Agenda 06/09/2009 Item #17A
Agenda Item No. 17 A
June 9, 2009
Page 1 of 272
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EXECUTIVE SUMMARY
CU-2003-AR-3725: Close Up Creatures, Inc. (DBA NGALA), represented by Robert J.
Mulhere, AICP of RW A, 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 21:1:: acres, is located on Inez Road S.W., at the
northwestern corner of the intersection of Inez Road and Kearney A venue, approximately one
quarter mile south of Keene Avenue, in Section 30, Township 49 South, Range 27 East, Collier
County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) review staffs findings and recommendations along
with the recommendations of the Collier County Planning Commission (CCPe) regarding the above
referenced Conditional Use petition and render a decision regarding the petition.
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CONSIDERATIONS:
The Petitioner has applied for three separate Conditional Uses as provided for in the Rural
Agricultural (A) zoning district 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 cultural, educational and recreational facilities and commercial production, raising,
and breeding of exotic animals per LDC Section 2.03.01.A.1.C. The applicant seeks after-the-fact
approval of these Conditional Uses so the existing uses on site will become compliant with the LDC
zoning requirements. The site is currently developed with facilities to house, train and exhibit
exotic animals; restroom facilities for patrons; a single-family home; and a large tent within which
events are held and meals are served.
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According to the petitioner, portions of the facility and animals have been located on the property
since 1990. NGALA was originally created as a boarding and training facility for animals. To
assist with the financial obligations related to boarding and feeding the animals, the property owner
scheduled events to raise revenue and these activities evolved into the present day facilities.
Currently the events are usually held using a quasi-safari theme under a tent located on the property.
The property owner, states that he has held these events for various charities, corporations, and
children's organizations as well as corporate retreats; school functions; and other groups. The
petitioner further states that the events provide an opportunity to view and learn about wildlife and
other animals as well as the animal husbandry, aquaculture, and agricultural uses and activities
occurring on-site. Arrival by individual persons in private vehicles without an appointment is not
allowed. Visitors to the facility are accepted by group appointment only, and unlike zoos and
roadside attractions, the facility is: not advertised to drive up visitors; not open to drive-up patrons;
Page 1 of 6
Agenda item No. 17 A
June 9, 2009
Page 2 of 272
not advertised with off-site signage; ticketed admissions are not offered; animals are not on
permanent display but housed out of sight; animals are only exhibited for special pre-scheduled
events; and visitors and events occur only with a pre-arranged, scheduled appointment.
Transportation is pre-arranged and accommodated by van or bus or other similar means. The owner
has indicated that there will be a maximum of 20 employees on site at anyone time. Day-to-day
operations do not require many employees; the number of employees or contract works such as
caterers only increases during events.
The applicant contends that fire and emergency vehicles have adequate access since the ingress and
egress to the facility has been created to support the size and maneuverability of motor coaches.
FISCAL IMPACT:
The Conditional Use, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development, however,
if the Conditional Use is approved, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the impacts
of each new development on public facilities. These impact fees are used to fund projects identified
in the Capital Improvement Element (CIE) of the Grov.rth Management Plan (GMP) as needed to
maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the
requirements of concurrency management, the developer of every local development order
approved by Collier County is required to pay 50 percent of the estimated Transportation Impact
Fees associated with the project. Other fees collected prior to issuance of a building pennit include
building permit review fees and utility fees associated with connecting to the County's water and
sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to
applicable properties, and that revenue is directly related to the value of improvements. Please note
that the inclusion of impact fees and taxes collected are for infom1ational purposes only; they are
not included in the criteria used by Staff and the Collier County Planning Commission (Cepe) to
analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property is presently designated
Agricu1turallRura1, Rural Fringe Mixed Use District, Sending Lands, on the Future Land Use Map
(FLUM) of the Collier County Grov.rth Management Plan (GMP). Provisions regulating Sending
Lands are part of the Future Land Use Element (FLUE) of the GMP. The subject property has
specific FLUE considerations. Please refer to the CCPC staff report for details.
Transportation Element (TE): The Traffic Impact Statement (TIS) indicates that the proposed
Conditional Use results in a total of seven two-way peak PM hour trips. The maximum number of
two way daily trips generated by the site is 71 vehicles. This represents a 1.0 percent impact on
Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road; a 1.1 percent impact on Collier
Boulevard from Pine Ridge Road to Golden Gate Parkway; and a 0.7 percent impact on Pine Ridge
Road from Logan to Collier Boulevard. The traffic impacts associated with the NGALA petition are
included in the existing background traffic and do not represent a significant impact on any arterial
.- or collector roadway. Therefore, this petition can be considered consistent with Policy 5.1 as well as
the other applicable policies of the Transportation Element of the Growth Management Plan [GMP].
Customers to events will be transported by bus; no individual can alTive by private car.
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Aoenda Item No. 17 A
~ June 9. 2009
Page 3 of 272
Conservation and Coastal Management Element (CCME): The project site consists of 20.08
acres of native vegetation according to the definition in the GMP and LDC and has been verified by
staff on site. On site native vegetation communities include pine tlatwoods (2.18:l: acres), mesic pine
tlatwoods/Western Everglades hardwoods (8.68 :l:acres), cabbage palm/saw palmetto (1.89:l: acres),
and cypress/pine/cabbage palm (2.73:l: acres). There are approximately 2.73:1:: acres of South Florida
Water Management District (SFWMD) and US Army Corps of Engineers (USACE) jurisdictional
wetlands on site. The proposed native vegetation preserve of 3.01 acres fulfills the minimum
requirement of 3.01 acres or 15 percent of the existing native vegetation on site. The project
proposes to preserve 1.35:l: acres of SFWMD/USACE jurisdictional wetlands and 1.66 :l: acres of
upland habitat. For more details about the CCME analysis, please refer to the Environmental
Advisory Commission (EAC) staff report.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this
proposed Conditional Use. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the applicable policies of the GMP as part of the recommendation
for approvaL approval with conditions, or denial of any petition. A finding of consistency with the
FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes
the petition is consistent with the FLUM and the FLUE. The proposed Conditional Use is also
consistent with the GMP Transportation Element as previously discussed. Environmental staff is
recommending that the petition be found consistent with the CCME. Therefore, zoning staff
recommends that the petition be found consistent with the applicable policies of the GMP.
AFFORDABLE HOUSING IMPACT:
This request contains no provisions to address the Affordable-Workforce housing demands that it
may create.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition to address any environmental concerns. This
petition was required to submit an Environment Impact Statement (EIS) and was heard by the EAC
on February 4, 2009. A copy of the EAC staff report is included in the back up material. Please
refer to that document for environmental review details. There are no unresolved environmental
issues as part of the Conditional Use process,
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC was required to hear this
petition. The petition was heard on February 4, 2009 and the petition was recommended for
approval by a vote of 6 to 0 (Mr. Penniman made the motion and Mr. Hughes seconded the motion)
subject to the staff recommendation and further subject to the following additional stipulations:
1. Page 9 of 12, paragraph 3 of the EAC Staff Report be amended to read "As noted on sheet
3 of the Conditional U.se site plan, if no filrther permitting fhr all existing improvements is
required, then the below mentioned conditions (~f approval shall be required prior to
conditional use approval. jf a site development plan (SDP) or Site Improvement Plan
Page 3 of 6
Agenda Item No. 17.A
June 9, 2009
Page 4 of 272
application is to be submitted in the future fi)/" the current impacts, then the fiJl/owing conditions
of approval will be required at the time (?fSDP submittal. "
Stormwater Management: This project must obtain an Environmental Resource Permit from the
South Florida Water Management District.
Environmental:
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.
2. No more than 1,000 guests shall be on-site at any given time.
3. The uses approved shall be those deemed consistent with the listings contained in the LDC
as determined by county zoning and attorney staff.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on March 19, 2009; a motion was passed to fonvard petition CU-
2003-AR-3725 to the Board of Zoning Appeals (BZA) with a recommendation of approval of
staffs recommendations, with additional changes accepted by the petitioner's agent and additional
stipulations by a vote of 7 to 0 with Commissioner Vigliotti making the motion and Conm1issioner
Schiffer seconding the motion.
The CCPC's motion was subject to the following conditions (words [;truck through are deleted;
words underlined are added):
Staff Condition #3 shall be revised as follows:
Visitors shall be transported to the site using buses... or another communal transportation method
vans or limousines. Visitor A,f!rriva1 by private ettFVehicle is prohibited.
Staff Condition #6 shall be revised as follows:
Upon issuance of any tropical stonn or higher intensity storm watch or warning, the property
owner shall ensure that all tents and any other temporary structures are disassembled and
secured or removed from the site immediately.
Staff Condition # 7 shall be revised as follows:
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Agenda Item No. 17 A
June 9. 2009
Page 5 of 272
Parking on site is limited to the twethree gravel parking areas shown on site; unless additional
approvals are sought and approved thru the SDP or SIP processes.
Staff Condition #11 shall be revised as follows:
Event hours shall be limited. No event can commence before 8:30 a.m. +lH=eeFive events per
week may remain open until] 1 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.rn. shall be allowed per vear. Staff, such as clean up crews,
may remain beyond the time the event closes.
Staff Condition #13 shall be revised as follows:
All additions to any existing or any new structures or tents shall be setback from all property
boundaries a minimum of 60 f-86t not be located closer than 60 feet from any property lines
abutting or within Kearney A venue or Inez Road.
A new Condition #16 was added, stating the following:
Removal of fill from this site is prohibited.
NOTE: The petitioner has revised the Conceptual Site Plan to incorporate Conditions 4, 9, II, part
of 12, 13 and ] 6, but staff has not revised the list of conditions that accompanies the Resolution so it
will be clear that the changes recommended by the CCPC have been implemented.
The list of conditions was revised to incorporate all the recommendations noted above and the
revised documents were approved by the CCPC on April 2, 2009 as a consent item. Because the
ccpe unanimously supported the motion and because there were no letters of objection submitted
regarding this petition and testimony was provided at the CCPC hearing in opposition to the
petition, this petition can be placed on the summary agenda.
LEGAL CONSIDERATIONS:
Before you is a recommendation by the Planning Commission for approval of Conditional Uses
authorizing aquaculture, a cultural, ecological or recreational facility and the raising or breeding of
exotic animals in the Rural Agricultural (A) zoning district. A conditional use is a use that is
permitted in a particular zoning district subject to certain restrictions. Decisions regarding
conditional uses are quasi-judicial. As such this item requires ex parte disclosure, and all testimony
given must be under oath. The attached report and recommendations of the Planning Conmlission
required are advisory only and are not binding on you. Petitioner has the burden of demonstrating
that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy
yourself that the necessary criteria has been satisfied. In addition to meeting the necessary critelia,
you may place such conditions and safeguards as you deem appropriate to allow the use, provided
that there is competent, substantial evidence that these additional conditions and safeguards are
necessary to promote the public health, safety, welfare, morals, order, comfort, convenience,
appearance, or the general welfare of the neighborhood. As a further condition of approval of the
Conditional Use, you may require that suitable areas for streets, public rights-of-way, schools,
.- parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to
appropriate impact fee credits. Approval or denial of the Petition is by Resolution, with approval of
the Conditional Use requiring four affirmative votes of the Board (supennajority vote). The
Page 5 of 6
Agenda Item t'Jo. 17 A
June 9, 2009
Page 6 of 272
proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for
Board action. (STW)
RECOMMENDA TION:
Staff recommends that the Board of Zoning Appeals (BZA) approve petition CU-2003-AR-3725
subject to staffs conditions of approval as modified by the CCPC and contained in the attached
Resolution of adoption.
PREPARED BY:
Kay Dese1em, AICP, Principal Planner
Department of Zoning and Land Development Review
,-,
Page 6 of 6
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item No. 17 A
June 9, 2009
Page 7 of 272
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members: 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, PA, is requesting Conditional Uses
pursuant to the Land Development Code Section 203,01.A.1C. 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. (CTS)
6/9/2009 90000 AM
Prepared By
Kay Deselem, AICP
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
9/22/2008 9:34:01 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
4/14/20092:58 PM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
4/14/20094:16 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
4/14/20094:59 PM
Approved By
Steven WilHams
Attorney's Office
Assistant County Attorney
Date
Attorney's Office
4/20/20093:13 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4/21/20099:58 AM
Approved By
file://C:\A2:endaTest\ExDort\ 131-June%209.%202009\ 17.%20SUMMAR Y%20AGENDA \17... 6/3/2009
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Page 20f2
Agenda Item No. 17 A
June 9. 2009
Page 8 of 272
Approved By
Susan Istenes, AICP
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
4/29/20099:16 AM
Approved By
Jeff Klatzkow
County Attorney
Zoning & Land Development Director
Date
Approved By
OMS Coordinator
County Manager's Office
Zoning & Land Development Review
4i29/2009 1 :01 PM
Approved By
Mark Isackson
County Manager's Office
County Attorney
Date
Approved By
Leo E. O:hs, Jr.
Board of County
Commissioners
County Attorney Office
5/1/20098:09 AM
OMS Coordinator
Date
file://C:\AllendaTest\ExD0I1\ 131-June%209.%202009\17.%20SUMMARY%20AGENDA\ 17... 6/3/2009
Office of Management & Budget
5/14/20094:23 PM
Budget Analyst
Date
Office of Management & Budget
5/14/20095:59 PM
Deputy County Manager
Date
County Manager's Office
5/29/2009 6 :28 PM
Agenda Item No. 17 A
AGENDA1~9a\109
page'Y of~72
er Cou.nty
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMli'NITY DEVELOP:rv1ENT & ENVIRONMENTAL SERVICES DIVISION
HEARING: MARCH 19~ 2009
SUBJECT: PETITION CU-2003-AR-3725, CLOSE UP CREATURES, INC., DBA NGALA
PROPERTY OWNER/AGENT:
Owner(s): Close-Up Creatures, Inc., dba NGALA
R Donovan and Tammy Smith
2755 Inez Road
Naples, FL 34117
Agents:
Robert J. Mulhere, AICP
RWA, Inc.
6610 Willow Park Dr., Suite 200
Naples, FL 34109
Richard D. Y ovanovich, Esquire
Goodlette, Coleman, Johnson Y ovanovich &
Koester, P.A.
4001 Tamiami Trail N. Suite 300
Naples, FL 34103
REQUESTED ACTION:
To have the Collier County Planning Commission (CCPC) consider an application for three
Conditional Uses pursuant to the Land Development Code (LDC) Section 2.03.01.A.1.C of the
Rural Agricultural Zoning District. 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.
GEOGRAPHIC LOCATION:
The subject 21.0:1: acre site is located at 2755 Inez Road, on the east side of Inez Road, between
Guevara Avenue and Kearney Avenue, in Section 30, Township 49 South, Range 27 East., in
Section 30, Township 49 South, Range 27 East. (See location map on the following page)
CU-2003-AR-3725
Revised 3/11/09
Page 1 of 12
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Agenda item No. 17 A
June 9. 2009
Page 12 of 272
PURPOSE/DESCRIPTION OF PROJECT:
The Petitioner has applied for three separate Conditional Uses as provided for in the Rural
Agricultural (A) zoning district to allow aquaculture for non-native or exotic species subject to
Florida Fish and Wildlife Conservation Commission permits; Nwnber 23, to allow a Cultural,
Ecological or Recreational Facility; and Nwnber 25, commercial production, raising or breeding
of exotic animals cultural, educational and recreational facilities and commercial production,
raising, and breeding of exotic animals per LDC Section 2.03.01.A.1.C. The applicant seeks
after-the-fact approval of these conditional uses so the existing uses on site will become
compliant with the LDC zoning requirements. The site is currently developed with facilities to
house, train and exhibit exotic animals; restroom facilities for patrons; a single-family home; and
a large tent within which events are held and meals are served.
According to the petitioner, portions of the facility and animals have been located on the
property since 1990. NGALA was originally created as a boarding and training facility for
animals. To assist with the financial obligations related to boarding and feeding the animals, the
property owner scheduled events to raise revenue and these activities evolved into the present
day facilities. Currently the events are usually held using a quasi-safari theme under a tent
located on the property. The property owner, states that he has held these events for various
charities, corporations, and children's organizations as well as corporate retreats; school
functions; and other groups. TIle petitioner further states that the events provide an opportunity
to view and learn about wildlife and other animals as well as the animal husbandry, aquaculture,
and agricultural uses and activities occurring on-site. Arrival by individual persons in private
vehicles without an appointment is not allowed. Visitors to the facility are accepted by group
appointment only, and unlike zoos and roadside attractions, the facility is: not advertised to
drive up visitors; not open to drive-up patrons; not advertised with off-site signage; ticketed
admissions are not offered; animals are not on permanent display but housed out of sight;
a.rrimals are only exhibited for special pre-scheduled events; and visitors and events occur only
with a pre-arranged, scheduled appointment. Transportation is pre-arranged and accommodated
by van or bus or other similar means. The owner has indicated that there will be a maximum of
20 employees 011 site at anyone time. Day-to-day operations do not require many employees;
the number of employees or contract works such as caterers only increases during events.
The applicant contends that fire and emergency vehicles have adequate access since the ingress
and egress to the facility has been created to support the size and maneuverability of motor
coaches.
SURROUNDING LAND USE & ZONING:
North:
East:
South:
Agricultural uses, with a zoning designation of Rural Agricultural
Inez Road, then agricultural uses, with a zoning designation of Rural Agricultural
Kerney Road, then residentially used tracts and agricultural uses, and two 5-acre
tracts that are also owned by the petitioner, all with a zoning designation of Rural
Agricultural
Agriculturally used lands adjacent to the northerly five acre tract and an undeveloped
10 acre tract that is owned by the petitioner adjacent to the southerly tract, all with a
zoning designation of Rural Agricultural
West:
CU-2003-AR-3725
Revised 3/11/09
Page 2 of 12
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Agenda Item No. 17 A
June 9, 2009
Page 13 of 272
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is presently designated
AgriculturaVRural, Rural Fringe Mixed Use District, Sending Lands, on the Future Land Use
Map (PLUM) of the Collier County Growth Management Plan (GMP). Provisions regulating
Sending Lands are part of the Future Land Use Element (FLUE) of the OMP. [Please note that
in the following review, FLUE provisions are sho\\TI in italics, while staff analysis and
commentary is provided in conventional type.] Land uses with no agricultural COlU1ection are
not consistent with the FLUE unless they can be clearly linked to the "Interim Development
Provisions for the Agricultural/Rural Assessment Area" or the Agreed Order Abating Case,
Specific FLUE Considerations: Land designated as Sending allows low density residential uses;
Right to Fann Act-consistent agricultural uses; passive parks and recreational uses; habitat
preservation and conservation uses; sporting and recreational canlps; certain essential services;
and, oil and gas exploration. The application of the RFMUD Sending Lands standards would not
allow many of the Ngala activities without special considerations - which are in place as
explained below.
Applicable exceptions from meeting the limitations and standards otherwise applied throughout
the RFMUD are found in Section 4 of Rural Fringe Mixed Use District provisions, as follows:
4. Exemptions ft'om the Rural Fringe Mixed Use District Development Standards -
T7-1e requirements of this District shall not apply to, affect artimil the continuation of
existing uses. Existing uses shall include: those uses for which all required permits
were issued prior to June 19, 2002; or projects for which a Conditional use or
Rezone petition has been approved by the County prior to June 19, 2002; or, land
use petitions for which a completed application has been submitted prior to June 19,
CU-2003-AR-3725 Page 3 of 12
Revised 3/11109
e-'
Agenda Item No. 17 A
June 9, 2009
Page 14 of 272
2002. The continuation of existing uses shall include expansions of those uses if such
expansions are consistent with or clearly ancillary to the existing uses. Hereafter,
such previously approved developments shall be deemed to be consistent with the
Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District,
and they may be built out in accordance with their previously approved plans.
Changes to these previous approvals shall also be deemed to be consistent with the
Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as
long as they do not result in an increase in development density or intensity.
The Rural Fringe Mixed Use District is also subject to the Interim Development Provisions
adopted pursuant to the Final Order AC-99-002, issued June 22, 1999 by the Florida Governor
and Cabinet. Those Provisions limited residential development to a density of 1 du/parcel of
land as it existed June 22, 1999 and prohibited numerous uses, until an Assessment was
completed for the Agricultural/Rural area, subsequent GMP amendments were adopted pursuant
to the Assessment, and those amendments became effective.
On June 19, 2002, the BCC adopted the Rural Fringe GMP amendments by Ordinance No. 2002-
32 based on the Assessment for the Rural Fringe area. The Rural Fringe GMP amendments were
found to be "in compliance" with Florida Statutes by the Florida Department of Community
Affairs (DCA); however, two legal challenges were filed to appeal DCA's compliance
determination. As a result, the Rural Fringe amendments did not become effective until the
Florida Department of Community Affairs issued its Final Order on July 22, 2003. Current
application materials indicate the Close-Up Creatures, Inc. (dba Ngala) original application was
submitted in February 2003.
Provisions were also written into the FLUE to cover a planning and zoning related case
submitted during this period of time, entitled "Interim Development Provisions for the
Agricultural/Rural Assessment Area." These interim provisions state, "[aJny application for
conditional use filed prior to July 22, 2003, relating to that land subject to an Agreed Order
Abating Case dated April 8,2003, which application also includes properties under common or
related ownership with and operated and maintained by to same or related operator of such land,
shall be processed and considered pursuant to the Interim Development Provisions that were in
effect from March 7, 2001, until July 22,2003."
