Ecological or Recreational Facility; and Number 25, commercial production, raising or breeding of exotic
animals. The subject property which has a Rural Agriculture zoning district designation and consists of 21:1: acres, is located on
Inez Road S.W., at the northwestern corner of the intersection of Inez Road and Kearney Avenue, approximately If.
mile south of Keene Avenue, in Section 30, Township 49 South, Range 27 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by:
~
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For bearings 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: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******.***~*************~.**w*****.**.**w*********.****************w*****_***************.***********
FOR CLERK'S OFFICE USE ONLY: JJ'(\~ (v'f\ .~~N>j'M
Date Received: ~ Date of Public hearin~ Date Advertised:~ ~ Cb\.\ \( \~ ~
l.R [ell oq \}Jt'~~ ~ \. ~ () '\
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17A
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS 0 F
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF CONDITIONAL USES TO ALLOW A
CULTURAL ECOLOGICAL OR RECREATIONAL FACILITY
PURSUANT TO THE LAND DEVELOPMENT CODE (LDC)
SECTION 2.03.01.A.1.C.23; TO ALLOW AQUACULTURE
FOR NON-NATIVE OR EXOTIC SPECIES PURSUANT TO
LDC SECTION 2.03.01.A.1.C.S; AND TO ALLOW
COMMERCIAL PRODUCTION, RAISING OR BREEDING OF
EXOTIC ANIMALS, PURSUANT TO 2.03.01.A.1.C.25: ALL
FOR A 21:1= ACRE TRACT LOCATED ON INEZ ROAD,
APPROXIMATELY ONE QUARTER MILE SOUTH OF
KEENE AVENUE IN SECTION 30, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to
establish, coordinate and enforce zoning and such business regulations as are necessary for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41), as amended, which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of Conditional Uses
to allow a cultural ecological or recreational facility pursuant to the Land Development Code
(LDC) Section 2.03.01.A.1.C.23, to allow aquaculture for non-native or exotic species pursuant
to 2.03.01.A.1.C.5 and to allow commercial production, raising or breeding of exotic animals
pursuant to 2.03.01.A.l.C.25 on the property hereinafter described in Exhibit B, and the
CU-2003-AR-3725 NGALA
Revised 03/24/09
Page 1 00
17A
Collier County Planning Commission has found as a matter of fact (Exhibit A) that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection lO.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
The petition filed by Close Up Creatures, Inc., d/b/a NGALA, represented by Robert 1.
Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman,
Johnson, Yovanovich & Koester P.A., with respect to the property hereinafter described in
Exhibit B be and the same is hereby approved to allow a cultural ecological or recreational
facility in the Rural Agricultural (A) Zoning District pursuant to the Land Development Code
(LDC) Section 2.03.01.A.1.C.23, to allow aquaculture for non-native or exotic species pursuant
to 2.03.01.A.1.C.5 and to allow commercial production, raising or breeding of exotic animals
pursuant to 2.03.01.A.1.C.25 in accordance with the Site Plan attached as Exhibit C and subject
to the conditions set forth in Exhibit D attached hereto and incorporated by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super~majority vote.
Done this _ day of , 2009.
CU-2003-AR-3725 NGALA
Revised 03/24/09
Page 2 oD
17 A
ATTEST:
D~GHTE.BROCK.CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
DIANA FIALA, CHAIRMAN
Deputy Clerk
Approved as to fonn and
legal sufficiency:
Steven T. Williams ')@
Assistant County Attorney.,.1/.o4\
Attachments: Exhibit A-Findings of Fact
Exhibit B-Legal Description
Exhibit C-Site Plan, dated March 24, 2009
Exhibit D-Conditions of Approval
CU.2003-AR-3725 NCJALA
Rovi..d 03/24/09
Page::l of3
1 (?A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU.2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes v' No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes ~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or v"Affect mitigated by ~ h+t-QJ,u:, 0-t.J ~ lov.. ~ rj
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL' No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATB: ;'), ,~, 6 ~ CHAIRMAN:1b!\~ M:~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
,
Yes~ No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
X No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with stip
recommended for approval to the Board of Zoning Appeals.
DATE: M~ \C{;"2<111
fY
EXHIBIT A
1-7 A
l7 A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
YesL No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects;
/' No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible 71hin district
Yes No
Based on the above findings, this conditional use should, wi s ulations, (copy attached) be
recommended for pproval to the Board of Zoning Appeals.
MEMBER:
EXHIBIT A
l?A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
....J-.
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with the Land Development Code and Growth Management Plan:
Yes / No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ./ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: ~ --I f --(j ~
~-
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EXHIBIT A
17A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V"'" No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: ::Y..../ 7'- ~ f'
MEMBER: ~ -~~~~
EXHIBIT A
17 A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with tbe Land Development Code and Growth Management Plan:
Yes / No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian' safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes I' No
U.-jIIU~ ()Nt.-y I?JU$e:3/ 1/1fAJ5 4- 1--/ MOS
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or VAffect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V No
..~
;',
,~:
Based on tbe above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
D ATE: /Vl1fJ€.C. H /Cf;.).oo1
MEMBER: IJP--nTlA-. ~d ~
EXHIBIT A
1 7 A ;~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency wi~e Land Development Code and Growth Management Plan:
yes-U- No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate inwel egress
Yes No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
eff~l
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible Ujwithin district
Yes No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
reconunended for approval to the Board of Zoning Appeals.
DATE: -.:J) ) 'I )07
/ I
MEMBER,fi/A-' (i ~
I
EXHIBIT A
CU-2003-AR-3725
NGALA Conditional Use
Project: 2002090086
Date: 6/10/08
LEGAL DESCRIPTION:
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND
THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 AND THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
TI IECIEDVl! n
~ JUN 1 0 Z008 !U
1.;,1
CU-2003-AR-3725
Exhibit B
17 A
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17A
CU-2003-AR-3725
NGALA
CONDITIONS OF APPROV AL
1. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Nagala," prepared by RW A Consultants, Inc., dated March, 2008,
and last revised February 9, 2009, and as further limited below. The site plan
noted is conceptual in nature for conditional use approval. The final design must
be in compliance with all applicable federal, state, and county laws and
regulations, and receive appropriate and required approvals thru all federal, state
and county agencies.
2. There shall be no more than 1,000 guests on site at anyone time.
3. Visitors shall be transported to the site using buses, van or limousines. Visitor
arrival by private vehicle is prohibited.
4. Overnight stays by visitors/patrons is prohibited.
5. The facility shall not be open to the general public. All visitors must be guests
by prior appointment only.
6. Upon issuance of any tropical storm or higher intensity storm watch or warning,
the property owner shall ensure that all tents and any other temporary structures
are disassembled and removed from the site, or secured on site, immediately.
7. Parking on site is limited to the three gravel parking areas shown on site; unless
additional approvals are sought and approved thru the SDP or SIP processes.
8. Note #4 on the site plan shall be revised to indicate that any future expansion
shall be subject to complete review in compliance with the applicable
requirements/processes in effect at the time. This Conditional Use approval
shall not usurp the need for any required development order (or amendments) or
permit approvals.
9. Any change in use of the existing single family house shall be subject to review
as a change of use to include, but not limited to review of the use for issues such
as, but not limited to, handicap access, landscaping and parking for the proposed
use.
10. Within 90 days of the approval of this Conditional Use application, the
developer shall submit a complete Site Improvement Plan Application to depict
existing and proposed structures and uses.
