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Resolution 2009-150 RESOLUTION NO. 09 _ 1 50 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES TO ALLOW A CULTURAL ECOLOGICAL OR RECREATIONAL FACILITY PURSUANT TO THE LAND DEVELOPMENT CODE (LDC) SECTION 2.03.01.A.l.C23; TO ALLOW AQUACULTURE FOR NON-NA TIVE OR EXOTIC SPECIES PURSUANT TO LDC SECTION 2.03.01.A.l.C5; AND TO ALLOW COMMERCIAL PRODUCTION, RAISING OR BREEDING OF EXOTIC ANIMALS, PURSUANT TO 2.03.01.A.l.C25: ALL FOR A 21::1:: ACRE TRACT LOCATED ON INEZ ROAD, APPROXIMA TEL Y ONE QUARTER MILE SOUTH OF KEENE A VENUE IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41), as amended, which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses to allow a cultural ecological or recreational facility pursuant to the Land Development Code (LDC) Section 2.03.01.A.l.C23, to allow aquaculture for non-native or exotic species pursuant to 2.03.01.A.l.C5 and to allow commercial production, raising or breeding of exotic animals pursuant to 2.03.01.A.l.C.25 on the property hereinafter described in Exhibit B, and the Collier County Planning Commission has found as a matter of fact (Exhibit A) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance CU-2003-AR-3725 NGALA Page 1 of 3 Revised 04/23/09 with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The petition filed by Close Up Creatures, Inc., d/b/a NGALA, represented by Robert J. Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, Johnson, Y ovanovich & Koester P.A., with respect to the property hereinafter described in Exhibit B be and the same is hereby approved to allow a cultural ecological or recreational facility in the Rural Agricultural (A) Zoning District pursuant to the Land Development Code (LDC) Section 2.03.01.A.l.C.23, to allow aquaculture for non-native or exotic species pursuant to 2.03.01.A.l.C.5 and to allow commercial production, raising or breeding of exotic animals pursuant to 2.03.01.A.l.C.25 in accordance with the Site Plan attached as Exhibit C and subject to the conditions set forth in Exhibit D attached hereto and incorporated by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote this q+lv day of :Tu.ne... ,2009. ATTEST: DWIGl:tJ'p~ 13.ROCK, CLERK ~.,"" .""" .C.1). ........_e: .....;.'., '. . . ~\ ~. . , . . ~"( .~ '" , ~ ~erk .~ _ S 1~~~~ oti" '..; .' -' ~ ;.-. . ....... Appr~rv.ed as t9' ~onn and legal sufficiency: L7.wL- Steven T. Williams Assistant County Attorney 51".,) 't..zS.o4ll BOARD OF ZONING APPEALS COLL)(J COUN. TY, FLORIDA By IjJ~ d~ DONNA FIALA, CHAIRMAN CU-2003-AR-3725 NGALA Revised 04/23/09 Page 2 of 3 Attachments: Exhibit A-Findings of Fact Exhibit B-Legal Description Exhibit C-Site Plan, dated March 24, 2009 Exhibit D-Conditions of Approval CU-2003-AR-3725 NGALA Revised 04/23/09 Page 3 of 3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-3725 The following facts are found: 1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or vAffect mitigated by ~1o~LS (J."-.l c\ lov-.~rj _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. ~ I:A C DATE: j. \ .~,' D \ CHAIRMAN:~(~. ~~ EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COM:MISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-3725 The following facts are found: 1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: . Yes~ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fIre or catastrophe: Adequate ingress & egress Yes:l.- No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 'f- No Based on the above findings, this conditional use should, with stip recommended for approval to the Board of Zoning Appeals. DATE: MIYK~ \C~ ( ?a17 ('~~_.f:.:H.