The subject property is within the Rural Fringe area and is designated Rural Fringe Mixed Use
District (RFMUD), Sending Lands. The Close-Up Creatures property is the subject of the
Agreed Order, and this Conditional Use petition is being processed and considered pursuant to
the "Interim Development Provisions for the AgriculturaL/Rural Assessment Area," as
applicable.
The essential provisions of the Agreed Order were written to extend privileges offered by
Section 4 of Rural Fringe Mixed Use District, above and would be applicable to specific
"existing uses" defined as "those uses for which all required Dermits were issued mior to Julv 22.
- .... ~ ......, ~
200r or to "projects for which a Conditional Use or Rezone petition has been approved by the
COWlty prior to July 22, 2003" or to, "land use petitions for which a completed application has
been submitted prior to July 22,2003".
The Agreed Order allows land use petitions to be considered by the County for which a
completed application had been submitted prior to July 22, 2003 for: commercial or industrial
development; [a] zoo, aquariwn, botanical garden, or similar uses; sports instructional camps or
GU-2003-AR-3725
Revised 3/11/09
Page 4 of 12
Agenda Item No. 17 A
June 9, 2009
Page 15 of 272
schools; and, recreational vehicle parks. To the extent that the uses, operating in combination,
described in this Conditional Use application CU-2003-AR-3725 for Close-Up Creatures, Inc. lie
within these parameters it may be considered in compliance with the "Interim Development
Provisions for the AgriculturallRural Assessment Area."
Determinations of Existing Uses Standing: The continuation of "existing uses" includes
expansions of those uses if such expansions are consistent with, or clearly ancillary to, the
"existing uses." Land uses may be allowed to continue or expand in accordance with the
provisions of the Agreed Order, and they define the limits to the extended privileges.
Applications materials address these issues.
One statement provided in application materials states that the existing land uses were "located
on the property since 1989." Additional explanation states, "Ngala was originally created as a
boarding and training facility for animals that have been housed on the property since 1989."
Determination of Agricultural Use Standing: The applicant has identified specific uses
requested in this Conditional Use petition and has asserted the uses are agricultural in nature, or
constitute extensions of the agricultural use of the property.
Previous consideration taken by the County Code Enforcement Board (CEB) indicated the
"agricultural use" for the property was in question. The CEB had requested submittal of certain
information by the petitioner to demonstrate/verify the "agricultural use" of the property. No
substantive materials assisted the CEB with addressing this question. Enforcement proceedings
were stayed and other arrangements were made. According to an arrangement made outside the
CEB, the keeping of animals on the subject property did not rise to the standing as principally -
an agricultural land use. They are accessory or supplementary to the commercial operations for
which Ngala has become kno~n.
The applicant's agent responds to the CBB's finding that the keeping of animals is not
principally an agricultural use, and intimates the CEB did not accurately assess the Ngala safari
experience. The premise that this is predominantly an agricultural operation is reasserted. The
"only (remaining) issue driving the CU requirement" is the commercial aspects of having
customers visit the property.
Other Considerations: FLUE Policy 5.4 requires new land uses to be compatible with the
surrounding area and which detennination is a function of the Zoning and Land Development
Review staff as part of their review of the petition in its entirety. However, staff would note that
in reviewing the appropriateness of the requested uses on the subject property, the compatibility
analysis might include a review of both the subject proposal and surrounding or nearby
properties with respect to both agricultural and non-agricultural uses, their intensities and
densities, building, structure and other facilities' location and orientation, traffic
generation/attraction, etc.
The Ngala land uses fu'1d activities do not fit neatly into a single category. The operation does
not qualify as a "farm", and Ngala as a "fanning operation" when considering every activity on
the site. The all-inclusive safari experience does however involve elements of agricultural and
non-agricultural activities operating in combination, which, when taken together, may be
considered appropriate for the subject property.
CU-2003-AR-3725
Revised 3/11/09
Page 5 of 12
Agenda Item No. 17 A
June 9, 2009
Page 16 of 272
Transportation Element (TE): The Traffic Impact Statement (TIS) indicates that the proposed
Conditional Use results in a total of seven two-way peak PM hour trips. The maximum number
of two way daily trips generated by the site is 71 vehicles. This represents a 1.0 percent impact
on Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road; a 1.1 percent impact on
Collier Boulevard from Pine Ridge Road to Golden Gate Parkway; and a 0.7 percent impact on
Pine Ridge Road from Logan to Collier Boulevard. The traffic impacts associated \vith the
Ngala petition are included in the existing background traffic and do not represent a significant
impact on any arterial or collector roadway. Therefore, this petition can be considered consistent
with Policy 5.1 as well as the other applicable policies of the Transportation Element of the
Growth Management Plan [GMP]. Customers to events will be transported by bus; no individual
can arrive by private car.
Conservation and Coastal Management Element (CCME): The project site consists of 20.08
acres of native vegetation according to the definition in the GMP and LDC and has been verified
by staff on site. On site native vegetation communities include pine flatwoods (2.18::1: acres),
mesic pine flatwoods/Westem Everglades hardwoods (8.68 :l:acres), cabbage palm/saw palmetto
(1.89:1: acres), and cypress/pine!cabbage palm (2.73::1: acres).
There are approximately 2.73:1: acres of SFWMD and USACE jurisdictional wetlands on site.
The wetland lines have been approved by the SFV/MD and the USACE. The results of the
jurisdictional determination are included on the wetlands map in the EIS (Exhibit 9). The
forested wetlands on site include a mixed canopy of pine and cypress trees and cabbage palm in
the understory. Due to changes in hydrology, some areas are showing encroachment from
upland vegetation as well as some exotic/nuisance vegetation. A de minimis impact of 0.035
acres to the on site wetlands is the result of the construction of an animal round pen used for
training purposes. The location of the round pen is shoVl.'t1 in the EIS (Exhibit 8). Verification of
any wetland impacts shall be done by the SF\\TMD during the required Environmental Resources
Permit (ERP) process. There are no additional wetland impacts proposed on the NGALA
property.
The most recent listed species survey was conducted by Earthbalace, Inc. OIl the project site in
May, 2007(EIS Table 1). An updated gopher tortoise (Gopherus polyphemus) survey was also
conducted on May 14, 2008 and is contained in the ErS. (Exhibit12). No listed species were
observed on site and no evidence of gopher tortoise burrows or utilization by gopher tortoises
was found. In October 2002, during a previous listed species survey, a Red-Cockaded
Woodpecker (ReW) was observed foraging on the site. As a result, a fomlaI RCW survey was
performed in July, 2004. During that survey no RCW individuals or nest cavity trees were
observed. The United States Fish and Wildlife Service (USFWS) has been notified of the project
and tlu'ough e-mail correspondence no additional RCW surveys are required. (EIS Exhibit 13).
There were no observations of Florida panther (Puma concolor cmyi), Florida black bear (Ursus
americanus floridanus), or Big Cypress fox squirrel (BeFS) (Sciros niger avicennia) on the
project site. However, this project is located in primary Florida panther and Florida black bear
habitat and contains potential habitat for the Big Cypress fox squirrel as well. Technical
assistance regarding possible mitigation for impacts to the primary panther habitat shall be
forwarded to staff upon receipt. A Florida black bear and BCFS management plan shall be
required on the site plan.
The proposed native vegetation preserve of 3.01 acres fulfills the mi..nimum requirement of 3.01
acres or 15 percent of the existing native vegetation on site. The project proposes to preserve
C U-2003-AR-3725
Revised 3/11/09
Page 6 of 12
Agenda Item No. 17 A
June 9, 2009
Page 17 of 272
1.35:1:: acres of SFWMD/USACE jurisdictional wetlands and 1.66 :l:: acres of upland habitat. The
preserve is located in the northwest comer of the property which provides possible future
connection to potential offsite preserves.
The project area is located in the sending lands as part of the Rural Fringe Mixed Use District
(RFMU). The current native preservation requirement for any development within the
boundaries of the RFMU sending lands is 80 percent. Although on June 19, 2002, the Board of
County Commissioners adopted the Rural Fringe GMP amendments, the Rural Fringe
amendments did not become effective until July 22, 2003. Under the Interim Development
Provisions for the AgriculturallRural Assessment Area, any land use petitions for which a
completed application had been submitted prior to July 22. 2003 would be exempt from the
proposed RFMU criteria that was adopted but not yet put into effect. This project was reviewed
against the baseline standard of 15 percent for a commercial use since the project's original
application was submitted in February 2003.
Based upon the above analysis, staff concludes the petition may be deemed consistent with the
overall GMP.
ANAL YSIS:
Before any conditional use can be recommended to the Board of Zoning Appeals (BZA), the
Planning Commission must make a finding that: 1) granting approval of the conditional use will
not adversely affect the public interest; 2) all specific requirements for the individual conditional
use are met; and 3) satisfactory provisions have been made concerning the follovving matters,
where applicable:
1. Consistency with the Land Development Code and the Growth Management Plan.
As noted above, this proposal is consistent with the applicable provisions of the FLUE, the
Transportation Element and the CCME Element; therefore the petition is consistent with the
overall GMP. With the conditions of approval included by staff, the proposal may also be
found consistent with all of the applicable provisions of the LDC.
2. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Transportation Planning staff indicates that they have reviewed this petition and determined
that there are no outstanding issues concerning vehicular access and traffic control. i\.s
shown on the Conceptual Site Plan, vehicular access to the site would be afforded from three
access points on Inez Road and one on Kearney Avenue. In the current configuration most
visitors would use the two northernmost access points because those access points provide
more direct access to the parking areas. As noted previously the petitioner has agreed (see
site plan note # 1) that vehicles going to and from the site will be limited; staff has reiterated
this requirement in staff's Condition #3. Limiting traffic will help maintain traffic flow and
control and help ensure visitor safety by lessening the number of vehicles on site.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
CU-2003-AR-3725
Revised 3/11/09
Page 7 of 12
Agenda Item No. 17 A
June 9. 2009
Page 18 of 272
Because the subject 21:1: acre site houses numerous exotic animals there is a potential for
additional noise and odors to be generated from the site. In addition, there are other
governmental agencies that regularly inspect and control the care of the exotic animal
operation. Odors generating from the animals would be controlled as part of those
inspections. Noise from the animals cannot necessarily be controlled. Additionally the
events held on site "vith up to 1,000 persons in attendance would generate noise from the
vehicles coming and going from the site as well as the actual activities held on site. The
petitioner has not offered to limit the hours of operation, thus events could be held at
anytime. Staff therefore is recommending a condition to limit the event hours. No event can
start until 8:30 a.m. Three events per week may remain open untilll p.m., aU other events
must conclude 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. Additionally, staff believes it is appropriate to utilize the existing
vegetation to provide enhanced buffering to offset the noise, odors and possible glare the
uses could create. Therefore, staff recommends that a 30-foot wide indigenous buffer area be
retained 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, to be augmented if necessary to provide two rows
of #10 shrubs that are 4 foot high on center, 60 inches high at time of planting and
maintained at that height as a minimum. 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
I.S-incIl caliper at time of planting. The trees shall be maintained at no less than 10 feet
high. Further that all structures or tents be setback from all property boundaries a minimum
of60 feet.
The site is fenced so as to limit vehicular traffic to and from the site to the designated access
points. With staff's additional conditions, staff is of the opinion the project will not generate
additional glare, noise or odors or otherwise create any adverse economic impac1s on the
neighborhood given the inspections and requirement.s from other governmental agencies that
the property owner must meet to keep the animals on site.
4. Compatibility with adjacent properties and other property in the district.
As previously noted the site is surrounded by agriculturally zoned lands. On the east and
south boundaries there are existing roadways (Inez Road and Kearney Avenue, respectively).
To the north there is an unimproved access easement that would COlmect to Guevara Avenue
to the west. Across the roadways and easements on all sides there are agricultural uses and
some scattered residential uses on five-acre tracts.
Staff believes that with the conditions imposed by staff and the limitations proposed by the
"'Ul"n09*l"" ~'t'1nh ,.,C"\' t1".o ....,....n.......;..........,'I"V'I "f'1 nf\O n++o.....,.rlo,GU"I +,... O""'I:r ",...,CIIo +",......,...,+;"n l~.........;f"f;n.n~ +}...h~ ......,..n.;g.rot-
V v'V J.~vl.:to, ~1A,""J.l u.~ 1.-J.1'-' .lua.t\.J.J..1J.u.J.ll VL .1 ,vvv U."L-VU\..U...'\WI':> LV U1.1] VU.~ ~\...I,U.'--'LJ.VJ.J. ~U.u.J.L-u.\..lVJ.J.';', a..J.J.'" ,pJ.VJ"""""'L.
will be compatible with the neighborhood. Additionally the petitioner will need to comply
with all Federal, State and other local regulations governing the uses. Staff believes therefore
that the proposed Conditional Uses to allow aquaculture for non-native or exotic species
subject to Florida Fish and Wildlife Conservation COl11..'11ission permits; a Cultural,
Ecological or Recreational Facility; and Lhe commercial production, raising or breeding of
exotic animals, may be deemed compatible with the neighboring properties. Furthernlore,
CU-2003-AR-3725
Revised 3/11/09
Page 8 of 12
Agenda Item No. 17 A
June 9, 2009
Page 19 of 272
staff believes the recommended conditions of approval adequately protect the public's
interest.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC was required to hear this
petition. The petition was heard on February 4, 2009 and the petition was recommended for
approval by a vote of 6 to 0 (Mr. Penniman made the motion and Mr. Hughes seconded the
motion) subject to the staff recommendation and further subject to the following additional
stipulations:
1. Page 9 of 12, paragraph 3 of the EAC Staff Report be amended to read "As noted on
sheet 3 of the conditional use site plan, if no further permitting for all existing improvements
is required, then the below mentioned conditions of approval shall be required prior to
conditional use approval. If a site development plan (SDP) or Site Improvement Plan
application is to be submitted in the filJure for the current impacts, then the following
conditions of approval will be required at the time of SDP submittal. "
Stormwater Management: This project must obtain an Environmental Resource Permit from
the South Florida Water Management District.
Environmental:
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 opmIOn and conservation easement. The
Conservation Easement shall be recorded within 90 days of the determined final
Development Order.
2. No more than 1,000 guests shall be on-site at any given time.
3. The uses approved shall be those deemed consistent with the listings contained in the
LDC as determined by county zoning and attorney staff.
NEIGHBORHOOD INFORMATION MEETING (NIl\1):
The agent'applicant duly noticed and held the required NIM on September 8, 2008, at 5:00 PM at
the Golden Gate Estates Library, 417 North 1st Street. Approximately five people from the
public, the applicant's team, and county staff were present.
Several of the persons in attendance came to ask questions were about the Solid Waste Park
Conditional Use petition. Attendees stated that they saw the ad in the newspaper and thought the
meeting was about the proposed that project. Staff stated the meeting for that projec.t was held a
GU-2003-AR-3725
Revised 3/11/09
Page 9 of 12
Agenda Item No. 17,A,
June 9, 2009
Page 20 of 272
few weeks ago. Staff advised those persons to contact Kay Deselem regarding any questions
about the other petition.
Mr. Donovan Smith, the applicant, presented an overview of the proposed project, explaining
that he has o\\oned the business since 1989, but the conditional use is needed to legitimize the
uses on site. Donovan stated that he boards and trains a variety of animals such as, a zebra.,
giraffe, panther, turtles, and a rhino. He also raises fish.
Mr. Smith explained that there are corporate events held at the site; therefore a conditional use is
needed to bring people to the events. The petitioner stated that no attendees vvill come to the site
by private vehicle; all attendees will be bussed to the site. The applicant also stated that a tent is
used ten months of the year, but the tent will be taken down when there is a hurricane warning
and during events. Mr. Smith also mentioned that there may be additional tents on site in the
future. All food served at the events vvill be catered. The applicant's agent stated that the events
will end around II :00 pm, but this is not a commitment.
Several other persons were in attendance; however, none of those persons had questions about
this project.
ST AFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-
03-AR-3725 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject
to the following conditions:
1. The Conditional Use is limited to what is shoV\'Il 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 belO\v. The site plan noted is conceptual in
nature for conditional use approval. The final design must be in compliance ",,-jth 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 or another comnuUlal transportation
method. Arrival by private car 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 o~'ner shall ensure that all tents and any other temporary structures are
disassembled and removed from the site irrunediately.
7. Parking on site is limited to the two gravel parking areas shown on site; unless
additional approvals are sought and approved thru the SDP or SIP processes.
CU-2003-AR-3725
Revised 3/11/09
Page 10 of 12
Agenda Item No. 17 A
June 9, 2009
Page 21 of 272
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 ofthe 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.
11. Event hours shall be limited. No event can commence before 8:30 a.m. Three events
per week may remain open wltil 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 am.
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 #1 0 shrubs that are
4 foot on center, 60 inches high at time of planting. The shrubs shall be maintained at
lea..<;t 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 1 0 feet high.
13. All additions to any existing or any new structures or tents shall be setback from all
property boundaries a minimum of 60 feet.
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.
GU-2003-AR-3725
Revised 3fll foo
Page 11 of 12
Agenda Item No. 17 A
June 9, 2009
Page 22 of 272
PREPARED BY:
~~~ 3-5-ocr
il Y ESELEM, AlCP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
3- S"'-o~
RA YMO D V. BELLO S, ZONING MANAGER DA TE
ENT OF ZONING AND LAND DEVELOPMENT REVIEW
~~ 'fh~ /~ 3- '_0 r
.&JSAN M. ISTENES, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
j~7wL
STEVEN T. WILLIAMS
ASSISTANT COUNTY A TTOR..NEY
;y.t,'C1
DATE
APPROVED BY:
c5J~ ~ ~
JO,sEPHK. SCHMITT, ADM ISTRA.TOR I 'DA E
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Collier County Planning Commission:
/\ ..'\ i\.
tv \~ fJ~
MARK P STRAIN, CHAIRMAN
~ - / q,.o 1
DATE
Staff report for the March 19,2009 CoUier County Planning Commission Meeting
Tentatively scheduled for the May 12, 2009 Board of County Commissioners Meeting
CU-2003-AR-3725
Revised 3/5/09
Page 12 of 12
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLlIERGOY.NET
Agenda Item No. 17 A
2800 NORTH HORSESHOp~~9~~g~~
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DA TE PROCESSED
ASSIGNED PLANNER
CU-2003-AR-3725
NGALA Conditional Use
Project: 2002090086
Date: 6/10/08
ABOVE TO BE COMPLETED BY STAFF
NAME OF APPlICANT{S) CLOSE-UP CREATURES.INC. (DBA NGAlAI
ADDRESS 2755 INEZ ROAD CITY NAPLES STATE Fl ZIP 34117
TELEPHONE # 239-353-3572 CELL #
E-MAIL ADDRESSDONOVAN@NGALA.NET
FAX # 239-353-3237
NAME OF AGI:NT ROBERT J. MUlHERE. AICP
FIRM RW A. rNC
ADDRESS 6610 WilLOW PARK DRIVE. SUITE 200 CITY NAPLES STATE .E.L- ZIP 34109
TELEPHONE # 239-597-057~ CELL # 239-825-9173 FAX #
E-MAIL ADDRESS RJM CONSULT-RWACOM
NAME OF AGENT RICHA D D. YOVANOVICH ESQUIRE
FIRM GOODLETTE, COLEMAN. JOHNSON. YOVANOVICH AND KOESTER PA
ADDRESS 4001 TAMIAMI TRAIL N., SUITE 300 CITY NAPLES STATE Fl
TELEPHONE # 239-435-3535 CELL # 239- 860-3533
E-MAil ADDRESSRYOVANOVICH@GCJLAW.COM
FAX # 239-4;35-121 8
, BE AWARE THAT COHIER COUNTY HAS L08/3YIST REGULATlON~.GVlqli YOURSELF
ACCORDINGLY ANt:> ENSURE THAT yoU ARE IN COMPLIANcE WiTH THESE REGOlAT'ONS~
L, _~
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Page T of T7
Agenda Item No. 17 A
Complete the following for all Association(s) affiliated with this petition. Provide additional sheets
if necessary.
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS
CITY
STATE
ZJP
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS
CITY
51 A TE
ZIP
NAME OF HOMEOWNER ASSOCJA TlON: NI A
MAILING ADDRESS
CITY
ST A TE
ZIP
NAME OF MASTER ASSOCIA nON: N/ A
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVJC ASSOCIATION: GOLDEN GATE ESTATES AREA CfVrC ASSOCfATION
MAILING ADDRESS PO BOX 990596
CITY NAPLES
STATE FL
ZIP 341 1 6
t.
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The subject property relating to the Conditional Use application request contains three (3)
folios as provided below.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or, joint tenancy, Ust an parties with an ownership interest as well
as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
',j Folio 00332960009
R. Donovon & Tommy Smith
100%
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address
N/A
Percentage of Ownership
Af'PLlCATrON FOR PUBliC HEARING FOR CONDfTlONAL USE - 2/7/03, rev 1
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Page 2 of 17
c.
If the property is in the name of a TRUSTEE, list the beneficiaries of1R~n#~~xy"~~~
percentage of interest. Page 25 of 272
Name and Address
Percentage of Ownership
N/A
,
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of
the general and/or limited partners.