Revised 4/2/09
EXHIBIT 0
page 1 of 2
17A
11. Event hours shall be limited. No event can commence before 8:30 a.m. Five
events per week may remain open until 11 p.m., all other events must end by 8
p.m. on any day ofthe week, except that any New Year's Eve event may remain
open until 1 a.m., however, no more than 150 events ending after 8 p.m. shall be
allowed per year. Staff, such as clean up crews, may remain beyond the time
the event closes.
12. The developer shall retain a 3D-foot wide indigenous buffer area around the
entire site, except for the preserve area and those areas shown on the site plan
where existing structures or improvements encroach. In those areas where such
encroachments exist, the development shall comply with this buffer requirement
to the maximum extent possible. Any further expansion of the uses or additions
to existing structures or new structures on site shall require that this buffer,
where the vegetation does not achieve opacity to a height of six feet, be
augmented to provide two rows of #10 shrubs that are 4 foot on center, 60
inches high at time of planting. The shrubs shall be maintained at least at that
height. The buffer shall also include a double row of staggered trees, with the
trees to be a minimum of 10-feet high, with a four-foot spread and a 1.5-inch
caliper at time of planting. The trees shall be maintained at no less than 10 feet
high.
13. All additions to any existing or any new structures or tents shall not be located
closer than 60 feet from any property lines abutting or within Kearney A venue
or Inez Road.
14. This project must obtain an Environmental Resource Permit from the South
Florida Water Management District.
15. Additional Environmental Conditions:
a) Provide a Preserve Management Plan on the Site Plan including methods
of exotic vegetation removal and maintenance along with Florida black bear and
Big Cypress fox squirrel Management Plans.
b) Fulfillment of any Florida panther mitigation as required by either the
United States Fish and Wildlife Service or the Florida Fish and Wildlife
Conservation Commission.
c) Provide a legally sufficient title opinion and conservation easement. The
Conservation Easement shall be recorded within 90 days of the determined final
Development Order.
16. Removal of fill from this site is prohibited.
Revised 4/2/09
EXHIBIT 0
page 1 of 2
17 A
Acct #068779
April 15, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2003-AR-3725, NGALA
Dear Legals:
Please advertise the above referenced notice on Sunday, May 12,2009 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
17 J
NOTICE OF PUBLIC HEARING
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, May 12, 2009, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301
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
CONDITIONAL USES TO ALLOW A CULTURAL ECOLOGICAL OR
RECREATIONAL FACILITY PURSUANT TO THE LAND DEVELOPMENT
CODE (LDC) SECTION 2.03.01.A.1.C.23; TO ALLOW AQUACULTURE
FOR NON-NATIVE OR EXOTIC SPECIES PURSUANT TO LDC SECTION
2.03.01.A.1.C.5; AND TO ALLOW COMMERCIAL PRODUCTION,
RAISING OR BREEDING OF EXOTIC ANIMALS, PURSUANT TO
2.03.01.A.1.C.25; ALL FOR A 21 +/- ACRE TRACT LOCATED ON INEZ
ROAD, APPROXIMATELY ONE QUARTER MILE SOUTH OF KEENE AVENUE
IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA
The Board will consider Petition CU-2003-AR-3725, Close Up
Creatures, Inc., in reference to NGALA, represented by Robert J.
Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., is
requesting Conditional Uses pursuant to the Land Development Code
Section 2.03.01.A.1.C. The conditional uses being requested are as
follows: Number 5, to allow aquaculture for non-native or exotic
species subject to Florida Fish and Wildlife Conservation
Commission permits; Number 23, to allow a Cultural, Ecological or
Recreational Facility; and Number 25, commercial production,
raising or breeding of exotic animals. The subject property which
has a Rural Agriculture zoning district designation and consists
of 21 +/- acres, is located on Inez Road S.W., at the northwestern
corner of the intersection of Inez Road and Kearney Avenue,
approximately ~ mile south of Keene Avenue, in Section 30,
Township 49 South, Range 27 East, Collier County, 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 5 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,
17A
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.
BOARD OF COUNTY COMMISISONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
--,..,-""'_..._-_.........'"".~I'....-...,..-~""..'"'~~"'_.-,.._--~~'-,.........,_~.-"',~,..__.-.~.,-~.,--_.--,._--
Dwight E. Brock
Clerk of Courts
(~\l~~)l:PIe~llier
~.'--' '" \
CLERK OF THE tlRCt;IT COURT
COLLIER COUNTY ,COURTflOUSE
3301 TAMIAMI ~IL EAST
P.O. BOX 41,3044\
NAPLES, FLORIDA"41O 1-3Q44
:'~/
17';::
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
;~:~,~"..J ;
April 15, 2009
RWA, Inc.
Robert J. Mulhere, AICP
6610 Willow Park Drive
Suite 300
Naples, FL 34109
Re: Petition CU-2003-AR-3725, NGALA
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, May 12, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 26, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239)252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
(~en~~!y,6f-e'qllier
1;",,, '. '
CLERK OF THE t~RCtJIT COURT
COLLIER COUNTY t:OURTcHOUSE
3301 TAMIAMI~IL EAsT
P.O. BOX 413044 \
NAPLES. FLORIDA't41 0 1-3~44
J~i
~(i~~
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
;0"",../
April 15, 2009
Close-up Creatures
Donovan Smith
2755 Inez Rd.
Naples, FL 34117
Re: Petition CU-2003-AR-3725, NGALA
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, May 12, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 26, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
(~en;~fy::.pfeo IIi er
1("..'. "
CLERK OF THE tlRCtJIT COURT
COLLIER COUNTY COUR1HOUSE
3301 TAMIAMI ~IL EAST
P.O. BOX 4\'3044
NAPLES, FLORIDA'3:1-101-3Q44
!'t,
~1':#~:"
17 A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
~^.", '
April 15, 2009
Goodlette, Coleman, Johnson, Y ovanovich, & Koester
Richard Y ovanovich
400 I Tamiami Trail
Naples, FL 34103
Re: Petition CU-2003-AR-3725, NGALA
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, May 12,2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 26, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239)252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Page 1 of 1
Martha S. Vergara
17 A
From: Martha S. Vergara
Sent: Wednesday, April 15, 2009 11 :51 AM
To: 'Iegals@naplesnews.com'
Subject: CU-2003-AR-3725 - NGALA
Attachments: CU-2003-AR-3725.doc; CU-2003-AR-3725.doc
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(manna. VemgIj;l~Q1liercLeIk,-cQm)
4/1512009
Martha S. Vergara
17 A
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Wednesday, April 15, 200911:51 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT295988.txt; GU-2003-AR-3725 - NGALA
[B
~',~
-'
r.::-/1
L::::.J
A1T295988.txt ::U-2003-AR'3725-
(231 B) NGALA
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
Martha S. Vergara
17 A
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Wednesday, April 15. 20092:05 PM
To: Martha S. Vergara
Subject: RE: CU-2003-AR-3725 - NGALA
ok
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Wednesday, April 15, 2009 11:51 AM
Posted To: Legals - NDN
Conversation: CU-2003-AR-3725 - NGALA
Subject: CU-2003-AR-3725 - NGALA
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
( ma rtha. verga ra (Cilcollierclerk. com)
Under Florida Law, e-mail addresses are public records. Jfyou 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.
4/15/2009
Martha S. Vergara
17 A
From:
Sent:
To:
Subject:
Martha S. Vergara
Monday, April 27,20098:04 AM
'Pagan, Emely'
Ad didn't run on Sunday
Emely,
This ad is the only ad that I didn't see yesterday... can you tell me if it ran ... I looked
through the paper three times and didn't see it...