---. ~ EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-3725 The following facts are found: 1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects : --.L.." No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 7tbin district Yes No DATE: MEMBER: Based on the above findings, this conditional use should, wi recommended for pproval to the Board of Zoning Appeals. ulations, (copy attached) be EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR --4- CU-2003-AR-3725 The following facts are found: 1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress / Yes ./ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ./N-o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ./ No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. ~lAl.,.. ~. /.,~ DATE: -:) -if ~O'? EXHIBIT A j8 ..d(;a:T b I ~ -< /v-r-;j FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-3725 The following facts are found: 1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V" No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V"" No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ../ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: Y-/7'- 0 P MEMBER: ;W ~~~ EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-3725 The following facts are found: 1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ( No lA-~/JlJ~ {)NJ....Y I?:JU~&3J tJtt~ 4- 1--/ fl4..0S C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. o ATE: f'v1 It I€.C. H 'Cf I J.-ooCj MEMBER: f-IM7r1"--. ~d ~ EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMM:ISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-3725 The following facts are found: 1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency wi,the Land Development Code and Growth Management Plan: YesL No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate in7ess egress Yes No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: J No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yesl No Based on the above findings, this conditional use should, with stipulations, (copy attached) be rc:~ornmended for approval to the Board of Zoning Appeals. DATE: -1) J q ) cfi I / I MEMBER: --li<~ Q,~ / EXHIBIT A C U-2003-AR-3725 NGALA Conditional Use Project: 2002090086 Date: 6/10/08 LEGAL DESCRIPTION: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLlER COUNTY, FLORIDA. o IeCreOVIE n ~ JUN 1 0 2008 U L::;J CU-2003-AR-3725 Exhibit B ! "1" i . "-1+ ~ ~.' ~ i ! ~ ~ !lll , I! III 11 III 1'.1 . Ii I .... c:: '" ~ ~ o ~~ ~ ~~ 5 ':"1 ~ ~ ~ .... ,. <: o '" " a~~' ,/ [!Jr' ", '. . '.!-;' I:; 'l. ., ",-. -~.....:.t..j :;1.. ". , . :, ~ '" ~~ 0.., ~..,., <). ::j~ )..:::; r-~ ') : , I : "J : " , : / i " a.. g.~S~ !? '" ~~~ 1~ ~L ::",,'l ili INEZ ROAD \IIRClI,M.rn 'j7(\t';~.t.<l,OO 07{~1'l11 ,;Fe TII'I" ffGF, lI/ ~m; 2;1: '''''CLOSE-UP CREA TURES, INC ::-/l CONDITIONAL USE SITE PLAN '. c , ~ "':""" -r: ~ ~ '...:;I~~ ~'~~~~ i~.~ ~!.i :~:l~ ~,,~ ~ - ~:~.? ~ ~;~~ .d;;;", ~. '~: 0:: "":::!: 'f: ~ ~ 't 'i", ~~i ,i ~ ." ,"!.~ '" " " '. ,:;~ :::J c:: '" ~ 0 ~ 0 ~~ '" 3;;J "ro ~ Clro '.., '.;: ~~ Cl .... ). <: Sl :r~ .1 : '" ~ ';. I ~,? ~n ~.~. ; ~"; -j, h : ~ . ;!' ,01 ~I ., '.) ,.,," ~. , I ~'!l t~ , . : J ! , ~i ? rtO!Ct-_, :.::....."-Ti:;,c..i... ;' ,~1 \ 500UJ',rf. !~ ~i · ;~ ~j ~ .. I ~~ii ~m _,.<t~ ;;~ ,if r, ~ ~] -1 l,' iJ ~; I I:, ~ f; ~ NGALA -.:i;; -:<;.,---\ -----..,.-- -~ \~\S"- / ) ,', ,'I .' t " 'I',,' I 1'1" I " tll. II - , " i ~. I r' I.' I f' I I' I r' t " If' I I' 'I f,' 'I', .'11" / I.' I,' ~.'. / I.' I, I " t ~. i l' I .' t I' , I' . l' \ ,; t ~' i ~. ) f . " ff'.: If' I "'I"f'~9 I ~'If' I . f'f: I \",",', f' ~ ,'~~ ~ ,'I: t . I I' l r'! " I " I " I / i f' ~ .' f " I : I ,. ",' 1 :' " ~ " I " I I' I ~' I .' I .' I " I : I .: I.: t, I -: I,: I .: I,: f" I,: j < I '; ~ ~~5 E!~ _:. _~. w_ _ I J I'" ~13 ~ ~! ~ <5 Cr, .., -:; ~ I" :::2 0>- g", OJ '" ~~ ~g C"'.~ ~~ it .n;~.iii: ;.~~~ ~~~~~ nm ~,;~~~ ; ~~~: ~~.:~ ';'~~~ '" , i'- :~'~, ~-- h~ f. ., ~~ - r I' 0 is ;;; r' ~ " 1 : ;:! <:: '" ~ d o ~~ ~ ~~ ~ :.:ii; t; , s: .... ~ n o z u ~ --3 ~ @z >0 r~ @r ~~ ~ --3 m ~ r ~ CU-2003-AR-3725 Exhibit C D'XT ^ lNC.~~on CONSUL TING Gvil Engin<cring .... "" ,..I. .... SIlIV<ying & Mapping .,._P""'an.......i'CIO,NopItt..~'""...~'OI ll:Jtj5l7-llS15 ~U:tutl~Hlli71 '5oIrCo'_'.0Ill.~MMw<n.f"'Iol.>>tIl lmJ271.m. ~U:12 11f.~" CU-2003-AR-3725 NGALA CONDITIONS OF APPROVAL I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Nagala," prepared by RW A Consultants, Inc., dated March, 2008, and last revised February 9, 2009, and as further limited below. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations, and receive appropriate and required approvals thru all federal, state and county agencies. 2. There shall be no more than 1,000 guests on site at anyone time. 3. Visitors shall be transported to the site using buses, van or limousines. Visitor arrival by private vehicle is prohibited. 4. Overnight stays by visitors/patrons is prohibited. 5. The facility shall not be open to the general public. All visitors must be guests by prior appointment only. 6. Upon issuance of any tropical storm or higher intensity storm watch or warning, the property owner shall ensure that all tents and any other temporary structures are disassembled and removed from the site, or secured on site, immediately. 7. Parking on site is limited to the three gravel parking areas shown on site; unless additional approvals are sought and approved thru the SDP or SIP processes. 8. Note #4 on the site plan shall be revised to indicate that any future expansion shall be subject to complete review in compliance with the applicable requirements/processes in effect at the time. This Conditional Use approval shall not usurp the need for any required development order (or amendments) or permit approvals. 9. Any change in use of the existing single family house shall be subject to review as a change of use to include, but not limited to review of the use for issues such as, but not limited to, handicap access, landscaping and parking for the proposed use. 10. Within 90 days of the approval of this Conditional Use application, the developer shall submit a complete Site Improvement Plan Application to depict existing and proposed structures and uses. Revised 4/2/09 EXHIBIT 0 page 1 of 2 11. Event hours shall be limited. No event can commence before 8:30 a.m. Five events per week may remain open until 11 p.m., all other events must end by 8 p.m. on any day of the week, except that any New Year's Eve event may remain open until I a.m., however, no more than 150 events ending after 8 p.m. shall be allowed per year. Staff, such as clean up crews, may remain beyond the time the event closes. 12. The developer shall retain a 30-foot wide indigenous buffer area around the entire site, except for the preserve area and those areas shown on the site plan where existing structures or improvements encroach. In those areas where such encroachments exist, the development shall comply with this buffer requirement to the maximum extent possible. Any further expansion of the uses or additions to existing structures or new structures on site shall require that this buffer, where the vegetation does not achieve opacity to a height of six feet, be augmented to provide two rows of #10 shrubs that are 4 foot on center, 60 inches high at time of planting. The shrubs shall be maintained at least at that height. The buffer shall also include a double row of staggered trees, with the trees to be a minimum of lO-feet high, with a four-foot spread and a 1.5-inch caliper at time of planting. The trees shall be maintained at no less than 10 feet high. 13. All additions to any existing or any new structures or tents shall not be located closer than 60 feet from any property lines abutting or within Kearney A venue or Inez Road. 14. This project must obtain an Environmental Resource Permit from the South Florida Water Management District. 15. Additional Environmental Conditions: a) Provide a Preserve Management Plan on the Site Plan including methods of exotic vegetation removal and maintenance along with Florida black bear and Big Cypress fox squirrel Management Plans. b) Fulfillment of any Florida panther mitigation as required by either the United States Fish and Wildlife Service or the Florida Fish and Wildlife Conservation Commission. c) Provide a legally sufficient title opinion and conservation easement. The Conservation Easement shall be recorded within 90 days of the determined final Development Order. 16. Removal of fill from this site is prohibited. Revised 4/2/09 EXHIBIT 0 page 1 of 2