Name and Addre5s
Percentage of Ownership
'" Folio 00335000005
Close-Up Creatures, LLC
R. Donovan Smith
Tammy Smith
51%
49%
, J Folio 00334920005
D & T land llC (Single member llC)
R. Donovan Smith
100%
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
N/A
.
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list aJl
individuals or officers, if a corporation, partnership, or trust.
Name and Address
N/A
g.
Date subject property acquired fXI leessed g T-erm of lease
'[rs./mos.
Parcels acquired 10/30/90. 11/29/00.06/01/01. 12/21/01. & 11/11/02
. " .
If, Petitioner has option to buy, indicate the following:
Date of option: N I A
APPUCATJON FOR PUBLIC HEARING FOR CONDITIONAL USE - 2/7 /03. re~ 1
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Date option terminates:
Anticipated dosing date:
, or
Aoenda Item No. 17 A
~ June 9, 2009
Page 26 of 272
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing,
it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
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Detailed leaal description of the property covered by the application: (If space is inadequate, attach
on separate page.) If request involves change to more than one zoning distric:t, include separate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application
meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal description, an engineer's certification or sealed survey may be required.
SectionfTownship/Range lQ/49/27E
Lot:
Plat Book
Block:
Page #:
Subdivision:
Property 1.0.#: 00332960009, 00334920005 00335000005
Metes & Bounds Description: See Attachment G Legal Description
Folio Nl!Tl1ber: 00332960009 - 304927 E 1/2 of SE 1/4 of SE 1/4 of NE % 5 AC.
Folio Number: 00334920005 - 30.49 27 E V2 of NW 1/4 of SE1/4 of NE 1/4 5 AC.
Folio Number: 00335000005 - 304927 NE % of SE V4 of NE 114 10Ae
SIZE OF PROPERTY:
ft. X
ft. = Total Sq. Ft.
Acres 21 + /-
ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 2755 INEZ ROAD. NAPLES, Fl
APPLICATION FOR PUBliC HEARING FOR CONDITIONAL USE - 2/7/03, rev 1
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Page 4 of 17
Agenda Item No. 17 A
June 9, 2009
Zoning Land use
N A Topiary Farm
S A OQk Tree Farm. Residential
E A Residential
W A Oak Tree Farm
Does the owner of the subied property own property contiguous to the subject property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section/Township/Range 30/49/27
Lot:
Pial Book
Block:
Page #
Subdivision:
Property 1.0.# 00335040007: 00335080009
Metes & Bounds Description:
Folio Number: 00335040007 - 3049 27 E 112 of SW 1/4 of SE 1;4 of NE % 5 AC.
Folio Number: 00335080009 - 30 49 27 W 112 of SE 1;4 of SE 1;4 of NE 1;4 5 AC.
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Type of Conditional Use: This application is requesting two distinct conditional uses allowed per LDC
Section 2.04.03 of the A - Agriculture zoning district. for Agricultural animal and Livestock breeding
exotic aquaculture. exotic animals. ranching. raising. training, and stabling: civic and cultural facilities:
educational facilities: recreational facilities: and for sports instructional camps or schools.
Present Use of the Property: large native areas. a private preserve and form for breeding. raising.
and training of animals: a wildlife sanctuary: a wildlife education. lecturer presentation. and meeting
facility with a tent and accessory building: and food service from on off-premises. licensed caterer.
Ii
-- =-- . EVAU.JATION. CRITERIA
~
J
Evaluation Criteria: Provide a narrative statement describing this request for conditional use.
NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, stoff's
recommendation to the Planning Commission and the Planning Commission's recommendation to the
Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not
adversely affect the public interest and that the specific requirements governing the individual
conditional use, if any, have been met, Clnd that further, satisfactory provision and arrangement have
been made concerning the following matters, where applicable. Please provide detailed response to
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 2/7/03, rev 1
SI\2007\07005.(~OO'O{.\ Ngo'rr C6JW:IilionoJ U.Je\OOOl Genera! Comwfo/il)f'l PJonnu,g\CU Applkotion Svppc:,rt\J ~t Svf(ide-m.y lI:eJp<:lIme\2008.0lo.02 CU Applic-o/il,lo.J.or;
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each of the criterion listed below. Specify how and why the request is consistent ~~a~tV!I(ti.~~~
dd' . I b ) June'g, L[JO~
a Ihona pages as may e necessary. Page 28 of 272
Uses that are permissible as conditional uses in the Rural Agricultural District for which approval is
requested in this Conditional Use Application include: Cultural, educational and recreational facilities
and related modes of transportina participants. viewers or patrons.
This application seeks approval of the existing uses on this property on 21 +/- acres including a
large native area. a private preserve. and farm for breeding. raising. and training of animals: a
wildlife sanctuary; wildlife education and personal development lecture, presentation. and meetings
facility with one or more tents and accessory buildings: a wilderness and personal development
training facility: and food service from an off-premise state licensed caterer in accordance with
state guidelines. Alcoholic beverages may be served on premise at these events via caterers in
accordance \1/ith Florida State law. These permitted events may include the use of temporary
tented structures. It is requested that these tented structures be permitted to remain in place for UP
to ten 11 0) months. at anyone time. during any calendar vear. Tents shall be disassembled in case
of an issuance of a hurricane warning. (Certificates and Permits and related documentation for Fire.
Food Service. Water/Well. Septic, Pet Shop and Wildlife from both state and local aovernment
agendes are provided as Attachment A)
The owner's previously permitted sinc;lIe-family home is located on the property, as well as
temporary tent structures, accessory structures and two parking areas for employees. The
Conceptual Site Plan is attached and provides illustration of existing structures as well as proposed
areas of improvement and future expansion.
Agricultural uses. wildlife sanctuaries and native areas are aHowed as permitted uses on the
parcels. These uses and other permitted bona fide. agricultural uses are allowed pursuant to: (1)
Florida's Right to Farm Act (Fla. Stat. 823.14); (2) Florida's Agricultural Practices Act (Fla. Stat.
163.3162J.;. and (3) the United States Department of Agriculture. Notwithstanding. the property
owner identified uses include "sells. breeds. raises, stables, cares for and trains animals: sells certain
of its animals and fish: sells animal (by)product as fertilizer and. provides interactive displays and
events which are in itself "farm products" that are useful to humans for education. enjoyment and
culture". Refer to Attachment B for further clarification and information regardinel NGALA farming
riel),ts in documentation dated November 21. 2006 (Salvatori and Wood. Attorneys at law) to
Collier Countv staff.
In addition to the Wovlsions of the Florida State Statutes. the Collier County Future land Use
Element of the Collier County Growth Management Plan provides further exceptions and
exemptions. As provided by the Agricultural/Rurar future land use designation. NGALA qualifies for,
and is entitled to, the Interim Development Provisions of the Agricultural Assessment Area which
states. "Any application for conditional use filed prior to July 22. 2003. relatina to that land subject
to an Agreed Order Abating Case dated April 8.2003. which application also includes properties
under common or related ownership with and operated and maintained by the same or related
operator of such land, shall be processed and considered pursuant to the Interim Development
Provisions that were in effect from March 7. 2001, until July 22. 2003".
This application seeks approval of existing activities. as thev represent low intensity uses that are
consistent with the Rural Fringe Mixed Use Sendina Desianation and the "An Agricultural Zoning
District. Section 2.03.01 of the Collier County LDC states the "uses that are generally considered
compatible to agricultural uses that would not endanger or clamaae the agricultural. environmental.
potable water. or wildlife resources of the County are .~rr[lissible as conditional uses in the A
district". Further. these existing uses a Iso represent a type of emercinq land use trend which
APPlfCA nON fOR PUBLIC HEARING FOR CONDJTlONAL USE - 2/7/03, rev 1
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su cijn ~ca,jd'A
ex erie ce nim I husbandr and oth r fa m ractices and is commonl referred Jun~~. . _ ~
Tourism." Agri-tourism allows (ond owners an opportunity to enQage visitors in octivities in order to
supplement their more traditional form and animal operations with innovative on-form ventures.
These alternative enterprises can take many forms. In addition to producing food and fiber. this
may also produce fun. natural-resource based recreation or educational products (See United States
Dept. of Agriculture. 2002.) A compilation of case studies of other Agri-tourism uses currently in
existence in Florida is provided as Attachment C to this Conditional Use Petition. Agrl-tourism allows
local governments to promote agricultural preservation and naturol resource based uses where such
uses are threatened by rapid urbanization and the decline of profitability of small family farms.
such as Bi9 Oak Ranch near Orlando. or even larger family farms. such as Babcock Ranch in nearby
Lee County that has conducted similar uses and activities for years.
a. Describe how the project is consistent with the Collier County Land Development Code and
Growth Management Plan (include information on how the request is consistent with the
applicable sedion or portions of the future land use element):
As stated. the subject property is designated as Agricultural/Rural, and Rural Fringe Mixed Use
District Sending Lands on the Future land Use Map of the County's GMP. The purpose of the
Agricultural/Rural designation is to protect and encourage agricultural activities and to conserve
.
and protect environmentally sensitive areas. Since urbanization is discouraged and not promoted in
this District, wost allowable land uses nave relatively low intensity to maintain and promote the rural
character of the area. The existing uses on this property ore allowable under this land use district
and are also allowed under the implementing zoning district. Rural Agricultural. The Rural
Agricultural zoning district is intended to provide lands for agricultural. pastoral. and rural land uses
by accommodatina agriculture and agricultural related activities and faciHties which support
agricultural and conservation related uses.
The Rural Frinae Mixed Use District employs a balanced approach including regulations and
incentives. to protect natural resources and private property rights. providing for large areas of
open space and allowing development. The District aHows for a mixture of urban and rural levels
of service. includina schools. recreational facilities commercial uses and essential services. The
conditional uses requested in this application in regards to agricultural: civic & cultural facilities:
educational facilities: recreational facilities: and sports instructional camps or schools, ore c1earlx
consistent with the goals of the AariculturaJ/Rural-Mi15ed Use District. and Rural Fringe Mixed Us~
District Sending Lands.
Further, the property is located within the North Belle Meade Overlay. As provided for in the
Collier County Future land Use Element. Sandin a lands provide valuable habitat for wildlife.
including endangered species. The goal of fhe North Belle Meade Overlay is to achieve a balance
of preservation and opportunity for development that takes into account resource protection and the
surrounding Estates area. This conditional use request is consistent with these goals.
Again. as stated above. the future land use element provides for exceptions and exemptions. As
provided by the Agricultural/Rural future land use designation. NGAlA qualifies for. and is entitled
to, the Interim Development Provisions of the Aqricultl.Jral Assessment Area which states. "Any
application for conditional use filed prior to July 22. 2003. relating to that land subject to an
AeJreed Order Abatin<;I Case dated April 8,2003, which application also includes properties under
common or related ownership with and operated and maintoined by the same or related operator
APPLICATION FOR PUflLtC HEARING FOR CONDfTlONAl. USE - 2/7/03, rev 1
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Page 7 of 17
of such land shal be rocessed and considered ursuant to the Interim Develo ~~~l14Pthdf\
were in effect from March 7. 2001. until July 22. 2003". paJgUen~OtJ~f 272
b. Describe the existing or planned means of ingress and egress to the property and proposed
structure thereon with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or catastrophe:
For existing and future operations, ouests are typically brought to and from the facility via deluxe
motor coach. or other oreup transportation vehicles. which are similar in size and structure to service
vehicles that already frequent the immediate areo. This will and has significantly reduced the
number of vehicle trips generated to and from the property. Further parking shall be minimal and
limited only to persons employed on the property.
As evidence. bv the Fire Compliance Certification from the State of Florida. (Attochment At which
certifies that the structures/project is approved for compliance with the Collier County Fire
Prevention Code and the safety requirements for fire and emergency vehicles. in that they will have
adequote access.
c. Describe the effect the conditional use will have on neighboring properties in relation to noise,
glare, economic: impact and odor:
The facility and the animals hove been located on the property since 1989. There hove been no
complaints oertainino to either noise. glare or odor. There are sufficient buffers to contain odor.
noise and glare within the property boundaries. Concerning economic impact this facility offers a
positive direct and indirect (trickle-down) economic impact for the community. Many corporations
and Fortune 500 companies hove scheduled visits. events and non-overnight retreats to the facility. .
Corporate and oovernment officials. including Governors from other states. hove attended events
and have made positive comments about their individual experiences at NGAlA upon their return to
their home states. Not only do they experience excitinG interaction, !i.e. alligators. and exotic
animals). but they also get to experience the natural wonder of our own Eastern Collier County
habitats needed to develop a sense of protection and preservation for our own unique and special
sense of place. Natural resource based recreational o.Q.P-ortunities offer qn.4..!?romote team building
skills that are remembered each time guests interact in the future when they return home. Positive
economic gain to the area from employees and guests have direct positive economic affect on the
community during their visit and when they return again with their families and other corporate
events. The facility has been and will remain open to school children and other instiMions for
educational purposes at no charge. NGALA has hosted many successfur charity fundraisers for not-
for-profit organizations and is an asset to the not-for-profit community in Naples/Comer County.
d. Describe the sHe's and the proposed use's compatibility with adjacent properties and other
properties in the district:
The adjacent properties are mostly farms for trees. row crops. and nurseries. There are also owner
occupied residences within those farms and estates at rural densities. This site's larae native areas
provide important areas for wildlife and foraoing areas for birds who may roost or nest on
properties located off-site (see EIS).
e. Please provide any additional information which you may feel is relevant to this request.
NGAlA was orioinally created as a boardinG and traininG facility for animals that have been
housed on the property since 1989. Not long after its creation, local charity, children's groups, and
APPLICATION FOR PUBUC HEARING FOR CONDITIONAL USE - 2/7/03, rev 1
5;\2007\07D054.00.00 NgoJa Co"difionollhc\OOOJ C<mcraJ CDnJuHa'ion PkMrtlng\CU AppJicolio" s....pport\~ $1 SurfMncy ,/(efponf~\2CJ8.06.02 CU Appffco';on.-dex.
Page 8 of 17
Deed Restrictions: The County rs legally precluded from enforcing deed restrictions, however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners
association in the area for which this use is being requested in order to ascertain whether or not the
request is affected by existing deed restrictions.
f. Previous land use petitions on the subjed property: To your knowledge, has a public hearing
been held on this property within the last year? If so, what was the nature of that hearing?
No.
Additional Submittal requirements: In addition to this completed application, the following must be
submitted in order for your application to be deemed sufficient, unless otherwise waived during the
preapplication meeting.
a. A copy of the pre-application meeting notes;
b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8'/2" x 11" copy of site
plan), drawn to a maximum scale of 1 inch equals 400 feet, depicting the. following [Additional
copies of the plan may be requested upon completion of staff evaluation for distribution to the
Boord and various advisory boards such as the Environmental Advisory Board (EAB), or ccPq;
. all existing and proposed structures and the dimensions thereof,
.. provisions for existing and/or proposed ingress and egress (including pedestrian ingress
and egress to the site and the structure(s) on site},
. all existing and/or proposed parking and loading areas [indude matrix indicating
required and provided parking and loading, including required parking for the
disabled],
. locations of solid waste (refuse) containers and service function areas,
. required yards, open space and preserve areas,
. proposed locations for utilities (as well os location of existing utility services to the site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
. iocation of ail signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
C. An Environmental Impact Statement (EIS), as required by Section 3.B. of the land Development
Code (LDC).
APPLICATION FOil PU/lLlC HEARING FOR CONDfTrONAt USE - 2/7/03, rev 1
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Page 9 of 17
d. Whether or not an EIS is required, tWo copies of a recent aerial photographf-~~ltW1th"i/Al.tfJy..
previous twelve months), minimum scale of one inch equals 400 feet, shall be submitte~jJM'1!p~~~
shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be
consistent with Florida Department of Transportation land Use Cover and Forms Classification
System.
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. A historical and archeological surveyor waiver application if property is located within on area of
historical or archaeological probability {as identified at pre-application meeting);
h. The petitioner must provide 0 letter of no objection from the United States Postal Service prior to
submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator
at:
U.s. Postal Service
1200 Goodlefte Road
Naples, Florida 34102-9998
Phone (239) 435-2122; Fax (239)435-2160
i. Any additional requirements as may be applicable to specific conditional uses and identified
during the pre-application meeting, including but not limited to any required state or federal
permits.
BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT
TO REMOVE THEIR PUBLIC HEARING SIGN (5) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF
COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL
PUBLIC HEA~ING ADVERTISING SIGN(S) IMMEDIATELY.
APPLICATION FOR PUBLIC HEARING FOR CONDfTlONAL USE - 2/7/03, r~v 1
5:\2007\07005.4.00.00 Ngak:t Concli'ionoJ lh_\OOOJ CcnerQI Con,lAlafion Phmfl.it.g\CU Applfet1rlon Supporf\ J Ii Svfficienr:y Re$po')JC\2008~06-o2 CU ~pp!;r.~.~
Page 10 of 17
Agenda Item No. 17 A
June 9, 2009
Page 33 of 272
AFFIDA VIT
I. R. Donovan Smith being first duly swam, depose and say that I am the owner of
the property described herein and which if the subject matter of the proposed hearing;
that all the answer:s to the qUeJtions in this application, including the disclosure of
interest iiformation, all sketches, data. and other supplementary matter attached to and
made a pmt of this application, are honest and true to the best of our bwwledge and
belief We/I understand that the information requested on this application mUJt be
complete and accurate and that the content of thiJ ft:l1714 whether computer generated or
County printed shall not be altered, Public hear'ings will not be advertised until this
application is deemed complete, and all required infonnation h(J$ been submitted
As property owner I fUrther authorize Robert J. Mulhere of RWA. Inc. and Richard
Yovanovich. Esquire of'Goodlette. Coleman ~ Johnson _ to act as my representative in
any matters regarding this Petition, (l 1...' ( /
1{ t.T ~ ~'t~
Signature of Property Owner elty Owner
R. Donovan R. Smith
Typed or Plinted Name ofOvmer
10.('11'11 ~ 8m >\--h
Typed aT' PI' nted Name of Owner
The/oregoing instrument was ach10wledged before me thiso.2l~ay ofm~
20.!!j by who is personally known to me Or has produced A./A as
identification. .
State of Florida
County of Collier
~Cf~ rv; .~
(Signature of Notary Public - State ofFlolida)
@.....;,;NotarypuDliCSlateoIFlorida
<' K alN'Jen M Ames
;. .; My C'Jw'ission D0415167
v.... ~~'" - -.' - . '..09
. .. o:..::~~E:.:.S :;-.iU:>>LlJ
Notazy Stamp:
CU-2003~~@l~ No. 17 A
NGALA Conditiotlall2IJseo09
Project: 2002~51 of 272
Date: 6/10/08
STATEMENT OF UTILITY PROVISIONS
FOR CONDITIONAL USE REQUEST
. ApPLICANT INFORMATioN
NAME OF APPLlCANT{S) CLOSE-UP CREATURES. INC. (NGALA)
ADDRESS 2755 INEZ ROAD CITY NAPLES S1 ATE FL ZIP ~
TELEPHONE # 239-353-3572 CELL # FAX # 239-353-3237
E-MAil ADDRESS:DONOVAN@NGALA.NET
ADDRESS OF SUBJECT PROPERTY {IF AVAILABLE}: 2755 Inez Road. Naples. FL 34117
~ ' .
'. ..""
L~GA~ DESCRIPTION
...1
Section/Township/Range 30/ 49 / 27E
Block:
Page #
Subdivision:
Lot:
Plat Book
00335000005,
Property 1.0 00332960009. 00334920005.
Metes & Bounds Description:
See Attachment G LeonI Description
Folio Number: 00332960009 - 3049 27 E 1/2 of SE % of SE % of NE.-B 5AC.
Folio Number: 00334920005 - 304927 E 1f2 of NW '/" of SE1/4 of NE 1/" 5 AC.
Folio Number: 00335000005 - 30 49 27 NE 1/" of SE '/" of NE % 10 AC.
I TYPE Of SEWAGE DISPOSAL TO 8E PROVIDED
(Check applicable system):
l
a. COUNTY UTiliTY SYSTEM 0
b. CITY UTILITY SYSTEM n
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM k21
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 2/7 }03, rev 1
5:: \2007\070054~OO.OO Ng:lIo Com;/iJjClnor U$.t./ \000 J CMn.-oJ CDm-r.nliI;J'ion P/o.'lning\CU AppJ;<<1Jion SvppeorJ\ (d Svffidcnr:y ~e~ponr~\2008,06.02' tu AppJicafion.d/:)c
Pog.. 1 J of 17
I,'
o
o
D
[gJ
Agenda I.tem No..1 ~~
.' )'11719.929'
Page 35 of 272
.. . .. '. . ,. '. .
TYPE 'PF WAtER SE;RVIC~ tOe,E.P,ROVIPED .
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
..,.;"""~,,>,v...;.,, '/;:;."". ,", '(:;,.'1" ''''''''';'',W;!f': \". '. ',. '7"',;'i:'E~'R"':i.i:;:E""~. '\'.
mor~t'iP..uP.u.l.i"A.JIO,t;'!.:'J'.()Ji8t:~iiD.:
~.."" ...... ".,.-......".,,;..-J.' ,-. ~ ...'" . '..-' ,- ......1. ",^, ,., ,.,..,,~ - .........~-.."..~ ......