-----Original Message-----
From: Pagan, Emely [mailto:EPagan@Naplesnews.com]
Sent: Wednesday, April 15, 2009 3:04 PM
To: Martha S. Vergara
Subject: Ad Confirmation
Petition CU-2003-AR-3725,
Thank you for
Date
Publication
Ad Number
Total Ad Cost
placing your ad.
04/15/09
NDN
1793340
$478.10
Emely Pagan
213-6061
Tracking:
1
III . .___.___.,><A,""_.....""'""_"""'"'''".,'''''''__.'''....,._.~'-'->''_~_..~~.,'''''.~.~_"',_.,.,~.u..~., ...~.....
Recipient
'Pagan, Emely'
---_~_...n.1'(
Read
Read: 4/27/2009 9:16 AM
2
""l . ._"__,_,....'_,"",.__"...."j",,,.,,"_....."~."."._,,.,,"__"_~,~_~._.",~~....,
l?A
Martha 5. Vergara
17A
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Monday, April 27, 2009 9:19 AM
Martha S. Vergara
RE: Ad didn't run on Sunday
I don't see it either. Can we place it for tomorrow?
Em
-----Original Message-----
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Monday, April 27, 2009 8:04 AM
To: Pagan, Emely
Subject: Ad didn't run on Sunday
Emely,
This ad is the only ad that I didn't see yesterday... can you tell me if it ran ... I looked
through the paper three times and didn't see it...
-----Original Message-----
From: Pagan, Emely [mailto:EPagan@Naplesnews.com]
Sent: Wednesday, April 15, 2009 3:04 PM
To: Martha S. Vergara
Subject: Ad Confirmation
Petition CU-2003-AR-3725,
Thank you for
Date
Publication
Ad Number
Total Ad Cost
placing your ad.
04/15/09
NDN
1793340
$478.10
Emely Pagan
213-6061
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
I" I .~ ___.""___,.___,.,__"'__,_____.~."__.____~_
Martha S. Vergara
17A
From:
Sent:
To:
Subject:
T each Scott [ScottT each@colliergov.net]
Monday, April 27, 2009 9:40 AM
Martha S. Vergara
FW: Ngala
FYI.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-6300
From: TeachScott
Sent: Monday, April 27, 2009 9:39 AM
To: DeselemKay; ashton_h; bellows_r
Cc: RamirezHeather; WilliamsSteven; KlatzkowJeff; SchmitUoseph; pui9-.i; IstenesSusan
Subject: RE: Ngala
I spoke with Martha Vergara in the Clerk's Office who told me the Naples Daily News did not advertise this yesterday, as
scheduled. I directed her to advertise if tomorrow but now we have to move the item to meet the fifteen day notice
requirement.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-6300
From: DeselemKay
Sent: Monday, April 27, 20099:38 AM
To: ashton_h; bellows_r
Cc: RamirezHeather; WilliamsSteven; KlatzkowJeff; TeachScott; SchmitUoseph; pui9-.i; IstenesSusan
Subject: RE: Ngala
Are we sure? Heather is out on furlough so I cannot check with her. What have you heard?
I will not be in the office the week of 5/26, so that is not a good date to hear this petition--if there is a chance that it could
get pulled from the Summary Agenda. The next agenda is 6/9. I have two other petitions on that agenda, and I will be
here on that date.
Kay Deselem, AICP
Zoning & Land Development Review Department
Community Development & Environmental Services Division
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239.252.2931
Fax: 239.252.6357
1
....~c''',.._-'--~--.~''.__.,-_.._."'___"_.___,,,.,.___,'__I'l~..
<i>llll -_. WI ",,,,_,,,,_,,_;___.,,_..;o;._'.",",'''~"'''''''''''"''_~'''''''_"__Q_.__~'_,,,,,,_'."_m=<~'~.".""..,"._".,,"U~___<__'_._.'_____._
27 A
From: ashton_h
Sent: Monday, April 27, 20099:29 AM
To: bellows_r
Cc: DeselemKay; MossJohndavid; RamirezHeather; WilliamsSteven; KlatzkowJeff; TeachScott; SchmittJoseph; puig~; IstenesSusan
Subject: Ngala
Ray,
We just got word that the Naples Daily News missed the advertising for the May 12 meeting. This
item is going to be continued until May 26.
Heidi Ashton-Cicko
Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief
Phone (239)252-8400
Fax (239) 252-6300
2
17A
Martha S. Vergara
From:
Sent:
To:
Subject:
Martha S. Vergara
Monday, April 27, 2009 9:23 AM
'Pagan, Emely'
RE: Ad didn't run on Sunday
Let me check with the County Attorney's Office
-----Original Message-----
From: Pagan, Emely [mailto:EPagan@Naplesnews.com]
Sent: Monday, April 27, 2009 9:19 AM
To: Martha S. Vergara
Subject: RE: Ad didn't run on Sunday
I don't see it either. Can we place it for tomorrow?
Em
-----Original Message-----
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Monday, April 27, 2009 8:04 AM
To: Pagan, Emely
Subject: Ad didn't run on Sunday
Emely,
This ad is the only ad that I didn't see yesterday... can you tell me if it ran ... I looked
through the paper three times and didn't see it...
-----Original Message-----
From: Pagan, Emely [mailto:EPagan@Naplesnews.com]
Sent: Wednesday, April 15, 2009 3:04 PM
To: Martha S. Vergara
Subject: Ad Confirmation
Petition CU-2003-AR-3725,
Thank you for
Date
Publication
Ad Number
Total Ad Cost
placing your ad.
04/15/09
NDN
1793340
$478.10
Emely Pagan
213-6061
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.
Tracking:
1
Recipient
'Pagan, Emely'
..-'.----__.~1lIl1ll-"""<ITl
Read
Read: 4/27/2009 9:31 AM
17 A
2
Martha S. Vergara
l?A
From:
Sent:
To:
Cc:
bellows_r [RayBellows@colliergov.net]
Monday, April 27, 200910:28 AM
TeachScott
Martha S. Vergara; Deselem, Kay; Ashton, Heidi; SchmittJoseph; IstenesSusan;
GundlachNancy
RE: Ngala
Subject:
Will do!
Fortunately, this is a Summary Agenda item so Kay's buddy should be able to handle with assistance from Susan or
myself.
From: TeachScott
Sent: Monday, April 27, 2009 10:19 AM
To: bellows_r
Cc: 'Martha S. Vergara'; DeselemKay; ashton_h; SchmittJoseph
Subject: FW: Ngala
Ray,
You may wish to coordinate with Kay and the Clerk's Office to reschedule the Ngala matter per the below e-mail chain.
To the extent that this matter will not be going forward on the first meeting in May, because of the failure of the NDN to run
the ad yesterday, we don't have to immediately advertise. Rather decide if you want this to go forward the second
meeting in Mayor some later date. In any event, make certain that sufficient advance notice is provided to Martha
Vergara in the Clerk's Office so she can have the ad run 15 days prior to the decided meeting date.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-6300
From: ashton_h
Sent: Monday, April 27,200910:14 AM
To: TeachScott
Subject: RE: Ngala
Scott,
You may want to ask Ray Bellows to set the new date with the clerk since the planner will not be in on
May 26.