~"""""'"'''''''l'.~'.''' .,.-...."...,~. .,..-.' '"',''' ...... -,",.,.........~~.." .,.,.... '.','"
'PEi(K':;iND'7:1tEi:irl?"iE;.:'':''~i:ity\j':DEM(,.iNDS~
",,,~,,,,,,,".,,,,I!..,,...;. . ,:.~""",.,,~3ii,...~...~ ,.......,.."...;:...,.. .~":._~,:',.,,~
A. WA TER~PEAK 5.770 GPO
B. SEWER-PEAK 5.640 GPO
AVERAGE DAILY
AVERAGE DAILY
Water
Unit
People/Unit
Demand
per Unit
(gpd)
185
20
5
TOTAL
Single famity
home
Employees
Visitors
1
20
1,000
2
o
o
Sewer
Demand
per Unit
(gpd)
Single family
home
Employees
Visitors
1
20
1,000
2
o
o
120
20
5
TOTAL
6.01 GPM
5.09 GPM
Total Usage
Average Peak Dally
Daily (gpm) (1.5
(gpd) factor)
370 0.39
400 0.42
5,000 5.21
1_.1___
Total Usage
Average Peak Daily
Daily (gpm) (1.3
(gpd) factor)
240 0.22
400 0.36
5,000 4.51
1"68J1~_
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE
PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED NA
APPLICATION FOR PUBLrC HEARING FOR CONDIT/ONAL USE - Z!7!03, rev l
$;\2007\070054..00.00 Ngalo CDnditjono1 U~e\OOO I GeM,,,t C(tn.ro"t'1f~ ,.1onnu,g"\CU Appli<:ofiQn Strppt>r+\ ~ ,t SuUieiftncy R~,po"r. \2008-06.02 CU APPf;enlior.-.dCr(;
Page 12 of 17
CU-2003 AR 37Aill'nda Item No. 17 A
- - '20 June 9, 2009
NGALA Conditional {j~e 36 of 272
Project: 2002090086
Date: 6/10108
ATTACHMENT G
Legal Description
iJ ~~~u~~ TI
" JUN 1 0 2008 ~U
l::.I
CU-2003-AR_3~3nda Item No. 17 A
NGALA C d" June 9, 2009
on Ibonal tls~ 37 of 272
Project: 2002090086
Date: 6/10/08
Attachment G
LEGAL DESCRIPTION:
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND
THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 ANTI THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FWRIDA.
U ~~~DV~ n
~ JUN 1 0 2008 U
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PARAOlsa CO"S'T~
C;onventlpn &
Visitbrs ~ureau
3050 N. Hotse$h()~ DTlv~
Suite 218
Naples. FL 34104
Phone; 239-;lS2,.,2384
Fax; 239-252-2404.
W\V,V .Paradi5eCoast .com
GU-2003-AR-3725
NGALA CBr,wt/'toeiJ, t)JO. 17 A
P . ct g I're ~~09
rOJe : 2002~S6 of 272
Date: 6/10/08
MfiY 14,2008
Donovan Smith
NG.A.LA Private Reserve
275'5 Inez Road
. Nap1~s, FL 34117
De~ Donovan,
Qn behalf of the staff at the Naples~, Marco I$-lqnd~' Everglades
COtivenri6,n ~ Visitors Bureau, I would like to sincereLY
congratQ.late you and your staff for your 2008 tourism Star Award
Nommarion. .
Enclosed is a letter QOtIgtatulating the NGALA Private Reserve who
was nominated for their contrib'Q,1iQn~ to the iQ'9al touriSm itl,Qustry
and fot excee.ding expectations anq ehhar.lcm,g the expetleJ;l'Ce for
guests,.feilow employees and the community.
Ple,ase assist me in honoring your staff and their contributions by
Sb,.aril1,g the enclosed letter to them,
SlTIcerely,
~.~ctr/w~
TI ~(g~U~~ n
"\ JUN 1 0 2008 U
I.:::J
Jack Wert
ExeCUTIve Director
FLORIDA'S LAST PARADISE
Agenda Item No. 17 A
June 9, 2009
Page 41 of 272
TE
~~~ "U'l'!...... ""'-..cr,....., l"'/'/lTfJClIW'"'
July 25, 2007
Donovan Smith
Close-up Creatures Inc.
2755 Inez Rd
Naples, Florida 34117
Subject:
NGALA
Traffic Impact Statement
FTE No. 107055-01
Dear Mr. Smith:
Florida Transportation Engineering Inc. (FTE) was requested by Close-up Creatures Inc
to prepare a traffic impact study (TIS) for the NGALA development in Collier County.
The following is a summary of our findings.
Introduction
NGALA is a Private Reserve development with five parcels, located at the southwest
comer of the intersection of Inez Rd and Keane Avenue in Collier County.
NGALA development consists of five parcels. Parcell, which consists of a residential
building and some animal enclosures, is not open to guests. Parce12 consists of a Private
Reserve, which contains 40x60 metal service building & bathroom, and one 5,600 sq ft
tent with corresponding out door area. Guests arrive at the location via motor coaches.
Parcels 3, 4 and 5 are currently vacant.
There are no known sites of this nature within or around Collier County. A project
location map is shown in Figure 1.
Trip Generation
As an adjunct to the private reserve use, NGALA conducts educational events as well as
corporate and other private functions. NGALA conducts these events mainly from 2nd
week of January to the end of May. The guests for these events travel the surrounding
roadway network via motor coaches. These motor coaches accommodate 30 to 55
persons per coach. These motor coaches drop off and pick up guests to and from the
location.
Florida Transportation Engineering,lnc.
8250 Pascal Drivtl
Punta Gorda, FL 33950
Ph: (941) 63e,2818
Fax: (941) 639-4851
7955 NW 12 Street Suite 418
Doral, Florida, 33126
Ph: (JD5} 453.8411
Fax: (305) 463,8744
3M West Pensacola St Suite 1 1 S-U
TaRahassee, FL 32301
Ph: (850) 201-9480
Fax (850) 201-8790
12909 N 58th Street Suile 205
Tampa, FL 33617
Ph: {S13) SaS-31S0
Fax: (813) 988-3850
W'\'\'w.fteinc.net
FTE
"'*..w.m.~~'\;,f.""""" A: ~.....t.c7 IN.wu>..J.ll'V''
Aoenda Item No. 17 A
- June 9, 2009
Page 42 of 272
Mr. Donovan Smith
July 25, 2007
Page 2
An event can range from 10 guests to 1000 guests. On an average, the group size was
found to be about 150 people for most of the events. Estimated vehicle trips for average
group size are provided in Table 2. Calculation of estimated vehicle trips for a worst case
scenario for an event with 1000 guests, which rarely would happen, is also summarized in
Table 1.
Table 1
Summary of Estimated Vehicle Trips for Average Group Size Event and Worst case
Scenario Event
Average group Worst Case Scenario event
Estimated Types of Vehicles size event with with group size of 1000
150 people people
Motor Coaches/Buses (average 40 4 25
I people in a coach/bus)
Catering Server Vehicle (with I
typical server ratio of I server per 15 15*
} 0 guests)
Catering Vehicles 2 5 I
Production StaffVehic1es 5 10 I
Entertainment Vehicles i 2 5
Single Performers with Specialty I 2 5 1
Instruments I
I Private-U;l(l~si-~es 1 3
-~'~'~"-',..~ ----
Ice Truck / Water Truck and I
3 I 3
Garbage Truck I
Total Estimated Vehicles 34 71
*/n case of bigger events the catering crew comes by motor coach owned by the catering company.
Table 2 below summarizes trips experienced by NGALA during tJleir previous events.
Florida Transportation Engineering, Inc.
8250 Pascal Dn-/e
7955 ~ny^J 12 Street Suite 418
:300 \-'\Iest P6:I:saco~.a St Suite i 1B~U
12909 N 55ih Street Suiie 205
Tampa. FL 33617
Ph: (813) 988.3180
Fax: (813) 988.3850
Punta Gorda. FL 33950
Ph: (941) 839.2818
Fax: (941) 639-4851
Dorar, Florida. 33126
Ph: (30B) 463-8411
Fax: (305) 463-8744
Tallahassee, Fl 32301
Ph: (850) 2C~.9480
Fax: (850) 201-8790
www.fteinc.net
Agenda Item No. 17 A
June 9, 2009
Page 43 of 272
Mr. Donovan Smith
July 25,2007
Page 3
Table 2
Summary of Trips Experienced By Previous Events
Type of Event Club Corporate Private
Meeting Function Function
(Average of 2
events)
Motor Coaches I 1 2
Van Trips I
Staff Vehicles 4 8 12
Ryder Trucks 2
Trailer Units
Wagon
Animal Trucks* 1 1 2
Total Trips 6 ]0 19
"'The Animal Trucks are used from south side o/property to north side. These are not used on the
roadway,
As shown in Table 2, trips experienced in previous events are lower compared to the
estimated vehicle trips shm~m in Table I above.
As shown in Table 1 and 2, the NGALA development does not generate a significant
amount of traffic that would have an adverse impact on the surrounding roadway
network.
Trip Distribution
NGALA has access to Inez Road via two one-way driveways. The motor coaches would
come on 17th Street West and Keane Avenue (Unpaved Roadway) and then onto Inez
Road (Unpaved Roadway).
In our professional opinion, the traffic generated by this development does not warrant a
full- blown traffic impact study. Typically~ when a full-blown TIS is not required, the
analysis is done to identify any site related improvements that are needed.
The NGALA development has two one-way access points from Inez Road. Inez Road is
not a through facility and does not have a significant amount of vehicles traveling on the
Florida Transportation Engineering, Inc.
8250 Pasc.;;l Drive.
7955 rryV 1;2 Street Su~\e .; i 8
Doral. Flortda, 33126
Ph: (305) 463-8411
Fax: (305)463-8744
300 "'oJ....! Pensacola 51 Suitel1 B-U
Tallahassee, FL 32301
Ph: (850) 201.9480
Fax: (850)201-8790
12909 N 56th Street Suite 20$
Tampa, FL 33617
Ph: (813)988-3180
Fax: (813)988-3850
Punta Gorda, FL 33950
Ph: (941) 639.2818
Fax: (941)639-4851
www.fteinc.net
Agenda Item No. 17 A
June 9. 2009
Page 44 of 272
Mr. Donovan Smith
July 25, 2007
Page 4
corridor~ All vehicles coming to NGALA would be traveling southbound on Inez Road
and would make a right turn into the development. No left turn movements are
anticipated from Inez Road. Due to the minimum number of vehicles that access these
driveways, no turn lanes are recommended at the project entrances.
Conclusion
The traffic resulting from the development will not have any adverse effect on the
roadway system in the area. No improvements are needed to the surrounding roadway
network due to this development.
,
Sincerely,
lID !/f e '.-
v \J\)~~tch?~~~-'-
....---,. .-.-
Venkat Vattikuti P.E.
Project Manager
Florida Transportation Engineering, Inc.
6250 Pasca' Drive
Punta Gorda, FL 33950
Ph: {941) 6~9-28'8
Fax: (9~ 1) 639-4851
795S NW 12 Slreet SIJ~e 418
Doral, Florida, 33126
Ph~ (305) 453~41 1
Fax: (305) 463-8744
3(1) West Pensacola Sf Suite 11 B-lI
Tallahas,*,e. Fl 32301
Ph: (~50) 201-9460
Fax: (860) 201-8790
12909 N 55th Street Suite 205
Tampa, FL 33617
Ph: (813) 988<3180
Fax: (813) 988.3850
Vl-ww.fteinc.net
FIGURE 1
NGALA DEVLOPMENT
TRAFFIC Il\1PACT STATEMENT
PROJECT
LOCATION J\tfAP
I
Agenda Item f\Jo. 17 A
June 9, 2009
CU-2003-AIf-.~~~6 of 272
NGALA Conditional Use
Attachment A
CU-2003-AR-3725 REV: 4
NGALA
Project: 2002090086
Date: 5/27/07 DUE: 6/24/08
Local, State and Federal
Permits, Licenses and Certificates
· License to Sell or Exhibit Class I &II Wildlife
· License to Sell or Exhibit Class III ,^"ildlife
. USDA Exhibitors License
· USDA Inspection Report
· Letter from USDA - Regarding Support of Alternative
Recreation and Tourism
· Collier County Property Appraiser's Agricultural or High
Water Recharge Classification Renewal
· Federal Farm & Tract ID Numbers
· Collier County Well Pennit
· Florida Department of Health Water Analysis Report
. County Health Department Inspection Report
· State of Florida Department of Health Operating Permit
· SFvVl"rn General Water Use Permit
. Collier County Septic Permit
· Golden Gate Fire Rescue Fire Compliance Certificate
· Florida Depar1ment of Business Regulation - Letter Regarding
Food Service License
· Florida Department of Agriculture and Consumer Services-
Clear and Dig Authorization
. Aquaculture Certificate (AQ3IZI017)
· FIOlida Fish and Wildlife Conservation Commission ACISS .
Captive Wildlife Routine Inspection Report
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Agenda Item No. 17 A
June 9, 20.0.~ELliO
Paae 50 of l./L
~. 3115 cusUd
328093 insp_id
8059 site_id
USDA
United States Department 6f Agriculture
Animal and Plant Health Inspection Service
CLOSE UP CREATURES INC
NGALA
Customer 10: 3115
Certlfjcate~ 5B-C..()455
Site: 001
CLOSE-UP CREATURES, INC.
2755 INEZ RD., S.W.
NAPl:ES, FL 34117
Inspection
Type: ROUTINE INSPECTION
Date: AUG-30-2007
NO NONCOMPLIANT ITEMS IDENTIFIED DURING THIS INSPECTION
- ~
Prepared By: ~ ~\~~j(\ Cl)j~) . {BO '-te .Llila) ~ '
CHA D BOTELHO, J ,A C I , USDA, APHIS, Animal Care
Title: A~~b CARE INSP~~!.lnspector 10: 2030
Received By: L) .:..--' .-/L~
DONOVAN SMITH
Title: OWNER
Date:
AUG-30-2007
Date:
AUG-30-2007
Page 1 of 1
~ ~J Res ,II~ ,ovember 4,2003
Agenda Item No. 17 A
June 9, 2009
Page 51 of 272
United States
Department of
Agriculture
Natural
ResoIU'ces
Conservation
Service
14700 Immokalee Road
Naples, Fl. 34120
(239) 455-4100
(239) 455-2693
Mr. Donovan Smith
2755 Inez Rd. SW
Naples, Fl 34117
Dear :Mr. Smith;
It is the policy of the USDA Naturdl Resources Conservation Service (NRCS) to
provide tecbnical and, when authorized, financial assistance to plan natural resource
conservation systems in relation to recreation and tourism activities. Recreation and
tourism are acceptable uses of natural resources. This is stated in OUT General Manual
Title 190, part 409 - Recreation and Tourism Policy, Objectives, and Responsibilities.
NGALA falls lIDder Alternative Enterprises, Recreation and Tourism as defined by the
NRCS. Catering to groups for educational, weddings, informational, and other purposes
(outdoor recreation) is a good use of your resources providing the natural systems are
protected through the use of best management practices and proper conservation
treatment necessary to sustain the supporting resources,
For your use I am including with this letter a copy of the year 2000 digital ortho aerial
photo, soil survey, NRCS Success StOty, Alternative Enterprises brochure, Alternative
Enterprises infOlmation sheet, and the NRCS General Manual Title 190, part 409 which
is entitled <<Recreation and Tourism Policy, Objectives and Responsibilities". As you can
see the NRCS is corrnnitted to SUPP01ting alternative uses for outdoor recreation and
tourism.
If you need further assistance please call me.
Sincerely,
---
~
'- ~
Anthony Polizos
Di$trict Conservationist
I
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...........,..1 ....-/
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The. Natural Resources ConselYdtlou Service wor1:s hand-in baud \'l'itb
tbe American people to conserve m.!'I:1r.IJ resources on private Jands
AN EQUAL OPPORTUNITY E.MPLOYER
-Legal Description I Property Control No. - - ,.~ c'< ~, -
(Y"...AR}
Agenda Item No. 17 A
June 9, 2009
n C:"'1 ~ -1"'71")
o 49 27 El/2 OF NWl/40F
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STRAP:',4927.30 056.000
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ABE SKINNER.'CFA
COLLIER COUNTY PROPERTY, APPRAISER
3285.. T AMI AMI, TRAIL, EAST, .
NAPLES, FL6RIDA 34112-4996
is r CLAS!
us i P.oSTAI
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NAPLES t f
PERM-IT ' 51
RETURN SERVICE REQUESTED
RECEIPT F0R20 07, AGRICULtuRAL OR HIGH-WATER RECHARGE CLASSIFICATION RENEWAL
(YEAR}
0,49 27,NEl/4.0F SEl/40F
E'1/4 10 AC.
00335000005
STRAP:'492130 058.000
I CLOSE-UP, CREATURES INC, I,
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NAPLES FL,34117~2906,
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.ABE SKINNER, CFA
COLLIER. COUNTY, PROPERTY, APPRAISER
3285,TAMIAMllTRAIl:EAST
NAPLES. . FLORI DA~. 34112-4996
1ST: CLASS
US,P.aSTAti
-PAID -
NAI? LES, f
PERtUT .51
RETURN SERVICE REQUESTED
RECEIPT FOR2.0 07 ' AGRICULTURAL OR HJGH~WATER RECHARGE CLASSIFICATION RENEWAL
(YEAR)
Legal Description I PropBrty Contml No.
~O,49 27,E1/2 OFcSEl/4. OF
El/4 Df;NEl/4,5 AC.
R 1782 P{;:810,
STRAP:'.492730 009.000
OQ332960009
r SMITH, R DONOVAN & TAMMY,l """I
! 2755. INEZ RO I
NAPLES FL 34117-2906
;:'; ;; ~ ~ L. il " J .. i " ,11." IH . ..I" 1.1I.1..1f " "II " .1.1 fJ 111,111I H
Agenda Item No. 17 A
June 9, 2009
Page 53 of 27~
Aaridlr
ColllQr
Report 10: FSA.1SGEr
U.S. Depsrlmllnt of A.griculblro
Parm Service Agenc.y
Abbreviated 156 Farm Record
FARM: 374
Prap3l'9d: 10l5J06 12:13 PM
Crop Year. 2007
Page: 1 of 1
Op=rator Name llnd Llllit 4
CLOSE UP CREATURES INC- 4965
Farms Anoclated with OPQnrtor.
None
Fe.nn Description
R..-n N.umber
Other Producers A$sociated with Farm:
DONOVAN SMITH
GRP Contmal Numoor(S): None
CCP
Farmland Cropland Cropland
10.0 0.0 0.0
State Other effeartive
Conservation Conservation DCP CrQplBnd
0.0 0.0 0.0
CRP
WBP WRP/SWP Croplarn1 -GRP
0.0 0.0 0.0 0.0
Double
Cropped NAP CRP MPL
0.0 0.0 0.0
Fann
StatUll
Actlve
FAV/WR
Hiatory
N
Trnct Number. 486
IdentifisrT49 R27 820
FAVJWR
History
N
alA Ran~ Unll Number.:
HEL status; tiEL De~erminl!llions not romp'.
Wethlnd Slaws; WL Detel1Tlinalior'lS not complete
WL Violations: None
Farmland
10.0
Cropland
0.0
CCP
CJ'Qplar1d
0.0
WBP
0.0
WRPJeVIIP
0.0
CRP
Cropland
0.0
GRP
0.0
0.0
othCT
Ct>nservati!)n
0.0
Eflect~ Ie
DCP Cr~>Jfand
0.0
Oouble
.Cropped
0.0
NAP
0,0
CRP MPL
OJi
State
Conservation
Owner&: CLOSE UP CREATURES INC
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Agenda Item No. 17 A
June 9,2009
/(7\.... . t
r~
Bureau of laborator*
Jacksonville. M"lBml. P&nsacolea.
Tampa. West Palm BS1lO/1
$AMPL~Ol...L.ECnON ANO REPORT FORM
FORPi<<NKING WATER
BACTEfUOLOGJCALANALYSIS
-
......or Lab Use Only
07 HAY 25 AM 9: 52
, 184696
';;t~ i~ ~ . _ ~ : : ..:/" .:lD
!i\f;;.t,.fL ":J:Sl~ .
D. WINiif'If:.L'; e13-91.4-4103
Press hard. (5) copies (Page 1 0'1)
An~is Requested: CptOOlre ChElCk aU lhal apply):
g' ~dard CoTlform Th!ll 0 () q 2.. '?
Q Olher;
C!._temfOwn .......IL.--. ^ J (.l!t. ~ A _. -~._..~ . .--.- --~~-. -' '--"
...t.q'''' er.........-...e:- J' \( ._-~_, --
County: ~O.{ / J';; <"1- ColJector: J'll'i1 6tfl.-(..l4/lC-c;. CoJlectorPhone#: C( t!.~-73-fqf ~.ec;5U.
CoJlecllon AddJ'e$$: 2::r ~ 5 ::z: ;./ e t g P .
Collection CIty: IV' .f (.? I b ~<; Collection 5t3te: ..r:c. Ccillection Zfp: 3 4 l ( t
Comments:
Tltll! following information mIlS! be completed if requestfng Or:P oompllance drlrtklf/9 water analysis
System lD. Number: l (-~ 7 -Q' f,,- 'P System Phone Number: District:
Type of Supply (check appropriate bOK):
t:J Community water $)'mem (J Nont;:Qmmunlty walar ayatem LJ NontranslMllINoncommunlty )(Umlted US" sy&~m
U Private wen LJ Bottled watet (J other.
re (Jf Sample (check appropriate box):
Comprisntle [J MJ;lin ClearancFJ
Rap~1 [J Replsoement
. Sample Rejection Criteria: / :'1 ~
Sample Preservation l.d""""rCIt on Ice.....u.L- .0,
Chlorine Check ~ Pf:>f-' of
U This samj)/e does not meet the followlna ,NELAC requJremenls:
lJ Wel( Survey
::J ~her
eoU.
Ne...
Sample ~<?int
(Location Dt 5peQilio Address)
R:lwl CI
DIst. Re,,'(1
17
Lab ComrTlentslqualiliel'5
_ Av(lr(lge of Disinfectant ReGiduals"
Disinfectal1t Residuals Analysb; Method: OPt> _ Other_
Disl~ewnt Ana!y8IsJ CertJOlKI Operator .,
'DEP Community & Nontr~n.lnonoomm,::; 4900 pop.
not lncfucflng r:lW Of plol'\t samples In avg.
Nt tesls are perfol'l'TWd in accordance ,,\,nh NI:LAC standards.
A 0: coliforms abs€nt: p:= colironl'lS' pre$el\t; C '" confluent
MF = SMS222B + D; MrF '" 9221B + ~CIMl)G; MMOllll/!JG :: SM9223B:
HPC = SM9215B
Name and Mailing Addr~ss of Person to Receille RepOrt
t[ Satisfactory
:..J Incomplete OollecUon Infonnation
a Repeat Samples Required
Q Replacement ~Ples ReQUlradW
Date Reported: ~ :l,p7 .
Reviewing OfficlaITrtle:. ~~W ~~ y' f.r4,
<f/J~ 'j%~-'-;
OH 655, 6104
PURPO~E:
~ ROUTINE c::::J REINSPECTION
c::::J CONSTRUCT, = CHANGE OF OWNER
c::::J COMPLA.INT c::::J C"ONSULTATlON
c:::I QA SURVEY c::::J EPIDEMIOLOGY
= OTHER
DEPARTMENT OF HEALTH
COlJ"'NTY HEALTH DEPARTMENT
LIMITED-USE PUBLICI PRIVATE DRINKlNG WATER SYSTEM
SANITARY SURVEY & INSPECTION REPORT
..~~~:'~~~ '~'." ,,' . ^/ /( L A
'~!Ii~'QF SYSTEM <...-J - ,':!"'" ,
::';i;Ji.i!~:;;;'.1"; ~:, .,,,,,. -'7: r~ -r ~ /' -...., I) ~
':r~bRESS, .,;= .7, '::z L _'"' ,'. ( c;.... /""!I
. ........,. '" '. .
:.;~6~~R ' . D.i?jV t) V AfJ <7 ,,1-1 i T I!
.'I.:;;..;':..;t.":.......,."..'.
PEM.ON IN CHARGE
Agenda Item No, 17 A
June 9, 2009
Page 56
. :..:.:~,:.:/.)~.~::~~Ji;l~~~l~
/~ '~,~ :./t:,'~~.:i:.;~;:~{r~:I!!~f!~
... L{ II ..71,.:'.,...:~:;;~~t::>{l.;?w
., t;.:;; ~. 5%?::;9:~:i?~~:4l?ii.~\;~E
. . .'j ". s.~;~...:;.l,~~:.;.{~A;*~~~~~t;.~~
CrTY
ZrP
PHONE
~ Satisfactory
c::::J Incomplete
o Unsatisfactory
Correct Violations b)'
= Next Inspection
= 8:00 AM on:
ATl1!:
.: , ::.1,,'...
.r\.'.:.~":'
~~~~;:~ DATE~~Ri.~~
CZlCZJCZJ CZl
C3:JC3:J 1:3:1I::3:J
I!iI!J o.tJ Cl%:][:ztH:>D
:5:J I:S:l1:S:J\'!!J:::SJ
C6J c:tn C15:Jc:tn r:.Q:l
:::7:JaJaJo:J~
. ::a:J[:s:II::8:I$J $J
~E9:J cS:l r:9:J
Limited Use
Community /Cl:l
~ Limited Use
Commcrcinl
r::::::::l Limited Us~
Commercial
(Registered)
c:;::l Private
=
flh.~:~ifVl;jf1i~~~'0M:Cl(ajll~r'&-fE-8 <if fhe Florida A dmil1isii-/'r/w? c;,di t1~I~r;~';i~'i':biiMtffr~tZj-::ri%Wti
.'"..r:}~Riti,IIO'1J:':dfJih"l!(~rA4E-8.of the Florid!? -;1dmi!llslra{ive ,00q.dr!.: q11Xfl.llii?!.~t.f?~'~
..'''~' _ ~q~1J.~'i!;'~'!.:Jjlr~;:f}t!;?pl~.se~/~O)! above or (Ill admlJ1Jslrallve fi.ne;o.t g/k~f.'{~~q" 9PMP}!:'1,!{:
OPERATION/MAINTENANCE = 1). Oper. & Muin!. Logbook = 17. Tank Size
= I. Remote pressure_pst. = JO, Unpermilted Modification = IS, ANSJINSF E<Juip.
= 2. Well Senl = 11. Variance Conditions = J9, Distribution Lines
c::::J 3. Well Vent = 12, COlTective Order Conditions TREATMENT
= 4. Equipment Opef. & M~inl.
= 5, Cross Connection Control
= 6. Setbacks: _ _ _
= 7,5' CJeanmce/Protection
=
= 13, Grout
= 14, Apron
= 15, Source T~p
= 16. Pump Size
= 20, Contnet Tank Size
= 21, Contnet Tnnk Pipe~
= 22. Source Tnp
= 23. Check Valve(s)
c::::J 24. Test Kit, D!'D
= 25. Remole Free [eI]
c::::J 26. Operator
= 27. Chern. Feeder
c:::J 28. ChemWoils
= 29. Public Notification
= 30, Delinquent Moniloring
= 31. MCL Violation
8. Abandoned Wells
NOTE: It is unlawful to modify any public water system without first having obtained approval from the department.
ONSITE OBSERVATIONS
Public Consumptlon Offered via:
= Delineated Area
= Less than 1000' to contaminated
I Public Consumption I:O::H:!::II:2:lt:3:lt:4:ll:6:J c:tnaJ I:$J C9:l I
by # of People cO:l c:t:l CZl C3J Cltll:5:J[:G:1 aJ I:$J C9:l
Year Constructed:
# Service Connections:
\l'e1~ wllter, or soil
= 25 or more people rt-gularly consume piped waler ornlly 60 or more days pCI year.
COMMENTS AND INSTRUCfIONS
(continue (111 attached sheet)
ITEM
NUMBERS
I
HEALTH DENP.TMEA7I,\'Sf'ECTOR'
PHONE:
",
con OF REPORT RECEIVl,D BY..
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Agenda Item No. 17 A
June 9. 2009
Page 58 of 272
SOUTH FWRIDA WATER MANAGEMENT DISTRICT
FORT MYERS S~VICE CENTER 2301 McGregor Boulevard, Fort Myers, FL 33901
(941) 338-2929 . FL WATS 1--800-248-1201 . Suncom 748-2929 . Fax (941) 338-2936 . wVlw.sfwmd.gov/org/exojftmyers/
CON 24-06
Application"N'o.: 020812-7
General Permit No.: 11-02129-W
September 19, 2002
CLOSE-UP CREATURES (NC r~'~
2755 INEZ ROAD
NAPLES, FL 34117
'-
Dear Permittee:
SUBJECT:
General Water Use Permit No.: 11-02129-W
Project: CLOSE-UP CREATURES NAPLES
Location;;' ".90LLlER COUNTY, S30!T49SIR27E
Permtttee: CLOSE-UP CREATURES INC
, ,',~,~ ,
,~~
This letter is to notify you of the District's agency action concerning your Notice of Intent to Use Water. This
action is taken pursuant to Rule 40E-20.042, FlOrida Administrative Code (FAC.). Based on the
information provided, District rules have been adhered to and a General Water Use Permit is in effect for
this project subject to:
1. Not receiving a filed request for Chapter 120, Florida Statutes, administrative hearing and
2. The attached Limiting Conditions.
The purpose of this applicatton is to obtain a Water Use Permit for landscape irrigation of 2 acres of turf
using a sprinkler irrigation system. Withdrawals are from the Lower Tamiami Aquifer via one existing
withdrawal facility.
GOVERNING BOARD
EXECUTIVE OFFICE
Trudi K Williams, P.E., Chair
Lennart E. Lindahl,. r.E., Vier-Omir
Pamela Brooks- TholTh1:S
Michael Collins
Hugh M English
Gerardo B. Fernandez
Patrick J, Gleason, Ph.D., P,G.
Nicolas J, Gutierrez, Jr., Esq.
Harkley R. Thomton
. - M ", ,'''0'' . It,,'"~ ;;R<:'J::$lM . R.WATSl-800-432-2045
Henry De>ln. Exec"twe Director
ApplicatIon Number: 020812~7
CLOSE-UP CREATURES INC
September 19. 2002
Page 2
Date Of Issuance: September 19, 2002
Expiration Date: September 19, 2022
Water Use Classification: Landscape
TotaJ Serviced Acreage: 2 ( 2 acres of turf )
Water Use Permit Status: Proposed
Environmental Resource Permit Status: Not Applicable
Right Of Way Permit Status: Not Applicable.
Ground Water From:
Lower Tamiami Aquifer
Permitted Allocation(s):
Annual Allocation:
Maximum Monthly Allocation:
2,449,600 Gallons
325,100 Gallons
Existing Withdrawal Facilities - Ground Water
Source: Lower Tamiami Aquifer
1 - 4" X 80' X 30 GPM Well Cased To 60 Feet
Rated Capacity
Source(s}
Lower Tamfaml Aquifer
Totals:
Status Code
E
GPM
30
30
MGD
0.04
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Agenda Item No. 17 A
June 9, 2009
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COLLIER COUNTY HEALTH DEPARTME~I;~e~~2b6~ '
~ PERMIT .~cf'ge 60 of 272
SEPTIC SYSTEM
Permit
To;
PERMITS ARE VALID FOR 18 MONTHS
.. / JJ. For Inspection
dllv -'007Phone 403-2456 or 643-9757 (3 digit #805)'
Date Issued: -12.- ZI-e
Address of Installation:
Septic Tank
5' Shoulders
Mounded Syste~ ~i1iZed
Drainfield b
WARNING "
Septic Tank Outlet Invert 0
above reference point.
Soil Analysis
Engineer's Certification of
jOilS Removal Required:
.1 Sodded Slopes Required:
Engineer's Certification of
Installation
Gutters Required:
SEPlmsTE~
~;
'"
Gals.
Other:
Sq. Ft. .
Inches
tttN./
J
~
t/
THIS CARD MUST BE DISPLAYED AT INSTALLATION SITE
Final Cover Inspection
Inspe~tion By: .
Date:
/
IIl'Yes 0 NO
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to
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USDA SOIL SERIES: 7JIO OLbSP'7~R
U'SDA SOIL SERIES: :# 10
BSERVED WATER TABLE: ~? INCHES (ABOVE f(j.ELOjjj.. EXISTING GRADE. rY~;RCHED I~
STlMATED WET SEASON WATER TABLE ELEVATI O!f: b INCHES [ ABOVE) ELO J EXISTING GRADE.
IGH WATER TABLEt.VEGETATION: ( ] YES' (v( NO MOTTLING: ( 1 YES (vf NO DEPTR: - INCHES
. t
. /VI
OIL TEXTURE/LOADING RATE FOR SYSTEM SIZING: '" ().lD S DEPTH OF EXCAVATION: A INCHES
RAINFIELD CONFIGURATION: ( } TRENCH (vi BED [ ] OTHER (SPECIFY) fr)/) ON n
EMARKs/ADD!TIONAL CRITERIA:
~.L~ INVER.T:; 0 N ~ ;l L/ I' ~~.. n .
~- ---.....Q, 1--- - .r:i.
rTE EVAI..UATED BY:
"U1J1'} J C~~& ~~O
Co< ~ DATE: Jo// Cj / nr'J
I j
H 40'5 ,OfSl6 (~&DI8ee' H~~-).l Form "O"j~ (Page 3~ which m..y b& uSAdj
Page 3,p.€.-"
STATE OF FLORIDA
DEPARTMENT OF HEALTH
ONSITE SEWAGE DISPOSAL SYSTEM
SITE EVALUATION AND SYSTEM SPECIFICATIONS
Agenda Item No. 17 A
June 9, 2009
Page 61 of 272
PERMIT #
LOT:
BLOCK:
AGENT~ 0 00 t' 1
."/'1'\ cTH ^. ......Oc.h...., .>......' R...
SUBDIVISIONz ~ ,/-:u 4 St: iv ~ .5=-1/.., .-j tVE:. 11(
~ .~ io; ~ ~9~-b }~ -1.7E:..,;G
[Section/Township/Range/Parce~ No. or Tax ID Numbel
APPLICANT: n
I',[)CJNOYAN
PROPERTY ID #:
=======~=====================================================================~========:~~--~
TO BE COMPLETED BY ENGINEER, HEALTH UNIT EMPLOYEE, OR. OTHER QUALIFIED PERSON. ENGINEER. S MOl
PROVIDE REGISTRATION HUMBER AND SIGN AND SEAL EACH PAGE 01" SUBMITTAL. COMPLETE ALL I~S.
==========:===========================~================c====c===============================~=~
PROPERTY SIZE CONFORMS TO SITE PLAN: (~YES (] NO NET USABLE AREA AVAILABLE: ~3: CJb ACRl
TOTAL ESTIMATED SEWAGE FLOW: 400 GALLONS. PER. DAY {RESIDENCES-TABLE 1 /cDTIlER-TABI..E: :
AUTHORIZED SEWAGE FLOW: 2.319..,0 GALLONS PER. DAY c.SOO GPD/ACRB o"""B> 2500 GPD/ACRE)
UNOBSTRUCTED AREA AVAILABLE: /.2..40 SQFT UNOBSTRUCTED AREA REQUIRED: 12 ;, J SQI
BENCRMAR.K€FEREt!:CE POIlivLOCATION: ~ ~ ~ ~ ]~ ..,., ~~.........€J '1 f *
ELEVATION OF PROPOSED SYSTEM SITE IS ;2.'-1 dBCH~S FT) (ABOVE,(BE;J:.Q\il BENCHMARK !lREBe! POll
THE MINIMUM SETBACK WHICH CAN BE MAINTAINED FROM THE
SURFACE WATER: ~A FT DITCHES/SWALES:
WELLS: PUBLIC: . A FT LIMITED USE: ,.)/.4 FT
BUILDING FOUNDATIO S: ..5'" FT PROPERTY LINES:
PROPOSED SYSTEM TO THE FOLLOWI:NG FEATtJRE~
AI/A FT NORMALLY WET? [ ) YES (~]
PRIVATE: 7..5" FT NON-POTABLE: J'IIjA I
2. 'ri.5" FT POTABLE WATER LINES: J.{ J' 1
:TE SUBJECT TO FREQUEl'o"T FLOODING:
10 YEAR FLOOD ELEVATION FOR SITE:
[ ) YES Lvi" NO
FT MSL/NGVD
10 YEAR FLOODING?
SITE ELEVATION:
YE S [.J.-J
FT MSL/NG'
SOIL PROFILE INFORMATION SITE 1
SOIL PROFILE INFORMATION SITE 2
'::~~L/ ~?~-~J
. e )(-C'/J.....-.
a)o~ll~
Depth
AT"t\ 1 to
to
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to~
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to
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to
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to
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to
USDA SOIL SERIES: 7J'D "L bS P1fJR
Munsell # IColor
IOYR,.lPI1 GtR.nlJ
USDA SOIL SERIES: :# 10
OBSERVED WAXER TABLE: .;2.? rNCHES [ABOVE /~~D.i) EXISTING GRADE. TY~$RCBED I~~
ESTIMATED WET SEASON WATER TABLE ELEVATIO!f: b INCHES [ ABOVE) ELO J EXISTING GRADl
HIGH WATER TABLE VEGETATION: ( ) YES [\.1' NO MOTTLING: ( ) YES (vf NO DEPTH: - INCH)
SOIL TEXTURE!LOADI:NG RATE FOR SYSTEM SIZING: " ('J. t:, 5 DEPTH OF EXCAVATION: N / A INCHI
DRAIHFIELD CONFIGURATION: [ ] TRENCH [vi BED [ ) OTHER (SPECIFY) /Y)/) UN n
REMARKS/ADDITIONAL CRITERIA:
~,.~
I N/IIZR r:; 0 II ~ J,.. " " ~l2:>- ~ I
.~~_.... .12.'.
SITE EVALUATED BY:
rup ~~ d
(? i'> 'rv"> (j ku !.Q
~~ .
::-0< ~ DATE:
/o//fjJI'JQ
I ·
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Agenda Item No. 17 A
June 9, 2009
Pa J
NOTICE 'OF FIRE COMPLIANCE
I
:While Copy:' Owner
YeUow Copy: CoWer ~oUJll:1 Development. Servtces
'~-P1nk Copy: . Fire Dlstrfcl .
5/17/91 .
HOL' II'
PERMIT.#: . ,
-;r " ,
NAME OF OWNERk." R; ()C"'f)V4 ,,,! ,).-r' I-L '
~OJECTNAME: A/(Ja/a
. . '. (/
:ADDRESs: f)..1SS- -z:: IVr:.-:;;.
GENERl\L CON'rRACTOR: . ~/ <1'. . \
OCCUPANCY CLASSIFICATION (C1rclel
~US1ness....Educa~~na1....Storage....Hazardous....MercantJIe
~~tlal....Fact~ry .ndustrlal....Instltutiona1.;..~oJect(other)
REINSPECTION FEES . , I ' .
, I hereby ~ that this struct:urelprq/ect. comp~ wtth the
, CollIer County FIre Pr~~.' .
~/~,-7 /~ . J~~;:"
, . Certtftect'"Fir~nspe<:tOr ' ~Z
I
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ICkn 6I/lkley.SIly$l'
Sm:mtB1Jf
Dlvis:iCln Of HotBla &.
RemllfllDtll
Fl;>rt Myers PJli1rlot Qtflee
4100 C1!l1Ull' Poim O:ivl;!
SUtter 104
Fort ~'" S:loti/!la
33916-9460
VOICE
94f.278.7:l55
800.226.7359
FAX
941.278.73&9
SMAll
dhr .an~dllpr.st!le.ll. U9
INTERNET
WWW.mytoriClaoom
Agenda Item No. 17 A
June 9, 2009
Page 64 of 272
STATE OF" FLORIDA .
OEP^~MENT OF BUSINE5SS AriD PROF5SSroNAL RE;GUI.ATrON
Donovan Smith
NGALA
August 30, 2002
Re: food service license
Dear Mr. Smith:
The Division of Hotels and Restaul11nts, as part of the Department of Business and
Professional Regulation, ~nd pursuant to the provisions of Chapter 509 Florida
Statutes. is responsible for the licensing, inspection and regulation of public lodging
and food service establishments in the State of Florida.
Caterers are licensed under FlorIda statute to prepare food for servloe at a place
other than their own facility. hi. such the service of food at NGALA by a licensed
caterer would meet the requirements of Chapter 509 requirIng food servioe by a
licensed entity. As long as the caterer was completely responsible for the
preparation. service, subsequent cleanLlp, and of course duly licensed, Chapter 509
would not require a separate license for the place of service.
P.lease contact us again If you feal we may be of assistance in any matter of
sanrtmion or safe1y in a Florida publlo lodging or food service establishment
Sincerely,
--.~ ~~. , '
;;:'. .
. .
Gary Tillman
Distiict Administrator
Ft. Myers
"
Agenda Item No. 17 A
June 9, 2009
Page 65 of 272
Florida Department of Agriculture and Consumer Services
CHARLES H. BRONSON, Commissioner
The Capitol . Tallahassee, FL 32399-0800
Please Respond to:
Division of Aquaculture
1203 Governor's Square Blvd.
5th Floor
Tallahassee, FL 32301
Phone: (850) 410-0867
May 4, 2004
R. Donovan Smith
Ngala
2755 Inez Road
Naples, Florida 341 17
Dear Mr. Smith:
Thank you for contacting the Division of Aquaculture regarding your previously approved construction
project involving culture ponds and/or above-ground fish tanks. Your land is zoned agriculture and as
specified in state statutes, the Division of Aquaculture is charged with regulating your site. The legislation
places the Division of Aquaculture in control of such sites to prevent duplication of government reeulation.
.As stated in a previous letter, SFWMD's conclusion of no wetland impacts is sufficient evidence for the
Division. You may dig and/or place above-ground tanks as needed in the area we discussed in your plans.