Heidi Ashton-Cicko
Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief
Phone (239) 252-8400
Fax (239)252-6300
~~~__''''_.'~'=''''''''''~''_''C_''-___''__-''_'_''''__'__''____''__"",_"",___,.."_"._,......".""'''''"''_.;_."_~__"_''''''"__.,''''''''''_......".~.._.m_',,_...._.~~~~.,..,,_~,... _, __~_,.~_'"_
17 A
From: TeachScott
Sent: Monday, April 27, 2009 9:39 AM
To: DeselemKay; ashton_h; bellows_r
Cc: RamirezHeather; WilliamsSteven; KlatzkowJeff; SchmittJoseph; pui9-J; IstenesSusan
Subject: RE: Ngala
I spoke with Martha Vergara in the Clerk's Office who told me the Naples Daily News did not advertise this yesterday, as
scheduled. I directed her to advertise if tomorrow but now we have to move the item to meet the fifteen day notice
requirement.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-6300
From: DeselemKay
Sent: Monday, April 27, 20099:38 AM
To: ashton_h; bellows_r
Cc: RamirezHeather; WilliamsSteven; KlatzkowJeff; TeachScott; SchmittJoseph; pui9-J; IstenesSusan
Subject: RE: Ngala
Are we sure? Heather is out on furlough so I cannot check with her. What have you heard?
I will not be in the office the week of 5/26, so that is not a good date to hear this petition--if there is a chance that it could
get pulled from the Summary Agenda. The next agenda is 6/9. I have two other petitions on that agenda, and I will be
here on that date.
Kay Deselem, AICP
Zoning & Land Development Review Department
Community Development & Environmental Services Division
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239.252.2931
Fax: 239.252.6357
From: ashton_h
Sent: Monday, April 27, 20099:29 AM
To: bellowsJ
Cc: DeselemKay; MossJohndavid; RamirezHeather; WilliamsSteven; KlatzkowJeff; TeachScott; SchmittJoseph; pui9-J; IstenesSusan
Subject: Ngala
Ray,
We just got word that the Naples Daily News missed the advertising for the May 12 meeting. This
item is going to be continued until May 26.
Heidi Ashton-Cicko
Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief
2
Phone (239)252-8400
Fax (239)252-6300
17 A
3
RE: Ngala
Page 1 of 1
~I ;7,~
Martha S. Vergara
From: DeselemKay [KayDeselem@colliergov.net]
Sent: Wednesday, April 29, 20099:57 AM
To: Ashton, Heidi; Bellows, Ray; Martha S. Vergara
Cc: RamirezHeather; WilliamsSteven; Klatzkow, Jeff; TeachScott; SchmittJoseph; Puig, Judy;
IstenesSusan; Richard Yovanovich; RollinsCheri
Subject: RE: Ngala
I have spoken with the agent and we have agreed to put this petition on the June 9 BCC agenda. Please make
the necessary adjustments.
Kay Deselem, AICP
Zoning & Land Development Review Department
Community Development & Environmental Services Division
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239.252.2931
Fax: 239.252.6357
From: ashton_h
Sent: Monday, April 27, 2009 9:29 AM
To: bellows_r
Cc: DeselemKay; MossJohndavid; RamirezHeather; WilliamsSteven; KlatzkowJeff; TeachScott; SchmittJoseph; puig~; IstenesSusan
Subject: Ngala
Ray,
We just got word that the Naples Daily News missed the advertising for the May 12 meeting.
This item is going to be continued until May 26.
J{eicfi }lsliton-CicksJ
Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief
Phone (239)252-8400
Fax (239) 252-6300
4/29/2009
l?A
Martha S. Vergara
From:
Sent:
To:
Subject:
Martha S. Vergara
Monday, April 27, 20099:49 AM
'Teach Scott'
RE: Ngala
Everyone,
I can change the ad date as long as I know the meeting date and days needed to advertise (10 or 15).
Martha
From: TeachScott [mailto:ScottTeach@colliergov.net]
Sent: Monday, April 27, 20099:40 AM
To: Martha S. Vergara
Subject: FW: Ngala
FYI.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-6300
From: TeachScott
Sent: Monday, April 27, 2009 9:39 AM
To: DeselemKay; ashton_h; bellows_r
Cc: RamirezHeather; WilliamsSteven; KlatzkowJeff; SchmittJoseph; puigj; IstenesSusan
Subject: RE: Ngala
I spoke with Martha Vergara in the Clerk's Office who told me the Naples Daily News did not advertise this yesterday, as
scheduled. I directed her to advertise if tomorrow but now we have to move the item to meet the fifteen day notice
requirement.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-6300
From: DeselemKay
Sent: Monday, April 27, 20099:38 AM
To: ashton_h; bellows_r
Cc: RamirezHeather; WilliamsSteven; KlatzkowJeff; TeachScott; SchmittJoseph; puigj; IstenesSusan
Subject: RE: Ngala
Are we sure? Heather is out on furlough so I cannot check with her. What have you heard?
1
I will not be in the office the week of 5/26, so that is not a good date to hear this petition--if there is a chance that it could
get pulled from the Summary Agenda. The next agenda is 6/9. I have two other petitions on that agenda, and I will be
here on that date.
Kay Deselem, AICP
Zoning & Land Development Review Department
Community Development & Environmental Services Division
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239.252.2931
Fax: 239.252.6357
17A
From: ashton_h
Sent: Monday, April 27, 20099:29 AM
To: bellows_r
Cc: DeselemKay; MossJohndavid; RamirezHeather; WilliamsSteven; KlatzkowJeff; TeachScott; SchmittJoseph; puig,j; IstenesSusan
Subject: Ngala
Ray,
We just got word that the Naples Daily News missed the advertising for the May 12 meeting. This
item is going to be continued until May 26.
Heidi Ashton-Cicko
Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief
Phone (239)252-8400
Fax (239) 252-6300
2
Martha S. Vergara
1 t?'A
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, May 20, 20093:48 PM
Martha S. Vergara
RE: CU-2003-AR-3725 - NGALA - Close Up Creatures
Excuse me for this one. I'm sending it over to be credited.
Thanks,
Emely
From: Martha S. Vergara [mailto:Martha.Vergara@collierderk.com]
Sent: Wednesday, May 20,20093:45 PM
To: Legals - NDN; Pagan, Emely
Cc: Patricia L. Morgan
Subject: CU-2003-AR-3725 - NGALA - Close Up Creatures
Emily,
I was going over the invoices sent from NON and found one for the following that never ran on the date that it was
supposed to. I can't find anything where was asked to have the ad run on May 12, 2009. I think this invoice was sent in
error, my supervisor has asked me to contact you and let you know that we can't pay for this item when it didn't run on
the date requested. The date that it ran (May 12, 2009) was the actual meeting date, we needed it run on April 26, 2009
for that meeting.
Ad Number 1793340
Invoice Number 3053713
NON reference # 59572456
If you have any questions feel free to call.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha .vergara@collierderk.com)
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.
17 A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
****~.**************************.********.***.*********~**.*********w*********.**.****.**.'.****k*****
Originating Dept/ Div: CDES.lZonine: Person: Kay Deselem, AICP@ Date: S - ~ - 0 9
Petition No. (If none, give brief description): CU-2003-AR-3725, NGALA
Petitioner: (Name & Address): Mr. Robert J. Mulhere, AICP, RWA, Inc., 6610 Willow Park Drive, Suite 300, Naples, FL
34109
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Close-Up
Creatures, Inc., Mr. Donovan Smith, 2755 Inez Rd., Naples, FL 34117: Mr. Richard Yovanovich, Goodlette, Coleman,
Johnson, Yovanovich, & Koester, 4001 Tamiami Trail N., Naples, FL 34103
Hearing before BCC
BZA
Other
Requested Hearing date:
June 9. 2009
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU-2003-AR-3725, Close Up Creatures, Inc.,
in reference to NGALA, represented by Robert J. Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., is requesting Conditional Uses pursuant to the Land Development
Code Section 2.03.01.A.] .C. The conditional uses being requested are as follows: Number 5, to allow aquaculture for
non-native or exotic species subject to Florida Fish and Wildlife Conservation Commission permits; Number 23, to allow a
Cultural, Ecological or Recreational Facility; and Number 25, commercial production, raising or breeding of exotic
animals. The subject property which has a Rural Agriculture zoning district designation and consists of 21:1: acres, is located on
Inez Road S.W" at the northwestern corner of the intersection of Inez Road and Kearney Avenue, approximately v..
mile south of Keene Avenue, in Section 30, Township 49 South, Range 27 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by:
~/1I/ oC]
Date .