Vegetation will have to be removed prior to the construction of the aquaculture system. Accordingly, the
Division of Aquaculture has no objections to this removal provided it is done following state laws. Having
visited your site and reviewed plans, this decision stands. Recall that placement of erosion barriers around
the excavated area to control sediment is required. It is also important to reseed disturbed ground after
construction activities are completed.
Please route any correspondence from other agencies to my office in Tallahassee.
Sincerely,
CRARLESH.BRONSON
CO I~RICULTURE
. stopher Brooks
Biological Administrator
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Florida Agriculture and'Forest Products
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~~,~enda Item No. 17 A
,~~. June 9, 2009
Page 67 of 272
Florida Fish and Wildlife Conservation Commission
ACISS CAPTIVE WILDLIFE ROUTINE INSPECTION Report
FWSA070FF6920 Report Date: 08105/2007
FWSA070FF6920
0810512007
CAPTIVE WILDLIFE ROUTINE INSPECTION
CLASS I. /I. IU INSPECTION
07/26/2007 00:00
07/261200700:00
TALAHASSEE CWo LIST
ReLiABLE
, ~~ENCYWlDE (lowSe'lmrity)
~ :.:
0SI0S12007
Escanio. Alfredo L T (L 130 I Investigations ~ South A I Florida Fish and Wildlife Conservation
Commission)
2156 INEZ RD. NAPLES ~GOLDEN GATT: EstATES, FLORIDA 34117, UNITED STATES
CLASS I, II, III
Race,:
Record Type: PERSON
.:.t~HP.i:~'?~'~~~~~""""'~~!~~!..!~~.n......_.........".._...........................'................:...................,.......,................................................_................._..........................,.................1
'~~i:::;:;;;:=:Jsh sndWUdUf& ~nserva6on ~n.,~~~ftpr,H8~..~~:=r::j::t!:i;;~~ifftd~t
..
,..,
Agenda item No. 17 A
June 9. 2009
Florida Fish and Wildlife Conservation Commissionage 68 of 272
ACJSS CAPTIVE. WILDLIFE ROUTINE INSPECT/ON Report
FWSA070FF6920 Report Date: 08/0512007
Report Number:
Relationshio
SUBJECTS HOME PHONE
Matson, Art JNV2 (Fi50 , Investigations - South A I Florida Fish and Wildfife
Conservation Commission)
0810512007 12:34
Matson, Art INV2 (Investigations. South
A I Florida Fish and Wll4lire Conservation
Commission)
Escanio, Alfredo L T (L 130 I Investigations
- South A I Florida Fish and Wildlife 8/8/2007
Cons~rvation Commission)
"?4;&~ifJ.?~:g~~~~'-f(~:~~W.j,w,,\,,~, ..
This reporl is property of Florida Fish and 'NiIdfife Conservation Commission. Neither it or its contents /TUly be disseminated to U~~Ulhotized perwnneJ.
Art Matson 08/081200718:32
. Page 2 of6
'~:
Agenda Item No. 17 A
June 9. 2009
Page 69 of 272
CAPTIVE WILDLIFE INSPECTION NARRATIVE
GENERAL INFORMATION
1. LOCATION '8 LATILONG OR DIRECfIONS (IF NECESSARY): WHITE BLVD
EAST TO ~3RD, TURN RIGHT, LEFT ON K~ANE AVe, RIGHT ON INEZ ROAD.
N26.10.682 W 081.38.295 (GOLDEN GATE ESTATES)
;:il . , ". ; :fIN,f- ,'; .
r I'." ":, " ,
('h'PEJN'tI1AL. ROUTINE, FOllOW UP OR PREVIOUS PROBLEM SCORREC'fED)
4. COMPLAINT # N/A
NATIJRE OF COMPLAINT: N/A
5. CLASSES: 1,II,UI
6. VENOMOUS R.EPTD..ES NO (TYPE YES OR NO)
7. liST SPECIES PRESENT LEOPARD, COUGARS, SERVAL, GATORS , ETC.
INSPECTIONS CHECKLIST (MARK wrrH "'x:')
(FOR THOSE MARKED EXPLAIN TN COMMEN"fS BELOW)
""".W_"" '.. . '''''~P~~.EEl~~~~""";\",~/,~,,,(%'~f,!:(.,
......':,.. .~.. ,": .-?+~:>'~:'::<" . .:::~:?~:;:,~:)::,,,,::'~; ~ .)', ..~...!",:",:,.:,:~: . ~':' ".\: 'Ii ,~, ~\*i";:~<;::f.~~::;,,~,,':*'''''''
2. ENCWSURES DON~TMEETIEXCEED CAGlNG REQUIREMENTS 00000
lFNOT~DA1EOF ACQUIsmON 00000
3. ANTh1ALS NOT PERMANEN'1LY MARKED 00000
1
Agenda Item No. 17 A
June 9, 2009
Page 70 of 272
4. CAGE DOORS NOT KEY LOCKED 00000
5. CAGES, P ADOOCKS~ POOLS APPEAR NOT TO HA VB BEEN CLEANED, RAKED.
SCRIJBl3EJ). &- DISlNFEC'IED WITHIN PRESCRIBED SCHEDULES 00 DO 0
6. FECAL & FOOD W ASlE NOTPROPERL Y STORED/DISPOSED OF 00000
7. ENCLOSURES DO NOT PROVIDE ADEQUATE SURFACE WATERDRAINitGE
. . .
. ,.'~'SMFBAR TO BE UNHEALTHY? (NOTIN-eLUDiNG REf:rAB) 00000
9. NOT FREE OF WOUNDS, INJURIES, SKIN IRRITATIONS (NOT lNCL. REHAB)
00000
10. ANIMALS NOT PROVIDED ADEQUA1E PROTECTION FROM EXTREMES
OF TEMP 00000
OF WEATHER 00000
11. NO 5AFETY ENIRANCE FORCIASS 1 &2 WILDLIFE 00000
12. PERIMEIERJBARRIERFENCES NOT PROVIDED 00000
...r:~t1~;;;c:/~~~1~,-~~~~~~~~~~e~~}~~ ....
14. FOOD & WAlER CONTAINERS NOT CLEAN 00000
15. PROPER DIET NOT PROVIDED PER SPECIES OOODO
16. FOOD IS SPOILED ORCONTAM]NA1EDFORA..~Y ANTh1..t\L 00000
2
.;'Jr4
,~
.-of"",
j'"
~~,..
Agenda Item No. 17 A
June 9, 2009
Page 71 of 272
17.lNSUFFICIENTFOOD&WA1ER. 00000
18. TRANSPORTCAGESDON'T:MEETlRANSPORTREQUIREMENTS OOODO
19.1NFA..~TS!J(JVEN1LES ONLY ATTI-llS TIME DOOOD
20. ELEPHANT RIDE WTIHOUT REQUIRED AUTHORIZATION 00000
:.... .\i~""'< :r.~i-' ~I :
~ . '~.', .~.~- ," . ~--;.~;~~~i!~~~f.~it~t:~?~f~
, ,
22. APPROPRIATE COPIES OF REGULATIONS GIVEN OR POSSESSED 00000
COMMENTS
INSPECTION COMPLETED ON THE ABOVE DATE AND TIME. MR & MRS.
SMITH. POSSESS: ONE BLACK LEoP-ARD_'1WO\:;GOLDEN spoTtEr)'.
LEOPARDS, TWO COUGARS; ONE,SE~VAL, TeN:'PARRgT:S~!fNeAMERICAN',
ALLIGATORS, ONE CROCODilE, ONE LEOPARD TORTOISE, FIVE AFRICAN
SPUR THIGH TORTOISES, ONE GIRAFFE, ONE ZEBRA, ONE CAME.L,ANO TWO
LEMUR MONKEYS. ALL THE ANIMALS APPEAR HEALTHY AND HAVE CLEAN
WATER AND CAGES; VERY PROFESSIONAL FACILITY. NO VIOLA nONS
NOTED.INV. ART MATSON 239--263-8825.
, f~~~i~~~~l<;""'~.q.,,~'" ~::-t!r...,"'!""';'~i.t~h':"';""':" .c.
'~.">Y~S~J,;~\;,~,' :.,...' .
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.:.',-:~ ':f' ,"'r",~.' .~." .,' , -~. ...,l~.,..'. .
"
;)
..!\genda item No. 17 A
June 9, 2009
CU-2003-AR~m572 of 272
NGALA Conditional Use
CU-2003-AR-3725 REV: 4
NGALA
Project: 2002090086
Date: 5/27/07 DUE: 6/24/08
Attachment B
Salvatori & Wood
Letter Report Dated November 21, 2006
Agenda Item No. 17 A
June 9, 2009
Page 73 of 272
Northem Trust Bank Building
4001 Tamiami Trall North, Suite 330
Naples FL34103-3060
Telephone: (239) 263-1480
Facsiml1e: (239) 649-0158
www.SalvatoriAndWood.ecrm
James A. Boatman, Jr.
Robert H. Eardley
Leo J. Salvatori
Casey X. Weidenmil1er
C. Lane Wood
ATTORNEYS
Kf LAW
November 21,2006
VIA HAND DELIVERY
Joseph Schmitt, Administrator
COES
Cofljer County Government
2800 Horseshoe Drive
Naples, Florida 34104
Jeff E. Wright, Esquire
Assistant County Attorney
Office of the Collier County Attorney
2800 Horseshoe Drive
Naples, Florida 34101
Susan Murray
Director of Zoning & Land Development
Collier County Government
2800 Horseshoe Drive
Naples, Florida 34104
Michael Pettit, Esquire
Shift County Attorney
Administration Building
3301 East Tamiami Trail
Naples, Florida 34112
Re: Close-Up Creatures, Inc. adv. Collier County
Dear Mr. Schmitt, Ms. Murray, Mr. Wright & Mr. Pettit
As you are aware, Salvatori, ~ Wood, P.L. and Goodlette, Coleman &. Johnson,
P.A. provide counsel to Close-Up Creatures, LLC d/b/a NGALA ("NGALA"). Along with
Tallahassee counsel, Hqpping, 8ams & Green, P.A. we have been working with NGALA
and its principal, Mr. Don.ov~n.$mit.lJ, for the past three y~gr$in gO ~ffQ,r:ttQ r~,~9Iv~ th(3
uniql,1e issues presented by NGALA's presence in Collier County. On OGtoper 21, :':006,
NGALA and its counsel met with each of you as well as others at the County to discuss
this matter. Whfle two code enforcement cases remain pending, the parties agreed at
the October 27th meeting that the key question that the County must answer is whether"
it should apply certain of the County's ordinances and regulations to NGALA At the
request of Collier County, NGALA is providing this letter and enclosures in an attempt to
further advance the negotiations with an aim toward resolving a matter that has now
been ongoing for more than three Years.
It was agreed at the October 27th meeting that the determination that must be
made was, "Is NGALA a Farm?" The answer to this question is yes, NGALA is a farm as
defined' by the Florida StatuE;:s. The purpose of this letter is to provide you with the
evidence, expfanation and analysis necessary to allow the County to, com;:ur that NGALA
operates a farm pursuant t6: .(1) Florida's Right to Farm Act' (Fla. Stat. S 823.14); (2)
Florida's. Agricultural Practices Act (Fla. Stat. 163.3162); and (3) the United States
Department of Agriculture. NGALA is a farm.
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!-\genda Item ~~o, 17 A
June 9, 2009
Page 74 of 272
Mr. Schmitt, Ms. Murray, Mr. Wright & Mr. Pettit:
November 21,2006
Page 2
Upon reaching the conclusion that NGALA is a farm, the County will then be able
to confirm that: (1) all non-residential structures present on the NGALA property are not
subject to the Collier County's Building Code or other Collier County Regulations
pursuant to Fla. Stat. 604.50; and (2) that NGALA is not required to obtain a permit for
clearing related to NGALA's farming activities. Additionally, this determination will
provide both the County and NGALA with future certainty relating to NGALA's general
operations. A copy of section 604.50 of the Florida statutes is attached hereto as
Exhibit '"A.>i
I. Collier County Cannot Regulate Fanns
It is clear that Collier County cannot regulate farms and farming operations.
Specifically, the Florida Right to Farm Act1. explains that,
a local government may not adopt any ordinance,
regulation, rule, or policy to prohibit, restrict, regulate, or
otherwise limit an activity of a bona fide farm operation on
land classified as agricultural land pursuant to s. 193.461,
where such activity is regulated through implemented best-
management practices or interim measures developed by
the Department of Environmental Protection, the
Department of Agriculture and Consumer Services, or
water management districts and adopted under chapter 120
as part of a statewide or regional program. (emphasis
supplied). Fla. Stat. S 823.14 (6). A copy of section 823.14
of the Florida Statutes is attached hereto as Exhibit "8."
Similarly, Florida's Agricultural Lands and Practices Act also protects farms from
regulation by Collier County. Section 163.3162 (4) of the Florida Statutes specifically
provides that,
a county may not exercise any of its powers to adopt any
ordinance, resolu1ion, regulation, rule, or policy to prohibit,
restrict, regl.,llate, or otherwise limit an activity of a bona fide
farm operation on land classified as agricultural rand
pursuant to 3193.461, if such activity is regulateq through
implemented best management practices, interim
I
I
I
~
1 It is afso important to recall that the Florida Right to Farm Act specifically states asa (egisfative
finding that farming promotes and increases tourism in the state of Florida. It is difficult to
imagine how this could occur without facilities such as NGAlA Specifically, section 823.14 (2)
explains:
The Legislature finds that agricultural production is a major
contributor to the economy of the state; that agricuituraJ lands
constitute unique and irreplaceable resources of statewide
importance; that the continuation of agricultural activities
preserves the landscape and environmental resources of the
state, contributes to the increase of tourism, and furthers the
ewnomic self-sufficiency of the people of the state; and that the
encouragement. development improvements and preservation
of agriculture will result in a general benefit to the health and
welfare of the people of the state.
Pro!aw:61707
r
i.
.
Agenda Item No. 17 A
June 9, 2009
Page 75 of 272
Mr. Schmitt, Ms. Murray, Mr. Wright & Mr. Pettit:
November 21, 2006
Page 3
measures, or regulations developed by the Department of
Environmental Protection, the Department of Agriculture
and Consumer Services, or a water management district
and adopted under chapter 120 as part of a statewide or
regional program; or if such activity is expressly regulated
by the United States Department of Agriculture, the United
States Army Corps of Engineers, or the United States
Environmental Protection Agency. (emphasis supplied). A
copy of section 163.3162 is attqched hereto as Exhibit
"C. "
In reviewing these similar statues, it is clear that neither the Florida Right to
Farm Act, nor Florida's Agricur~urar Lands and Prac~ces Act permit Collier County to
regulate "a bona fide farm oReration. It Both the Agricultural Lands and Practices Act and
the Florida Right to Farm Act define a "farm operation" as:
(b) "Farm operation" means all conditions or activities
by the owner, lessee, agent, independent contractor, and
supplier which occur on a farm in connection with the
production of farm products and includes, but is not
limited to, the marketing of produce at roadside stands or
farm markets; the operation of machinery and irrigation
pumps; the generation of noise, odors; dust, and fumes;
ground qr aerial seeding and spraying; the application of
chemical fertilizers, conditioners, insecticides, pesticides,
and herbicides; and the employment and use of labor. Fla.
Stat. S 823.14 (3)(b). (emphasis supplied).
A "farm" is defined by the Florida Right to Farm Act and Florida's Agricultural
Lands and Practices Act as:
(a) "Farm" means the land, buildings, support facilities,
machinery, and other appurtenances used in the production
of farm or aquaculture products. Fla. Stat. s823.14 (3)(9)
The proper analysis to determine whether one is operating a farm operation as
defined by the Florida Statues is dependent upon whether or not the Individual or entity
is producing "farm products."
A "farm product" is defined by both the Florida Right to Farm Act and Florida's
Agricultural Lands and Practices Act as:
(c) "Farm product" J:Tleans any plant, as defined in s
581.011, or animal useful to humans and includes, but
is not limited to, any product derived therefrom. Fla.
Stat. s823.14 (3)(c).
Therefore, to determine whether one is exempt from Collier County's ordinances
and other regulations as set forth in the Florida Right to Farm Act and Florida's
Agricultural Practices Act, one must essentially deter,mine whether or not the individual
or entity in question is: (1) operating on land Cl~ssified as agrlpultural by the Collier
County Property Appraiser pursuant to Fla. stat. 3193.461; and (2) producing a plant,
animal, plant product or animal product that is useful to humans. If, in undertaking the
Prolaw:61707
Agenda Item No. 17A
June 9, 2009
Page 76 of 272
Mr. Schmitt, Ms. Murray, Mr. Wright & Mr. Pettit:
November 21,2006
Page 4
.':
aforementioned ana~ysis, it is determined that an individual or entity is producing a plant,
plant product, animal or animal product that is useful to humans on land that is classified
as agricultural pursuant to Fla. Stat. S193.461, Collier County cannot regulate such
activities.
In undertaking and applying thls analysis to any set of facts and circumstances, it
is crucial that the emphasis be placed on the definitions contained within the Florida
statutes relating to what precisely constitute "farm products," "farm operations," and
"farm{s)." It should not be the case that one's pre-conceived notions about what a
traditional family farm is and what a traditional family farm should do impact this
analysis.
H. NGALA is a Farm Operation and Produces Farm Products2
Prior to applying the aforementioned analysis to NGALA's operation, it is
important to understand what precisely NGALA is and wh(':!t it does on a daily basis.
NGALA's operations are located in eastern Collier County and have been ongoing at the
same location since 1989.
(a) NGAlA's Operations
NGALA stables. feeds, breeds and cares for approximately 70 animals that
would otherwise be without the quality care that is provided.s On a daily basis Mr. Smith
and his employees make certain that the animals are all properly exercised, fed and
cared for. On any given day, Mr. Smith can be seen conducting such activities as
feeding Dora the Tortoise,' exercising Zeus the Zebra, providing proper medication for
Lexus the Leopard or working to buHd a new facility to stable Sultan the Camel.
Attached hereto as Exhi.bit "0" is a list of all animals currently being. cared for by
NGALA. Attached hereto as Exhibit "EfJ is a copy of Mr. Smith's daily log titled, "A
Week In The Life of Donovan Smith,"
In addITion to the daily operation of the facmty, on'Qccasion NGAU\ hosts various
groups for meetings, educational and sodar functions. These events include numerous
events for local schoolchiidren. The events give children the opportunity to interact with
the animals, help train the animals and to hear NGAlA's positive message al;:>out making
a difference in the world. All events done for schoolchildren are done at little or n'o cost
to those attending.
In addition, NGALA also provides the location and animals for catered,
interactive events that occur at the facility_ These events appear'to be the cause for
concern by the County. Attached hereto as Exhibit "F" a're copies of pictures showing
a typical children's event and a typical corporate event, with adults participating in the
very same activities that the schoolchildren participate in when they come to visit the
property.
While no two events are the same, each private event follows a similar pattern:
2 NGALNClose-Up Creatures is comprised of several contiguous parcels' of land which also
include Mr. Smith's residence. Mr. Smith acknowledges that his residence is and wifl always be
subject to Collier County's BUilding Code. ..
3 This number does not include the over 3,000 fish that NGALA breeds on its property. In
addition to operating as a farm. NGALA is also certified bv the Florida DeDartment of Aauaculture
as an Aquaculture Facility. Attached hereto as Exhi,bit ."G" is a copy of NGALA's Aquaculture
Certification, a division of the Florida Department of Agriculture and Consumer Services.
Profaw:61707
i
I
Agenda Item No. 17 A
June 9,2009
Page 77 of 272
Mr. Schmitt, Ms. Murray, Mr. Wright & Mr. Pettit:
November 21, 2006
Page 5
. The event where guests pay to attend Oust like the free
events) provide a showcase fQr NGALA to display, exhibit and
train certain of its animals in an interactive environment where
guests are able to enjoy, help train and interact with the
animals that Mr. Smith and NGALA work to train each day.
The guests are afforded an opportunity to watch and possibly
interact with camels, zebras, giraffes and other animals.
. The events are catered by a licensed, off site caterer, who
prepares all food in accordance with the standards of the
Florida Department of Business and Professional Regulation.
. All guests arrive at the property via motor coach.
It is important to recognize that NGALA is, every day, creating its product, which
is its animals and their ability to work within the controlled environment of the interactive
events. NGALA's animals are useful not just to NGALA, Mr. Smith and the visitors who
come to NGALA, but also to the other animals at NGALA's property. For example, the
fact that NGALA can generate revenue by displaying Coulter the Giraffe at an interactive
event provides the funds necessary to care for other animals on the property that are not
yet ready to be displayed and othervvise would not have the attention and care that
NGALA provides them with. Furthermore, the events themselves, both those that are
attended by paying guests and those that are attended by schoolohildren serve as an
integral component of each animal's training, allowing the animals to continuously
acclimate to a controlled environment that includes human beings. N~ALA participates
in events not just on its property, but around the country, often times traveling with its
animals to provide the interactive experience. The training received by the animals at
onsite events is crucia~ to making sure that these an.imals will be comfortable arid
acclimated to the more hectic environment that is often found at off site events.