List Attachments:
QlSTRIBUTION INSTRUCTIONS
A. 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: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
**.*w******~***************.*************~****w*********.*****'**~******************.*.*****.********
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
17A
RESOLUTION NO. 09 -
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USES TO ALLOW A CULTURAL ECOLOGICAL OR
RECREATIONAL FACILITY PURSUANT TO THE LAND DEVELOPMENT
CODE (LDC) SECTION 2.03.01.A.1.C.23; TO ALLOW AQUACULTURE FOR
NON-NATIVE OR EXOTIC SPECIES PURSUANT TO LDC SECTION
2.03.01.A.l.C.5; AND TO ALLOW COMMERCIAL PRODUCTION, RAISING OR
BREEDING OF EXOTIC ANIMALS, PURSUANT TO 2.03.01.A.1.C.25: ALL FOR
A 21:1: ACRE TRACT LOCATED ON INEZ ROAD, APPROXIMATELY ONE
QUARTER MILE SOUTH OF KEENE AVENUE IN SECTION 30, TOWNSHlP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate
and enforce zoning and such business regulations as are necessary for the protection of the public;
and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 2004-41), as amended, which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is the
granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Uses to allow a
cultural ecological or recreational facility pursuant to the Land Development Code (LDC) Section
2.03.01.A.l.C.23, to allow aquaculture for non-native or exotic species pursuant to 2.03.01.A.1.C.5
and to allow commercial production, raising or breeding of exotic animals pursuant to
2.03.01.A.l.C.25 on the property hereinafter described in Exhibit B, and the Collier County Planning
Commission has found as a matter of fact (Exhibit A) that satisfactory provision and arrangement
have been made concerning all applicable matters required by said regulations and in accordance
CU-2003-AR-3725 NGALA
Revised 04/23/09
Page ] on
17A
with Subsection 10.08.00.0. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
The petition filed by Close Up Creatures, Inc., d/b/a NGALA, represented by Robert J.
Mulhere, AICP of RWA, Inc. and Richard 0, Yovanovich, Esquire, of Goodlette, Coleman,
Johnson, Yovanovich & Koester P,A., with respect to the property hereinafter described in Exhibit B
be and the same is hereby approved to allow a cultural ecological or recreational facility in the Rural
Agricultural (A) Zoning District pursuant to the Land Development Code (LDC) Section
2.03.01.A.1.C.23, to allow aquaculture for non-native or exotic species pursuant to 2.03.01.A.LC.S
and to allow commercial production, raising or breeding of exotic animals pursuant to
2.03.01.A.1.C.25 in accordance with the Site Plan attached as Exhibit C and subject to the conditions
set forth in Exhibit D attached hereto and incorporated by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes ofthis Board.
This Resolution adopted after motion, second and super-majority vote this _ day of
, 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to fonn and
legal sufficiency:
Steven T. Williams
Assistant County Attorney
.1'"">
'1..2).0411
CU-2003-AR-3725 NGALA
Revised 04/23/09
Page 2 of3
17 A
Attachments: Exhibit A-Findings of Fact
Exhibit B-Legal Description
Exhibit C-Site Plan, dated March 24, 2009
Exhibit D-Conditions of Approval
CU-2003-AR-3725 NGALA
Revised 04/23/09
Page 3 00
17 A
FINDING OF FACT
BY
COLLIER COUNfY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-372S
The following facts are.found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V' No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience. traffic flow
and control, and access in case affire or catastrophe:
Adequate ingress & egress
Yes ~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ Affect mitigated by ~1o~l5 0-",) d to\).. ~r.s
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No_
Based on the above findings. this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: :3, \ tj" () l\
CHAIRMAN:~J ~'--'
EXHIBIT A
17A
FINDING OF FACT
BY
COLLmR COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03,07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Gran~g the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
.
Yes~ No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
:i.... No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes 'J- No
Based on the above findings, this conditional use should, with stip
recommended for approval to the Board of Zoning Appeals.
DATE: M~ \QC01
r.r
EXHIBIT A
VA
FINDING OF FACT
BY
COLLffiR COUNTY PLANNING COl\1l\1lSSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.S and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
YesL No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects;
/ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible 7tbin district
Yes No_
Based on the above findings, this conditional use should, wi s' ulations, (copy attached) be
recommended for pproval to the Board of Zoning Appeals.
MEMBER:
EXHIBIT A
17 A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
-'-
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c,v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with)he Land Development Code and Growth Management Plan:
YesL No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YeSL'NO_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects :
/'No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ./ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
~~~
".~
~..6(;;a:r v/?..{/v.,...~/
DATE: '$ -- /9' -'O'?
EXHIBIT A
'___,. -.:r III
17A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDDnONALUSE PETnITON
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2, Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V'" No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and con1rol, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
.v' No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ./" No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: ::!r-/ 9~ to f'
MEMBER: ~ ~ ~~
EXHIBIT A
17 A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETmON
~-2003-~-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes v" No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian' safety and convenience, traffic flow
and control, and access in case of tire or catastrophe:
Adequate ingress & egress
Yes (' No
U611V C:y {) tv J.,.. V ~U"5e:s I II /(AJ1, 4- /.-./ /lA...O s
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or /Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V' No
.<
;:
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: fv1/tJeC..H ,q I .J.oo'l
MEMBER: f-/J P'n J'11L-. '-l!.t d ~
EXHIBIT A
""'--;"'_"'~>~_~'''O^'"~_~''''"'';.~'''''''''''''_'_~__'____'_~'._i__.,'__",.,r
17 A'
FINDING OF FACT
BY
COLLffiR COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of .
A.
Consistency wi~e Land Development Code and Growth Management Plan:
Yes-i- No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control. and access in case of fire or catastrophe:
Adequate in7 egress
Yes No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effec,:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yesl No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:~) /1 )07
I I
MBMBER;~/A~ Q,~
I
EXHIBIT A
CU-2003-AR-3725
NGALA Conditional Use
Project: 2002090086
Date: 6/10/08
LEGAL DESCRlPTION:
THE NORTIIEAST 1/4 OF THE SOUTHEAST 114 OF THE NORTHEAST 1/4 AND
THE EAST 1/2 OF THE SOUTImAST 1/4 OF THE SOUfHEAST 1/4 OF THE
NORTHEAST 1/4 AND THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTIIEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
RIECIE BVIE n
JUN 1 0 2008 ,U
c;,.f
CU-2003-AR-3725
Exhibit B
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.....~ ~,.U.l\l $I CONDITIONAL USE SITE PLAN
Rit"l T ^ biC.==
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NGALA
1__~_'"____,~_,.~~,,'_,.'''''''''.'"''.''.M....._"._"_''''''''_....._,_..._"_.'"''''__..""''''._._''''"'.....,....,....,'~"~..,..,.....~_
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CU-2003-AR-S725
NGALA
CONDITIONS OF APPROVAL
1. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Nagala," prepared by RWA Consultants, Inc., dated March, 2008,
and last revised February 9, 2009, and as further limited below. The site plan
noted is conceptual in nature for conditional use approval. The final design must
be in compliance with all applicable federal, state, and county laws and
regulations, and receive appropriate and required approvals thru all federal, state
and county agencies.