NGALA's typical paying event takes place over approximately 4 hours. NGALA
hosted guests at 30 paying events in 2005 and will have hosted approximateiy 35 paying
events this year as of December 31, 2006. These events are a small portiortbf
NGALA's business activities from a time standpoint, but thankfully provide sufficient
revenue to allow NGALA to properly care for its animals and farm. This is the magic of
NGALA-that a fann that does not pollute the environment in any way and is working
with!n its natural environment can make a profit. Indeed, NGALA is precisely the type of
non-traditional farming activity that the state of Florida and the USDA are promoting.
Attached hereto as Exhibit ('P' is an' article discussing the importance of non-traditional
farming in sustaining the farming as a vocation in the United states.. Of course,
NGALA's use of its property is also beneficial from a growth management standpoint, as
its impact on the County's roads, sewer, water and other infrastructure are minimal.
(b) NGALA's Operations are Farm Operations
As set forth above, for NGALA to be considered a farm, it must produce farm
products on land classified as agricultural pursuant to section 193.461 of'fhe Florida
Statutes. '
It is undisputed that the land upon which NGALA operates is classified as
agriculturaL .Attached hereto as Exhibit "J" is a copy of the Collier County Property
Appraiser's Report classifying the NGAlA property as agricultural. Further, it is
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Aaenda Item No. 17 A
~ June 9, 2009
Page 78 of 272
Mr. Schmitt, Ms. Murray, Mr. Wright & Mr. Pettit:
November 21, 2006
Page 6
undisputed that the operations are regulated by the United States Department of
Agriculture. Attached hereto as Exhibit "K" are copies of certificates indicating
continued regulation by the United States Department of AgrIculture over NGALA's
operations beginning in 1994. Finally, there is no question that any activity regulated by
the USDA is exempt from County regulation in accordance with Florida's Agricultural
Lands and Practices Act.
NGALA's operations produce farm and aquaculture products. The animals
themselves qualify as farm products in accordance' with section 823.14 of the Florida
Statutes which defines a farm product as, amongst other things, "any animal useful to
humans.u Specifically, NGALA seHs, breeds, raises, stables, cares for and trains
animals. NGALA sells certain of its animals and fish. NGALA also sells animal
(by)product as fertilizer. Additionally, NGALA's involvement of its animals in the
aforementioned interactive displays is itself a "farm product." It is useful to humans for
NGALA's animals to provide the experien~s that are part of a visit to NGALA. In
. addition to the wonderful experience, individuals gain an appreciation for their own
environment and learn the importance of living together with one's surroundings and
environment when interacting with NGALA's animals. FinaJJy, in addition to NGALA's
interactive display and training of animals being useful to NGALA's guests, they are,
without question, useful to Mr. Smith and all of NGALA's employees who make their
living working for NGALA
One concern raised at the October 27, 2006, meeting was why one of the
temporary structures present on the property (the "tenn should be exempt even jf the
operation as a whole is a farm. This inquiry is misdirected. The only issue to be
addressed is whether the operation as a whole is a farm. This is done by reviewing the
operations in total. There is no question that certain guests enjoy a great meal in the
tent. However, there is also no question that this same tent serves as a place to train
animals, a place to store equipment and a place to meet with the staff who work at the
farm. The premise that the tent exists apart from the farm and is not intimately involved
in th,e every day farm operations as set forth above is not accurate. The tent is just as
much a part of NGALA's farm operation a!? is the stable for the giraffe, the building that
houses the camel or the pond that houses the 3,000 exotic fish on the property. Further,
the tent is part of the "farm" because it is a building, support facility and appurtenance
used by NGALA in producing its farm and aquaculture products. See Fla. stat.
9823. 14(3)(a).
III. Conclusion
NGALA is a farm because it conducts farm operations on agricultural land. All
activitjes and operations that occur on the NGA!.A property are farm, operations because
they support the production of farm products. NGAl..A's farm products are its animais,
the display of its animals and tt1e sale of its animals. Therefore, pursuant to the Florida
Right to Farm Act and Florida's Agricultural Lands and Practices Act, Comer County
cannot regulate NGALA's farming operations which, ostensibly, include arl of its
commercial activities.
'lve hope that you find this letter and its enclosures useful. We are confident that
upon reviewing these materials and paying a visit to the property that you will agree that
NGALA ,js an asset to Collier County and operates a farming operation as defined by
both the Florida Right to Farm Act and Florida's AgriCultural practices Act. We look
Prolaw;61707
Agenda Item No, 17 A
June 9, 2009
Page 79 of 272
Mr. Schmitt, Ms. Murray, Mr. Wright & Mr. Pettit:
November 21, 2006
Page 7
forward to seeing some of you at the property on December 4, 2006, at 1 p.m., and
should you have any questions or require additional information in the interim, please do
not hesitate to contact either of us.
Very truly yours,
CKW/db
Enclosure
cc: Mr. Donovan Smith
Gary Hunter, Esquire
Richard D. Yovanovich, Esquire
P rolaw:61707
Agenda Item No. 17 A
June 9, 2009
Page 80 of 272
CU-2003-AR-372S REV: 4
NGALA
Project: 2002090086
Date: 5/27/07 DUE: 6/24/08
ATTACHMENT "c"
NGALA
Conditional Use Petition
Agri-Tourism Case Study
Agenda Item No. 17 A
June 9,2009
Page 81 of 272
Foreword
The Florida Center for Environmental Studies (CES) in partnership with a variety of
public and private entities, is facilitating the development of education and outreach
activities and opportunities for cooperative research through the Agro-ecology Program.
An important objective of the Agro-ecology Program is the development of field-based
management tools that emphasize the values of land stewardship and multiple use, which
benefit agriculture and natural systems. As Florida's population rapidly expands, the
state's land is being converted to urban and suburban landscapes. In addition to the
increase in land conversion, a growing population places greater demands on natural
systems and creates the potential for conflicts with agricultural land use. The continuing
pressures of population growth and land conversion present' the agricultural and the
environmental communities with common problems, but also enable potential
opportunities for cooperative endeavors.
1...
Agri-tourism is one of these endeavors that is gaining popularity. Little information is
available on agri-tourism in general, and even less is available on agri-tourism in the
State of Florida. For the purpose of the case study, agri-tourism is considered in a very
broad context as tours and events on agricultural lands that provide an awareness of the
synergy between the environment and production agriculture. Agri-tourism is being
developed and undertaken in a number of agricultural production systems including cattle
ranches, citrus groves, dairies, vegetable farms and timber operations. However. agri-
tourism is currently the most developed on ranches in the State of Florida. Therefore,
this case study focuses on agri-tourism on ranches and includes information on agri-
tourism enterprises in various stages of development. The case study does not provide a
comprehensive inventory of all of the ranches involved in agri-tourism. nor does it
address consumptive tourism opportunities.
The three goals oftbe case study are:
1. To identify agri-tourism's role in conservation and protection of agricultural lands,
diversification of income. education and public relations. and stewardship of natural
resources,
2. To provide information to public and private parties about agri-tourism opportunities
in the State of Florida, and,
3. To provide baseline information for further discussion and research on agri-tourism in
the State of Florida.
The case study is arranged to give the reader an overview of agri-tourism, an explanation
of the methods used, and a description of the individual ranches that participated in the
case study. 1be issues are then summarized and some recommendations are presented.
The Florida Center for Environmental Studies gratefully acknowledges the support of the
South Florida Water Management District for its help in the research and preparation of
this case stud y.
Agenda Item No. 17 A
June 9, 2009
Page 82 of 272
Ranches Included in the Agri-tourism Case Study
Ii' \ .."
11
Agenda Item No. 17 A
June 9, 2009
Page 83 of 272
_1"-"'0
Ranches Included in the Agri-tourism Case Study
-,'
."."
ii
Agenda Item Nq. 17 A
June 9, 2009
Page 84 of 272
Introduction
Concerns over the economic health of rural communities and loss of agricultural lands to
development have led the Federal government and many State governments to promote agri-
tourism as a way to revitalize rural America and strengthen agricultural sustainability (Moyer,
1987; USDA. 1989; Lane, 1994; Waldsmith, 1997; McDonald, 1998; Wolfshohl, 1998). Agri- ,
tourism places an emphasis on recreational and educational experiences on agricultunillands
(USDA, 1989). A number of recreational activities are considered agri-tourism: 1) consumptive
options include hunting and fIShing, and 2) non-consumptive options include farm visits and
tours, bird watching, hiking, horseback riding, camping, nature studies and photogra~hy (USDA,
1989). Tourism experts predict that the primaIJ:" growth in the tourism industry will be from eco-
tourism, and agri-tourism will be a part of that growth (Rymer, 1992; Leones, 1995). Benefits
from agri-tourism can be gained for both the agriculturalist and the public, including a rich
educational experience, diversification of income for the rancher, and the conservation of
agricultural lands.
The majority of Americans are removed'from their agricultural roots, and many are
interested in learning about and experiencing rural lifestyles (McDonald, 1998). Thi.. interaction
between the agriculturalist and the public provides the public a greater understanding of the
nature of agricultural produ(;tion (fv1cDonald, 1998; Jolly, 1999). This increased understanding
of agriculture empowers the public to make more informed choices about the foods they
purchase, and may increase their support of agricultural policy (Jolly, ,1999). The public also
obtains an appreciation for the interactions between the agriculturalist and the environment
(\Valdsmith, 1997).
seeking "yvays to stabilize 3...'ld diversify their incomes (Moyer, 1987; Lane, 1994). Agri-tourism
Agenda Item N~, 17 A
June 9, 2009
Page 85 of 272
"'~
agricultural lands are conducted on the vegetable and fruit farms in South Florida; however;
these tours are arranged and conducted by tour operators engaged in the tourism industry.
Finally. a number of cattle ranches have developed tourism activities on their properties that
have become a regular part of their income producing operations.
Because agri-tourism is well developed on cattle ranches, the case study is narrowed to
focus on tourism on ,ranch lands. Furthermore only those that have recreational activities that are
non-comumptive are included in this case study. Interviews were conducted with over twelve
agricultural operations, but only nine of those ranches are included in this case study based on an
internal screening process for the characteristics listed above. Interviews with ranchers and tour '
managers were conducted at the ranches and questions were asked regarding the history of the
ranch, the beginning of the agri-tourism venture, the tour and event operations, marketing
techniques, regulatory and zoning issues, and the demographics of the visitors. The information
is analyzed qualitatively to determine the nature of the agri-tourism operations on these raIiches,
and its contribution to income diversification and conservation of lands.
This information is presented so that other ranchers and other agricultural operations will
have baseline information on which they can begin, or expand their agri-tourism enterprises. It
also provides a forum for further research and discussion.
The Ranches
Each ranch offers its 0\w. unique agri-tourism opportunity (Table l). Additionally, each
of the ranches is situated in unique combinations of ecosystems. Each of the nine ranches is in a
different stage of development of their agri-tourism operations and a brief description follows.
Two ranches have not begun agri-tourism and are still in the planning stage, three began agri-
tourism operations in 1999, two have been operating for four years, and two have been in the
agri-tourism, business for over ten years. The complete interview for each of the ranches is
included as Appendix A
Pepper Ranch and Preserve has been used as a fishing camp, a vegetable farm and a
cattle ranch sinc~ the early 1900's. It is located in Collier County near Immokalee, Florida, and
Agenda Item No", 17 A
June 9, ~L009
Page 86 of 272
swamp buggy tours and its meeting facilities to the public (Table 1). Their initial foray into agri-
tourism is cautionary because the ranch managers do not want to invest heavily into a new
venture until they believe that there will be sufficient returns. E & D Ranch, has not fbund it
necessary to invest in improvements to the ranch property because an adequate infrastructure is
already in place (Table 2).
J. B. Starkey's Flatwoods Adventures is located on the, Anclote River' Ranch, in Pasc(f
County. The Anc10te River Ranch was started in the 1930's on 16,000 acres of pine flatwoods.
The ranch also has a large cypress swamp, wetlands and oak hammock. During the 1980's, the
Ranch's founder, Jay B. Starkey, Sr., sold 8,000 acres of the ranch to the Southwest Florida
Water Management District to help mitigate estate taxes. Another 4,000 acres were sold to the
Department of Transportation for a wetland mitigation project. More recently, 600 acres have
been dedicated for ahousing development project. The remaining 3,400 acres are under the'
control of J. B. Starkey; Jr., who is seeking ways to generate additional income. In addition to
income generation. Mr. Starkey is interested in preserving the remaining ranch land to educate
the public about the nature of a working cattle ranch. lB. Starkey's Flatwoods Adventures has
committed a large investment to the infrastructure of the tour operations including grading and
improving existing roads, building a gift shop and a 450-foot boardwalk. into the cypress swamp
(Table 2). Mr. Starkey made these improvements with personal investments. The tours began in
October of 1999, and they offer a swamp buggy tour through the various habitats on the ranch
(Table 1).
Forever Florida, a not-for-profit nature preserve, associated with the Crescel}t J Ranch,
is located in Osceola County. The two combined areas offer 4,220 acres of land that is now open
to the public for tours, hiking and camping. The native and improved pastures, as we~ as the
pine flatwoods, ~e hosts to highly diverse populations of wildlife and native plants. Dr. and
Mrs. William Broussard established Forever Florida in the early 1990's, as a memorial to their
son Allen, who died at an early age from complications of Hodgkin's Disease. Their vision and
dedication to the preservation of the land is guiding the formation of the operations at Forever
Agenda Item No, 17 A
June 9, 2009
Page 87 of 272
1960.8. This 720-acre ranch has great live oaks. improved pasture, pine flatwoods and riverine
habitat. The Ranch also maintains a herd (200) of Brahma and Hereford cattle. Peggy Green,
Ranch Manager, organizes and hosts events such as reunions, retreats. business meetings and
hayrides (Table 1). The ranch also offers a number of buildings for day events and over-night
stays, necessitating a few improvements to the ranch facilities (Table 2). The events have been
held on the ranch since 1981 and are the primary source of income for the ranch.
Babcock Wilderness Adventures opera~s the agri-tourism activities on the 90,000 acre
Crescent B Ranch located in Lee, Hardee and Collier Counties. The diverse ranch operations
include a cow/calf operation, sand and gravel mines. timber' operatlon, vegetable farm, alligator
farm, sod fann and extraction of saw pahnetto berries. The property is composed of pine
flatwoods, cypress swamp, riverine and wetlands. prairie. and improved pasture. Tour
operations began in 1989 as a profit-based venture due to suggesti~ns from family and guests
visiting the owners, the Babcock family. Operating for 10 years, Babcock Wilderness
J...
Adventures has grown over time with visitor demand and now offers seven visitor opportunities
at the Crescent B Ranch (Table 1). The agri-tours began with one buggy in 1988 and expanded
to a total of seven buggies after five years, the restaurant and gift shop were also added in the
fifth year of operations (Table 2). FInally, in 1999, guided bike tours were added as an
additional tour component. Improvements and additions were funded from the profits generated
from the agri-tourism operation.
Tour Operations
All of the ranches involved in agri-tourism had to obtain a county occupational license
which permits them to do business (Table 3). With each improvement to the ranch. permits'had
to be obtained from various State agencies. The Florida Fish and Wildlife Conservation
Commission (FFWCC) issues permits for displays of wild animals, such as bison, Texas
Cougars, alligators and venomous snakes. Restaurants and potable wat.er are permitted by The
Department of Health (DOH), and boardwalk construction is permit~ed by the Department of
Environmental Protection (DEP). The permitting process for each activity is not difficult, but it
Agenda Item N~. 17 A
June 9, 2009
Page 88 of 272
Table 2. Improvements made to the ranches for agri-tourism
Business Roads Trails Boardwalks B~~dings Restaurant Restroom
.. , '.
Ace of Hearts x x
Big Oaks
Ranch
Babcock x x x x
Wilderness
E&DRanch
Flatwoods x x x x
Adventures
Florida Ranch . x
Tours
Forever x x x x x
Florida
Table 3. Permits needed by ranches for the agri-tourism operations
Business Zoning jDEP FWWCC Occupational DOH Horse care
Issues License
Ace of Hearts x x
Big Oaks x x
Ranch
Babcock x x x x x
Wilderness
E &D Ranch x
Flatwoods x x x
Adventures
Florida Ranch x
Tours ,
.......---- . ~-=...~ I -. .. - -- --
I FU1CVer Flvuua I.
fA
IA
IA
IX
IX
Agenda Item NA. 17 A
June 9}2009
Page 89 of 272
Table 4. Staffing for the agri-tourism enterprises at each ranch
Business Managers Gui~es Reception/Office Maintenance .
"
Ace of Hearts Owners Owners, 2 hired Owner Owner
Big Oaks Ranch Owners Owner Owner Owner/Staff
Babcock Full-time' 5 hired 1 fflfed Hired staff
Wilderness
E &DRanch Part-time staff (2) Manager Staff .
mana2er
Flatwoods, ' . Full-time 5 hired 1 hired Staff
Adventures
Florida Ranch Full-tiine " ~anager 1 hired Staff
Tours
Forever Florida Full-time Owner/maliager 1 hired .. . Staff
1-
Table 5. Area covered by tour opportunities on each of the tours
Business Total Acres Acres on Tour Miles on tour
Ace of Hearts 25 25 NA
Big Oaks Ranch 720 700 NA
Babcock Wilderness' 90.000 1.000 7.5
E &DRanch 2.000 2,000 10
Flatwoods Adventures 2.300 2,300 5.5
Florida Ranch Tours 18.000 7,000 8 * (estimated)
Forever Florida 4.220 3,300 7
Longino Ranch 16.000 Not planned yet
Pepper Ranch 2,500 Not planned yet
Agenda Item NA- 17 A
June 9,'>2009
Page 90 of 272
Internet web pages have been developed by five of the ranches. which include
information on the ranch t<?urs; however. none of the ranches have set up a reservation system on
their Internet pages. Some partnerships have been formed that help as an advertising tool. such
as that develope~ between FIatwoods Adventures and Saddlebrook Resort. The resort is loca~ed
nearby and hosts business meetings and provides off-site activities for its guests; 1. B. Starkei s
Flatwoods Adventures is now one of their offerings. A number of the tour managers are very
active in their county's Convention and Visitors Bureau (CVB) and Tourist Development Bureau
(TDB). They regularly attend meetings and work on committees that help to build and advertise
tourism in their counties. These bureaus hope that a combined ad~ertismg cam.paig~ will d~aw
. ~ .. -.
tourists to the county. In addition to the county bureaUs, the State tourism agency Visit Florida,
has been charged with developing and advertising eco-tourism for the State. Members of Visit
Florida are given space in Visit Florida advertising campaigns that are directed both in state and
out-of-state.
No-cost advertising, such as newspaper and magazine articles, ha.:: been very helpful to
Babcock Wilderness Adventures and Florida Ranch Tours, Inc. Both of these ranches are also
, '.. ,
listed in ffiany of the tourist guidebooks that have been published. Finally, all ,of the tour
managers believe that word of mouth is one of the most effective marketing tools.
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Agenda Item NQ, 17 A
June 9-,72009
Page 92 of 272
traditional tourism industry (\Vight, 1996). Babcock Wilderness Adventures has experienced the
ebb and flow in the number of visitors to their operations over their ten years of agri-tourism
operations. When tour bus operators targeted Branson, Missour:i. Babcock Wilderness
Adventures found a reduction in their visitor numbers. Agri-tourism operators need to be aware
of the larger tourism trends and be able to respond to them through appropriate marketing
techniques. Additionally, only one of the ranches conducted a study to identify the
demographics of their visitors. If the other r~hes implemented programs to determine who
their visitors are, it could help them market specifically to that target audience. '
Ranches do not need to be large in size in order to host a successful agri-tourism
business. .. Although the Crescent B Ranch has 90,000 acres, Babcock Wilderness Adventures
conducts its tours on approximately 1,000 acres of land. The tour route is approximately 7.5
miles in length; and traverses the ranch in a loop. More important than size; is the diversity of
habitats that provide visitors with different wildlife viewing opportunities. Improvements to
ranch lands, such as boardwalks into swamps, provide access to additional habitats and wildlife
that visitors want to see.
As agri-tourism grows in popularity as a tour destination. more people will want to take
the various tours offered. There appears to be a growing opportunity for the ranches in Florida to
develop partnerships promoting package tours of the ranches. These tours would provide visitors
and opportunity to see different parts of Florida, and experience the diversity of environments
that make up the Florida landscape. Each of the ranches in this case study offers unique tours
and events, therefore they complement rather than compete with one another, lending themselves
to partrierships. These types of partnerships have been successful in drawing tourists to an area
in Texas, Iowa and Vermont (Lane, 1994: Long, 1997; McDonald and Holland, 1998).
Many of the ranch and tour managers expressed a desire to offer horseback riding. but
they were also concerned with liability issues. Florida Statute 1658 Section 91.1a protects the
owners and operators of equine industries from liability due to injuries from horseback riding.
All equine industries are required to post notices of this law and inform riders of the dangers
Agenda Item N~. 17 A
June ~, 2009
Page 93 of 272
what wildlife (and how many individuals) is seen on each tour, and then over time the rancher
can determine if wildlife viewing is remaining constant or if there have been changes. If a
change in numbers and frequency of wildlife viewing is detected, the agri-tourism operation can
place limits on the number of visitors, or they can add alternative routes for the tours.