2. There shall be no more than 1,000 guests on site at anyone time.
3. Visitors shall be transported to the site using buses, van or limousines. Visitor
arrival by private vehicle is prohibited.
4. Overnight stays by visitors/patrons is prohibited.
5. The facility shall not be open to the general public. All visitors must be guests
by prior appointment only.
6. Upon issuance of any tropical storm or higher intensity storm watch or warning,
the property owner shall ensure that all tents and any other temporary structures
are disassembled and removed from the site, or secured on site, immediately.
7. Parking on site is limited to the three gravel parking areas shown on site; unless
additional approvals are sought and approved thru the SDP or SIP processes.
8. Note #4 on the site plan shall be revised to indicate that any future expansion
shall be. subject to complete review in compliance with the applicable
requirements/processes in effect at the time. This Conditional Use approval
shall not usurp the need for any required development order (or amendments) or
permit approvals.
9. Any change in use of the existing single family house shall be subject to review
as a change of use to include, but not limited to review of the use for issues such
as, but not limited to, handicap access, landscaping and parking for the proposed
use.
10. Within 90 days of the approval of this Conditional Use application, the
developer shall submit a complete Site Improvement Plan Application to depict
existing and proposed structures and uses.
Revised 4/2/09
EXHIBIT 0
page 1 0(2
.,., hO'_' -.__._.,....__.. ______...._.__. .-..__..._n.____._________
17A
11. Event hours shall be limited. No event can commence before 8:30 a.m. Five
events per week may remain open until 11 p.m., all other events must end by 8
p.m. on any day of the week, except that any New Year's Eve event may remain
open Wltil 1 a.m., however, no more than 150 events ending after 8 p.m. shall be
allowed per year. Staff, such as clean up crews, may remain beyond the time
the event closes.
12. The developer shall retain a 30-foot wide indigenous buffer area aroWld the
entire site, except for the preserve area and those areas shown on the site plan
where existing structures or improvements encroach. In those areas where such
encroachments exist, the development shall comply with this buffer requirement
to the maximum extent possible. Any further expansion of the uses or additions
to existing structures or new structures on site shall require that this buffer,
where the vegetation does not achieve opacity to a height of six feet, be
augmented to provide two rows of #10 shrubs that are 4 foot on center, 60
inches high at time of planting. The shrubs shall be maintained at least at that
height. The buffer shall also include a double row of staggered trees, with the
trees to be a minimum of 10-feet high, with a four-foot spread and a 1.5-inch
caliper at time of planting. The trees shall be maintained at no less than 10 feet
high.
13. All additions to any existing or any new structures or tents shall not be located
closer than 60 feet from any property lines abutting or within Kearney Avenue
or Inez Road.
14. This project must obtain an Enviromnental Resource Permit from the South
Florida Water Management District.
15. Additional Environmental Conditions:
a) Provide a Preserve Management Plan on the Site Plan including methods
of exotic vegetation removal and maintenance along with Florida black bear and
Big Cypress fox squirrel Management Plans.
b) Fulfillment of any Florida panther mitigation as required by either the
United States Fish and Wildlife Service or the Florida Fish and Wildlife
Conservation Commission.
c) Provide a legally sufficient title opinion and conservation easement. The
Conservation Easement shall be recorded within 90 days of the determined final
Development Order.
16. Removal of fill from this site is prohibited.
17 A
Account #068779
April 30, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2003-AR-3725, NGALA
Dear Legals:
Please advertise the above referenced notice on Sunday, May 24, 2009 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500096189
17 ~
NOTICE OF PUBLIC HEARING
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, June 9, 2009, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301
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
CONDITIONAL USES TO ALLOW A CULTURAL ECOLOGICAL OR
RECREATIONAL FACILITY PURSUANT TO THE LAND DEVELOPMENT
CODE (LDC) SECTION 2.03.01.A.1.C.23; TO ALLOW AQUACULTURE
FOR NON-NATIVE OR EXOTIC SPECIES PURSUANT TO LDC SECTION
2.03.01.A.1.C.5; AND TO ALLOW COMMERCIAL PRODUCTION,
RAISING OR BREEDING OF EXOTIC ANIMALS, PURSUANT TO
2.03.01.A.1.C.25; ALL FOR A 21 +/- ACRE TRACT LOCATED ON INEZ
ROAD, APPROXIMATELY ONE QUARTER MILE SOUTH OF KEENE AVENUE
IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA
The Board will consider Petition CU-2003-AR-3725, Close Up
Creatures, Inc., in reference to NGALA, represented by Robert J.
Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., is
requesting Conditional Uses pursuant to the Land Development Code
Section 2.03.01.A.1.C. The conditional uses being requested are as
follows: Number 5, to allow aquaculture for non-native or exotic
species subject to Florida Fish and Wildlife Conservation
Commission permits; Number 23, to allow a Cultural, Ecological or
Recreational Facility; and Number 25, commercial production,
raising or breeding of exotic animals. The subject property which
has a Rural Agriculture zoning district designation and consists
of 21 +/- acres, is located on Inez Road S.W., at the northwestern
corner of the intersection of Inez Road and Kearney Avenue,
approximately X mile south of Keene Avenue, in Section 30,
Township 49 South, Range 27 East, Collier County, 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 5 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,
17,4
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.
BOARD OF COUNTY COMMISISONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
(;et}~~!y~,~ofe~llier
~"d'" ,
CLERK OF THE crRcDIT COURT
l'
COLLIER COUNTY COURTflOUSE
, \
3301 TAMIAMI ~IL EAST
P.O. BOX 4B044
NAPLES, FLORIDA 1]41 0 1-3~44
~~.~" I
.~II"
'~ ~
17 A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 30, 2009
Close-up Creatures, Inc.
Donovan Smith
2755 Inez Rd.
Naples, FL 34117
Re: Petition CU-2003-AR-3725, NGALA
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, June 9, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, May 24, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
fu.w- ~ O.C.
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
....._'_1. "'n ""._'"'''''#-.-....'''''......''''.''''....~".."
Dwight E. Brock
Clerk of Courts
(:'eo;nty~pfe'ollier
1,1,",,' '\ \
CLERK OF THE C~RC\JIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI ~IL EAST
Po. BOX 413044\
NAPLES, FLORIDA']4101-3~44
,,,J1/:> ,1
fY-:. .'
1,7iA
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 30, 2009
Goodlette, Coleman, Johnson, Y ovanovich & Koester
Richard Y ovanovich
4001 Tamiami Trail
Naples, FL 34103
Re: Petition CU-2003-AR-3725, NGALA
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, June 9, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, May 24, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
D.U<<. ~O(.
Ann J enneJ ohn,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
<:ien;~t~-"ofe'Ollier
.~."'...-- l"" \,
CLERK OF THE GlRCtJIT COURT
COLLIER COUNTY ~OURTfIOUSE
3301 TAMIAMI ~IL EAST
P.O. BOX 413044
NAPLES, FLORIDA1410 1-3Q44
,,[~/ F
1Jt;~' )
17 A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 30, 2009
RWA, Inc.
Robert J. Mulhere, AICP
6610 Willow Park Drive
Suite 300
Naples, FL 34109
Re: Petition CU-2003-AR-3725, NGALA
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, June 9, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, May 24, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
A~O~O~ .
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Thursday, April 30, 20094:37 PM
To: 'Iegals@naplesnews.com'
Subject: CU-2003-AR-3725 NGALA
Attachments: CU-2003-AR-3725.doc; CU-2003-AR-3725.doc
Hi,
Please advertise the attached on May 24, 2009.
Thank you,
Ann P. Jennejohn
Clerk to the Board
Minutes and Records Department
239-252-8406
Fax: 239-252-8408
anl'l.jennej ohl'l@~oJli~rclerk. com
4/30/2009
Page 1 of 1
17 A
_._ .~.. r<1'1'l11:'" '" --
Page I of 1
Ann P. Jennejohn
17A
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Friday, May 01,2009 10:21 AM
To: Ann P. Jennejohn
Subject: RE: CU-2003-AR-3725 NGALA
ok
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Posted At: Thursday, April 30, 20094:37 PM
Posted To: Legals - NDN
Conversation: CU-2003-AR-3725 NGALA
Subject: CU-2003-AR-3725 NGALA
Hi,
Please advertise the attached on May 24, 2009.
Thank you,
Ann P. Jennejohn
Clerk to the Board
Minutes and Records Department
239-252-8406
Fax: 239-252-8408
Clrm.j el1lJ~ QhrL@colli erc I~rk-,~om
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.
5/1/2009
17 A
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Friday, May 01,2009 10:54 AM
Ann P. Jennejohn
Ad Confirmation
Attachments:
UASAE.jpg
UASAE.jpg (32 KB)
OTICE OF PUBLIC HEARING
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, June 9,2009, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 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 CONDITIONAL USES TO ALLOW A CULTURAL
ECOLOGICAL OR RECREATIONAL FACILITY PURSUANT TO THE LAND DEVELOPMENT CODE (LDC)
SECTION 2.03.01.A.1.C.23; TO ALLOW AQUACULTURE FOR NON-NA TIVE OR EXOTIC SPECIES
PURSUANT TO LDC SECTION 2.03.01.A.1.C.5; AND TO ALLOW COMMERCIAL PRODUCTION,
RAISING OR BREEDING OF EXOTIC ANIMALS, PURSUANT TO 2.03.01.A.1.C.25; ALL FOR A 21 +/-
ACRE TRACT LOCATED ON INEZ ROAD, APPROXIMATELY ONE QUARTER MILE SOUTH OF KEENE
AVENUE IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA
The Board will consider Petition CU-2003-AR-3725, Close Up Creatures, Inc., in reference to NGALA, represented
by Robert J. Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, Johnson,
Yovanovich & Koester, P.A., is requesting Conditional Uses pursuant to the Land Development Code Section
2.03.01.A.1.C. The conditional uses being requested are as follows: Number 5, to allow aquaculture for non-native or
exotic species subject to Florida Fish and Wildlife Conservation Commission permits; Number 23, to allow a
Cultural, Ecological or Recreational Facility; and Number 25, commercial production, raising or breeding of exotic
animals. The subject property which has a Rural Agriculture zoning district designation and consists of 21 +/- acres,
is located on Inez Road S.W., at the northwestern corner of the intersection of Inez Road and Kearney Avenue,
approximately i mile south of Keene Avenue, in Section 30, Township 49 South, Range 27 East, Collier County,
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 5 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 wi II need a record of the proceedings pertaining thereto
1
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.
BOARD OF COUNTY COMMISISONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann J ennejohn, Deputy Clerk
(SEAL)
May 24 No1796727
17A
Ad Number
Total Ad Cost
1796727
$478.10
Thank you for placing your ad.
Emely
213-6061
2
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
17A
- - - -~~ - - - - - - - - - - ~- - ~ - - - -- +- -,-::-'-:: - - - - - -- - - - - - - ~- - - - - - --
~~~~yc:HiAIJNG_
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~~~
Slgnature of Affiant ~______~-
Sworn to and Subscribed before me this L"--/ day o~ elJ kJ.lf
_(:, Kl 'U-k (),I ) J <'-~::kYlCt'(,9--l
. ~.;~:: ,;2 ;""~/i':;~~~#"
f.;' f~ ".*~
~~~~~'~~t~/
#"/f/j9;;:~~~'\'" Bender.! Thril TIO'I F?in insurance 800.'385.70: ~
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
FOB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59572456
P.O. #4500096189
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Chris Doyle, who on oath says that he
serves as the President and Publisher of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
ColJier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 05/12 05/12
AD SPACE:
FILED ON:
170 LINE
05/12/09
Personally known by me
/.'...c
2~i(
l.,nANtL 1\. ~JlCuONALL
Commission DD 650475
Expires June 29, 2011
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17 A
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 Oftice. The completed routing slip and original
documents are to be forwarded to the Board Ofl'icc only after the Roard has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines # I throu h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
I S.\tf,(-\v,~
(01 (l Oq
PRIMARY CONT ACT 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 oftiee only after the BCC has acted to approve the
item.)
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
Name of Primary Staff Kay Deselem Phone Number 252-2931
Contact
Agenda Date Item was June 9, 2009 Agenda Item Number 17.A.
Approved by the BCC
Type of Document 01 dlualll:dReso I uti on ~Dcl1-~-o Number of Original I
Attached Documents Attached
6. Minutes and Records
Clerk of Court's Office
Yes
(Initial)
KV
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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 ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson 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 our deadlines!
The document was approved by the BCC on ~....I\L II ) ).009 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a licable.
N/A
KV
KV
KV
KV
2.
3.
4.
5.
6.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2405
MEMORANDUM
Date
June 10, 2009
To:
Kay Dese1em, Principal Planner
Zoning and Land Development
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-150: NGALA
Enclosed please find one (1) copy of the document referenced above,
Agenda Item #17 A. This resolution was adopted by the Board of
County Commissioners on Tuesday, June 9, 2009.
The Minutes and Records Department has retained the original for the
public record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
17 f
II
RESOLUTION NO. 09 _ 1 50
17A
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USES TO ALLOW A CULTURAL ECOLOGICAL OR
RECREATIONAL FACILITY PURSUANT TO THE LAND DEVELOPMENT
CODE (LDC) SECTION 2.03.01.A.1.C.23; TO ALLOW AQUACULTURE FOR
NON-NA TIVE OR EXOTIC SPECIES PURSUANT TO LDC SECTION
2.03.01.A.1.C.5; AND TO ALLOW COMMERCIAL PRODUCTION, RAISING OR
BREEDING OF EXOTIC ANIMALS, PURSUANT TO 2.03.01.A.l.C.25: ALL FOR
A 2H ACRE TRACT LOCATED ON INEZ ROAD, APPROXIMATELY ONE
QUARTER MILE SOUTH OF KEENE AVENUE IN SECTION 30, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67~1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate
and enforce zoning and such business regulations as are necessary for the protection of the public;
and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 2004-41), as amended, which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is the
granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Uses to allow a
cultural ecological or recreational facility pursuant to the Land Development Code (LDC) Section
2.03.01.A.1.C.23, to allow aquaculture for non-native or exotic species pursuant to 2.03.01.A.1.C.5
and to allow commercial production, raising or breeding of exotic animals pursuant to
2.03.01.A.l.C.25 on the property hereinafter described in Exhibit B, and the Collier County Planning
Commission has found as a matter of fact (Exhibit A) that satisfactory provision and arrangement
have been made concerning all applicable matters required by said regulations and in accordance
CU-2003-AR-3725 NGALA
Revised 04/23/09
Page 1 of 3
with Subsection 10.08.00.D. of the Land Development Code; and
17A
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
The petition filed by Close Up Creatures, Inc., d/b/a NGALA, represented by Robert J.
Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman,
Johnson, Y ovanovich & Koester P .A., with respect to the property hereinafter described in Exhibit B
be and the same is hereby approved to allow a cultural ecological or recreational facility in the Rural
Agricultural (A) Zoning District pursuant to the Land Development Code (LDC) Section
2.03.01.A.1.C.23, to allow aquaculture for non-native or exotic species pursuant to 2.03.01.A.1.C.5
and to allow commercial production, raising or breeding of exotic animals pursuant to
2.03.01.A.I.C.25 in accordance with the Site Plan attached as Exhibit C and subject to the conditions
set forth in Exhibit D attached hereto and incorporated by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and super-majority vote this q~ day of
-Ju.ne...
,2009.
ATTEST:
DWI?ij}.:-.ij..13~?CK, CLERK
~~k
~.. .0:. '. " ...
, ':" '.' . .' . . .
~"[ .~ "'>,~. <'Jerk
S~<J(\~t~ O(at"
Approved as t(ffoTm and
legal sufficiency:
L7.W!'
Steven T. Williams
Assistant County Attorney
11"">
't..n.()~
BOARD OF ZONING APPEALS
COLLI~E COUNTY, FLORIDA
/ l / -
By: ' -, t',??~.., ~~
DONNA FIALA, CHAIRMAN
Ilem# ~
~:da f.o{q/ti4
:~d ~
~'-(
CU-2003-AR-3725 NGALA
Revised 04/23/09
Page 2 of 3
Attachments: Exhibit A-Findings of Fact
Exhibit B-Legal Description
Exhibit C-Site Plan, dated March 24, 2009
Exhibit D--Conditions of Approval
17A
CU-2003-AR-3725 NGALA
Revised 04/23/09
Page 3 of3
17A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use,
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes v/ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes
~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ffectmitigated by ~\o~LS o..>-J d GU--~IS
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
CHAfRMAN:~oJ k~
EXHIBIT A
DATE: j , \ Ci., D S
17A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
,
Yes~ Na_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
c. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
i No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes 'f- No
Based on the above findings, this conditional use should, with stip
recommended for approval to the Board of Zoning Appeals.
DATE: MtYK.~ \C\, ?a11
CIJ1~_.h'~N.-.
~
EXHIBIT A
17A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
YesL No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible 7thin district
Yes No
Based on the above fmdings, this conditional use should, wi
recommended for pproval to the Board of Zoning Appeals.
ulations, (copy attached) be
DATE:
MEMBER:
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17 A
--'-
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes / No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
/
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
./N"o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ./ No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE::J-19-o'~ ~W.,. /~
/'~
EXHIBIT A
j3 ,;; (;; .z.T V I t: -< / ('./ ..,-,.. /
17 A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ...........- No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes V' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
v'" No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ../ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: ~-/r- 0 f?
MEMBER: 4t ~~~
EXHIBIT A
17A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V' No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes ( No
!A.-;'IIUGt ONI-Y fJU~~) /JAAJ5 4- /.-1 J"Vtos
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: /V11+Je.C..H fer I .J-ooCj
MEMBER: flh1rlA-, ~d ~
EXHIBIT A
17 A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
consistencYl' the Land Development Code and Growth Management Plan:
Yes No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingry egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
J No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yesl No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:~) J q )01
/ I
MEMBER -.li/A/ Q,~
I
EXHIBIT A
CU-2003-AR-3725 1 7 A
NGALA Conditional Use
Project: 2002090086
Date: 6/10/08
LEGAL DESCRIPTION:
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND
THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 AND THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
o IeC IE BVlE TI
~ JUN 1 0 2008 IU
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CU-2003-AR-3725
Exhibit B
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NGALA
CONDITIONAL USE SITE PLAN
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Exhibit C
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17 A
CU-2003-AR-3725
NGALA
CONDITIONS OF APPROVAL
1. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Nagala," prepared by RW A Consultants, Inc., dated March, 2008,
and last revised February 9, 2009, and as further limited below. The site plan
noted is conceptual in nature for conditional use approval. The final design must
be in compliance with all applicable federal, state, and county laws and
regulations, and receive appropriate and required approvals thru all federal, state
and county agencies.
2. There shall be no more than 1,000 guests on site at anyone time.
3. Visitors shall be transported to the site using buses, van or limousines. Visitor
arrival by private vehicle is prohibited.
4. Overnight stays by visitors/patrons is prohibited.
5. The facility shall not be open to the general public. All visitors must be guests
by prior appointment only.
6. Upon issuance of any tropical storm or higher intensity storm watch or warning,
the property owner shall ensure that all tents and any other temporary structures
are disassembled and removed from the site, or secured on site, immediately.
7. Parking on site is limited to the three gravel parking areas shown on site; unless
additional approvals are sought and approved thru the SDP or SIP processes.
8. Note #4 on the site plan shall be revised to indicate that any future expansion
shall be subject to complete review in compliance with the applicable
requirements/processes in effect at the time. This Conditional Use approval
shall not usurp the need for any required development order (or amendments) or
permit approvals.
9. Any change in use of the existing single family house shall be subject to review
as a change of use to include, but not limited to review of the use for issues such
as, but not limited to, handicap access, landscaping and parking for the proposed
use.
10. Within 90 days of the approval of this Conditional Use application, the
developer shall submit a complete Site Improvement Plan Application to depict
existing and proposed structures and uses.
Revised 4/2/09
EXHIBIT D
page 1 of 2
17 A
11. Event hours shall be limited. No event can commence before 8:30 a.m. Five
events per week may remain open until 11 p.m., all other events must end by 8
p.m. on any day of the week, except that any New Year's Eve event may remain
open until 1 a.m., however, no more than 150 events ending after 8 p.m. shall be
allowed per year. Staff, such as clean up crews, may remain beyond the time
the event closes.
12. The developer shall retain a 30-foot wide indigenous buffer area around the
entire site, except for the preserve area and those areas shown on the site plan
where existing structures or improvements encroach. In those areas where such
encroachments exist, the development shall comply with this buffer requirement
to the maximum extent possible. Any further expansion of the uses or additions
to existing structures or new structures on site shall require that this buffer,
where the vegetation does not achieve opacity to a height of six feet, be
augmented to provide two rows of #10 shrubs that are 4 foot on center, 60
inches high at time of planting. The shrubs shall be maintained at least at that
height. The buffer shall also include a double row of staggered trees, with the
trees to be a minimum of 10-feet high, with a four-foot spread and a 1.5-inch
caliper at time of planting. The trees shall be maintained at no less than 10 feet
high.
13. All additions to any existing or any new structures or tents shall not be located
closer than 60 feet from any property lines abutting or within Kearney A venue
or Inez Road.
14. This project must obtain an Environmental Resource Permit from the South
Florida Water Management District.
15. Additional Environmental Conditions:
a) Provide a Preserve Management Plan on the Site Plan including methods
of exotic vegetation removal and maintenance along with Florida black bear and
Big Cypress fox squirrel Management Plans.
b) Fulfillment of any Florida panther mitigation as required by either the
United States Fish and Wildlife Service or the Florida Fish and Wildlife
Conservation Commission.
c) Provide a legally sufficient title opinion and conservation easement. The
Conservation Easement shall be recorded within 90 days of the determined final
Development Order.
16. Removal of fill from this site is prohibited.
Revised 4/2/09
EXHIBIT 0
page 1 of 2