This case study illustra,tes the many facets to agri-tourism, including the direct and
. '
, '
indirect benefits to ranchers and the public. As agri-tourism becomes more popular, and the
benefit to the existing ranches hosting agri-tourism enterprises becb:nies more evident, more
ranches will enter the venture. The information presented here should aid ranches in their
decisions regarding the advantages and disadvantages of agri-tourism, and many of the'tasks
necessary to make a successful agri-tourism business. At a future date, arlditional research
should be conducted on the agri-tourism operations in this case study that are just beginning agri-
tourism to determine if they have been successful, and the variables that contributed to their
successful agri-tourism operation.
Agenda Item No. 17 A
June 9, 2009
Page 94 of 272
Agri-tourism Survey
Business name:
Ace of Hearts Ranch
Owner (address)
Sandra and Dennis Bressler
7400 Bridal Path Lane
Cocoa. FL 32927
(407) 63'8-0104
Contact:
Sandra Bressler
Operation: Ho~back riding
AcreS on site: 25
Acres in production: 25
Acres on tour: 25
Habitat types on property: , Scrub
Habitat types on tour: Scrub, beach, improved pastures
Recreational activities offered: horseback riding, bird watching, gift shop, petting zoo, story
telling workshops '
, ' ,
HISTORy'OF THE RANCH:
The Ace of Heart, s Ranch was fanned in March of 1996 on 25 acres in Cocoa, Florida. The land
. ..,' .
was purchased specifically for the development of an equine business. Ace of Hearts Ralich
offers guided trail rides, pony parties, hay wagon rides, and riding lessons. They also host
weddings and offer astable for boarding horses. The Ace of Hearts Ranch is surrounded on two
sides by housing subdivisions, which existed before the ranch was purchased.
The owners, Sandra and Dennis Bressler, purchased the land shortly after they were married.
Mr. Bressler was an engineer involved in space missions with NASA. and Mrs. Bressler was an
elementary school teacher and child development specialist. The Bresslers' philosophy 'behind
the business is to encourage people to take time away from the hurried urban setting and to
experience nature. The business was a lifestyle decision to live closer to nature and to be fully
dedicated to the care and raising of horses. The Bresslers are dedicated to operating a quality
stable where the well being of the horses is of primary concern..
INITIA TION OF AGRI- TOURISM:
Initial planning of the ranch began in November of 1995 with a search for appropriate land. lne
land was purchased in March of 1996, and constn.!ction of the buildings was mitiated shortly
there after. Trails were cut through the ranch for the trail rides, fences were erected around
exercise areas, a petting zoo enclosure was constructed and additional animals (goats, chickens)
were purchased. The Bresslers' began to buy horses for the stable during this time, which were
boarded elsewhere. Financial backing came from personal i.Tlvestments, and no barJ:: loans or
21
Agenda Item No. 17 A
June 9, 2009
Page 95 of 272
MARKETING:
The Ace of Hearts Ranch focuses its marketing efforts on the local residents as their primary
base of economic support. Parents of children wanting to take riding lessons are sent fiyers about
the programs available, and advertisements are placed in magazines for parents. Coupons for
pony parties and trail rides are included in a mass coupon-mailing program. The ranch has a '.
brochure that is available at the local hotels and motels, arid the ranch has used airplane' banners,
TV and radio spots to advertise. In addition to these direct marketing approaches, the Bresslers
have T-shirts and hats with the Ace of Hearts Ranch logo that they wear at public events, and
they have magnets on their cars and trucks with the ranch logo and phone number.
Sandra Bressler is very active in the area's convention and visitors bureaus and the chamber of
commerce including those in the following locations: Cocoa. Cocoa Beach, Titusville,
Melbourne, and Orlando; She is also active on the Brevard County Tour Development Council
and the Sales and Action Team. . Mrs. Bressler has also formatted her brochure for the Ace of '
Hearts Ranch to include information on other ecotourism attractions in the region, and those
attractions also promote her ranch. All of the combined marketing effortS have been successful,
and the Ranch devotes approximately twenty percent of their budget to marketing.
LIABD..ITY AND RISK MANAGEMENT:
",!-,
The Ranch has insurance specifically designed for the equine industry, and eacb activity has a
specified premium (trail rides, lessons, hay rides, transportation of the horses, etc.). State law
requires this insurance; however, the State of Florida also has a Jaw that protects
owners/operators of equine facilities from civil suits due to injuries. All visitors that ride the
horses must sign a waiver acknowledging that they understand the risks associated with horses
and release the ranch from liability if injuries do occur.
Visitors are not allowed to ride the horses without a guide, and access to the stables is strictly
controlled. While there is no formal safety program in place" all visitors are given safety
instructions before the horses are mounted. One of the employees at the ranch is a nurse, and
others are certified in CPR aIid First Aid.
ECONOMICS:
The Ace of Hearts Ranch is in the equine business and therefore their entire income is based on
these activities. A large financial commitment was made initially to begin the business with
monies dedicated to building the stables and purchasing the horses. The gift shop is not an
important source of income at the present time, but there are tentative plans to expand. it.
REGULATION:
A county horse care license was required at the beginning of the operations as well as a county
operational license. Permits for trail rides at Cape Canaveral National Seashore must be
obtained before each ride. The land was zoned for rural development but when the Bresslers
23,
Agenda Item No. 17 A
June 9, 2009
Page 96 of 272
Agri-tourism Survey
Business name: Florida Ranch Tours, Inc. on Adams Ranch Inc.
P.O~ Box 12912
Ft. Pierce, FL 34979
(561) 467-2001
www.flranchtours.com
Contact:
Mark Harrison, President
Operation: Citrus, cattle, livestock
Acres on site: 18,000 Acres in production: 18,000 Acres on tour: 7,000
g miles (estimated)
I '
I Habitat types on property: Improved p~ture, oak hammock, pine flatwoods, wetlands '
Habitat types on tour: Improved pasture, oak hammock, pine flatwoods.
Recreational activities offered: buggy tours, hunting, bird watching, photography, barbeques,
business meetings, gift shop
HISTORY OF THE RANCH:
Adams Ranch Inc. is a privately held corporation, operating a 50,000 acre cattle and citrus ranch
on three properties in Florida The main headquarters is located approximately 15 miles from Ft.
Pierce in St. Lucie County, another property is located south of Lake Marian in OceoIa County, .
and the third and smallest property is located in Ok.eechobee County. Ranch operations began in
1937, when Alto Adams Sr. purchased land in St. Lucie County and additiona11and was
purchased from 1948 to 1963. The Ranch was incorporated in 1963 in order to ensure family'
management and protection from inheritance taxes. Alto, 'Bud' Adams Jr. is the current CEO of
the business, and stock holders are primarily family members with a few non-family members
holding stock as a bonus for long-term employment on the Ranch.
Formal tours began on the ranch property in St. Lucie County on 18,000 acres in 1996. In that
same year Florida Ranch Tours Inc. was incorporated as the tour operations side of the business
with Adams Ranch Inc. as the major shareholder. Mark Harrison is the President of the
corporation and the other,full-time employee is Tammy Harrison, sister-in-law of Mark Harrison.
Mr. Harrison is the grandson of Alto Adams Sr. Mr. Harrison's educational background is in
fmance and real estate, and has worked in land development projects in South Florida. He
continues to operate as a real estate agent, but devotes most of his time to the Florida Ranch
Tours Inc. and its operations.
Adams Ranch Inc. developed the Braford cattle by crossing Brahman bulls with Hereford cows
to establish a hardy breed that can tolerate the heat of Florida, while producing quality beef.
More than seven thousand calves are produced aIJ11ually and each year a large auction is held to
25
Agenda Item No. 17 A
June 9, 2009
Page 97 of 272
pastures and hammocks and then back to the ranch headquarters. The bus anives at holding pens
used for auctions which has a small gift shop attached. The tour lasts approximately 2 ~"2 hours.
Tours are available throughout the year but are by reservation only. Mr. Harrison serves as the
tour guide, driving the bus and narrating the tour. The maximum number of people per tour is
34, and during the peak season, Florida Ranch Taurs Inc. averages 30 ta 40 toms. Taurs have
grawn. aver the years, in 1996, 1200 visitars toak the tour;:in 1997, the tour was given ta 5,700
peaple; and in 1998, 8,700 people toak the taUf. Flarida Ranch Taurs Inc. is anticipating
between nine and ten thousand visiters in 1999. Flerida Ranch Teurs Inc. has grown te include
feur swamp buggies to run the tours.
The cDst'efth~ tour depends on the number afpeDp1e in a grDUP, and whether ~ bart>que is
included. The price far a tour amibar1:lque for an adult is $30.00, fOf children it is $25.00. For
graups of 20 'Or mare, the cost is $28.00 per persDn and fer groups of 30 or more, the price is
$25.00 per peI:sen. School groups are charged $5.00 per person for the tour, and the children
bring their own lunches.
There has been no formal survey of visit 'Or demographics. However, Mr. Harrison estlmates that
most 'Of the visitors are IDcally based, and include schoel groups, students studying the
environment, Auduban Chapters, and motor coach 'Operators (condaminium associatians, church
groups, travei Clubs).
L._
Harida Ranch Tours Inc. has an affiliation with Disney resarts at Vera Beac~ but they make up
a small percentage of the tours (3%), and have their own tour guides and bus. Florida RAnch
Taurs Inc. is alsa associated with Harbor Branch Oceanographic Institute, the Gumbo Limbo
Nature Center, and Bok Tower.
Na land has been taken aut of agricultural productian for the tour operatians. Florida Ranch
Tours Inc. is committed to supporting the local community and purchases all of its gaads for the
barbque at local establishments.
IMPACTS:
No farmal review 'Of impacts on the Ranch, the community, or ranch life is in place. However,
visitors are nat allowed ta walk freely through the Ranch and are kept on the bus for the tour.
The only area visitors are allowed to walk around is the picnic area. Florida Ranch Tours Inc.
believes that there are negligible impacts on the Ranch's natural resource base.
MARKETING:
Florida Ranch Taurs Inc. uses a variety of media for advertising, including newspapers,
magazines, Internet, brochures and word of mouth. Marketing comprises approximately four
percent of Florida Ranch Taurs .Inc. ' s expenditures. Additionally Florida Ranch Tours Inc. does
direct mail to motor coach operators and provides discounts to tour operators. Word of inouth
appears to be the most successful marketing tool
27
Agenda Item No. 17 A
June 9, 2009
Page 98 of 272
Agri-tourism Survey
Business name: Babcock Wilderness Adventures on Crescent BRanch
8000 SR 31
Punta Gorda, FL 33982
1-800-500~ 5583
www.babcoc1...Wildemess.com
Contact:
Steve Tutko, Tour Director
Operation: Cattle. vegetable farm, horse breeding, sod farm, timber, mining, hunting,
Saw Palmetto berry harvest, alligator ranch, eco-tourism
Acres on site: 90,000,.: Acres in production: 80,000' AcresIMiles on tour: 1000 acres
7 inile loop
Habitat types on property: Scrub, swamp, improved pasture, pine flatwoods, marsh, prairie,
and native pasture
Habitat types on tour: Scrub, swamp, improved pasture, pine flatwoods,
Recreational activities offered: buggy tours; hunting, bird watching, photography, business
meetings, museum, gift shop, bike tours .
msTORY OF THE RANCH:
Tne Crescent B Ranch, located 'in Lee and Charlotte Counties, covers 90,000 acres in Southwest
Florida. Mr. Edward Vose Babcock purchased the ranch in 1914 as part of the timber operations
of the Babcock Florida Company. The Ranch originally comprised 156,000 acres, 65,000 acres
were sold to the State in the 1940's and is now the BabcockIWebb Wildlife Management Area.
During its early history, the Ranch headquarters was located in the town of Rouxville, a historical
ranch town, which no longer exists. A railroad line was constructed on the Ranch to provide
shipping capabilities for the logging operations. Few remnants of the railroad remain on the
Ranch today, and the buildings of Rouxville have been removed. However, the Ranch
commissary is still standing and is still used as office space. Through the years, the Ranch
diversified its operations and timber is no longer the most important commodity. Multiple use
operations include running thousands of cattle on improved pasture, a sod farm, an' alligator fann,
honey production, quarter horse breeding, and leases land to vegetable growers. The Ranch also
mines sand; gravel and base rock; arid offers hunting leases on 15,000 acres of the ranch. Babcock
Ranch also inaintains a herd of American Bison and four Texas Cougars.
-
The Ranch is currently owned by four of the Babcock daughters and their spouses. The Crescent.
29
Agenda Item No. 17A
June 9, 2009
Page 99 of 272
hope that the tourists gain a better appreciation for the "Real Florida" as a result of viewing
sustainable cattle operations that are managed in environmental harmony with the wildlife.
The buggy tour begins at the visitors' center and passes immediately to the bison pasture. The
buggy tour runs on established roads and trails through improved pastures, pine woods and the
cypress swamp. The exception is the entrance and exit to the swamp, which were created
especially for the tour operations. The tour lasts 90 minutes and covers approximately 7 miles of
roads and trails.
Tours oper~e year round; but the scbedule and number of visitors vary seasonally. During the
summer months, three tours are scheduled during the' morning; in the 'winter, four tours are
scheduled each day. Reservations are. required in order to take a tour, but Babcock Wildeniess
Adventures allows a limited number of walk-ons. Many of the walk-ons have heard about the
tours but ,do not have any information about how to take one, so they visit the RanCh hopmg to
take a tour. .
1
\'
Babcock Wlld~rness Adventures estimates that 40,000 visitors take the tour each year (as of
1999). The s~mmer,months are the slowest. and in the peak season of January through Iviay. 400
people will take the tour per day. The price. of the tour is $17.95 for adults and $9.95 for
children. A yearly pass is available for $36.00 and entitles visitors to dally buggy rides if desired.
Guided off-road bike tours were added to the operations in February of 1999 and are increasing in
popularity. The bike tours are scheduled between 9;00 a.m. and 1:00 p.rn.. and laSt for three hours
on a similar route as the buggy tours. Babcock Wilderness Adventures supplies the bike, helmet,
trail mix and pottIed water. The price of a bike toUr is $35.00 for adults and $30.00 for children.
aged 10 to 14. The bike tours are most popular with senior citizens. many of whom had taken the
buggy tour and then wanted a more hands;"on experience on the Ranch.
Babcock Wilderness Adventures does not have a formal survey system to identify its visitors, but
Steve Tutko estimates that the largest number of vi<;itors are school children, and tourists from
Germany, Canada and England. Additionally, the majority of the visitors are senior citizens and
families. Mr.. Tutko, has noticed a dramatic shift in the visitor base over the past five years. Three
years ago, the resorts at Branson, Missouri, became very popular and bus tour operators offered
that as one of their primary destinations. This switch in destinations dramatically affected the
number of visitors to Babcock Wilderness Adventures. The highest number of visitors occurred
from 1994 to 1996, and visitor numbers decreased in 1997 and 1998. In addition to the resorts in
Branson, Missouri, the Canadian dollar has been very weak compared to U.S. dollat, which
directly affected the number of Canadians visiting the United States. Visitor nUinbers are
increasing again in 1999.
IMPACTS:
No formal program exists to evaluate environmental impacts to the Ranch's natural resource base.
Howev,er, the Crescent B Ranch is exemplified as a model operation by many of the State
31
Agenda Item No. 17 A
June 9, 2009
Page 100 of 272
REGULATION:
There have been no issues with zoning, however a number of permits had to be obtained. The
Florida Fish and Wildlife Conservation Commission (FFWCC) requires a permit for the exhibition
of wildlife for the caged Texas Cougars, and a permit for the dispiay of venomous reptjIes on the
tour route. In addition to FFWCC, the U.S. Department of Agriculture issued a permit under the
Animal Welfare Act for the display of the bison and the cougars. Additional permits include an
occupational license for the business operation, a Department of Business and Professional
Regulation permit to operate a business, construction permits were required for the restaunint and
gift shop, and a Department of Environmental Protection permit for the constructiqn of the
boardwalk. The Department 'of Health permitS the restaUrailt~ water and septic system Mr.
Tutko also has a restaurant manager license.
SELF EVALUATION:
Visitors are surveyed randomly for their evaluation of the tour operatio'ni. Comments are
overwbelmingly positive. Negative comments have come from the visito~s' ~~onception ab()ut
a working cattle ranch, and from some visitors who expected a zoo atIriosph6re.' ' '.
The rese~atiori system h':lS been difficult to operate. ,The s}'~teD,1 work$ adequately but is time.
consuming and labor intensive, as each visitor is given persoD.a1attention and qetails.on possib}e."
tour dates and times. The ably exp~i6n or change tei the tour operations h~been the addition .
of tb,e b~ tours. " No :,additional changes are. anticipated. .
Mr. Tutko's adviSes others who' would initi~te thiS type of tourism operation that the ,operator
must realize it is a labor intensive operation, and appropriate staff must be hired. Additionally,
each site or operation should highlight his or her special resources, no one model:will fit all agri-
tourism operations.
33
Agenda Item No. 17 A
June 9, 2009
Page 101 of 272
AGRI-TOURISM OPERATIONS:
Peggy Green is in charge of all of the tour/event operations. The Ranch serves as resort and
retreat area with overnight facilities and camping areas. It also offers hay rides, hikingt birding,
photography and fishing opportunities. The Ranch serves as a private and safe location for
family reunionst weddings, company picnics and other events. Food is not provided but can be
purchased through the Ranch,at a local catering business.
The "Log House" ~rves as the center of the ranch events, complete with five bedrooms, a livirig
room and full kitchen. The "Cracker House" is a popular spot for weddings. as it sits ~der a
200-year-old live oak tree. The ranch facilities are generally booked on the weekends, but are
often available during the weekdays;
Educational programs have been developed for visitors that iri.clude information on health and
nutrition; for example, visitors learn about the saw palmetto's use in the treatment 'of prostate
cancer., Educational resources include a fact sheet developed by The Florida Beef Council
'There's a cow in my marshmallow", which is discussed with school groups. It proVides
inforniation on cattle operations in Florida and how cattle are used in food arid non:~food
production.
Most of the viSitors to the Ranch are local residents from the Orlando metropolitan area. ' Blg
Oaks Ranch has an association with Ace of Hearts Ranch located in Cocoa, who arranges
horseback riding ~urs and cattle roundups at Big Oaks Ranch.
IMPACTS:
The limited use of the working ranch during events has created little impact on the ranch
operations.
MARKETING:
Personal references have been the most successful marketing tool Brochures and web pages
have general information on ranch facilities. However, due to difficulties with Seminole County
zoning requirements, the Ranch has not been able to advertise widely. Once these difficulties are
settled, the Ranch will begin advertising on a broader basis. Newspaper articles have boosted the
Ranch's visibility in the Orlando area, and have generated visitor interest. Additionally,
Seminole County is interested in promoting its tourists attractions in the domestic and
international market. The county has published a brochure "Wild About Seminole County"
which lists Big Oaks Ranch as one of the destinations.
LIABILITY AND RISK MANAGEMENT:
The Ranch has an umbrella policy that covers the events and activities on their facilities. Access
to the Ranch is carefully monitored, and visitors must make a reservation for all activities on the
Ranch.
35
Agenda Item No. 17 A
June 9, 2009
Page 102 of 272
Agri-tourism Survey
Business name: E & D Ranch, ll...P
9584 NE Williams Avenue
Arcadia, FL 34266
(863) 494-1108
Contact:
Kathy Browning, Director of Operations
Opemtion: Citrus, cattle, livestock
Acres on site: .2000 Acres in production: 1000 Acres on tour: 2000, 10 miles
Habitat types on property: Swamp, wetland, riverine, improved pasture, pine and scrub
Habitat types on tour: Swamp, improved pasture, pine and scrub, riverine
Recreational activities offered: buggy tours, bird watching" photography, turkey huntmg,
meeting facilities
HISTORY OF THE RANCH:
..
E & D Ranc:h covers approximately 2,000 acres with a 3 Y2 mile stretch along the Peace River in
DeSoto County.., Edward and Darlene Lowe purchased ,the Ranch in 1988 arid used it as their
main residence, as well as a retreat center for their Michigan-based company; Edward Lowe,
inventor, of Kitty Litter@, was the founder and CEO of Edward Lowe Industries, Inc. until his
death in 1995. Although the property was owned by Edward and Darlene Lowe,' it was leased to '
Edward Lowe Industries Inc. until 1998. Mrs. Lowe continues to have her main residence in the
center of the property, but the remainder of the Ranch was deeded to E & D Ranch, LLP. This
limited partnership was formed between Darlene Lowe and her children with the primary
mission to operate a working cattle ranch that is profitable.
Four hundred and fifty acres are devoted to citrus, three hundred and fifty acres are in pasture,
and the Ranch runs more than 200 head of cattle. A small herd (10) of registered Texas
Longhorn cattle is kept, and a small number of horses are used in ranch operations.
At the center of the ranch is a guest complex with five guest rooms and a meeting area where
business meetings and retreats are held. This area also includes a skating track, a walking pool
and gardens. There are numerous sculpture gardens on the Ranch and a "Bridge to Nowhere."
Since 1994, guests ofthe Ranch have taken informal tours of the ranch oiL a swamp buggy.
Guests commented that the tour was the best part of their Florida vacation and suggested that the
Ranch offer tours 2,t: a pa..rt of their regular busLlless.
INITITA TION OF AGRI- TOURISM:
E & D Ranch, LLP, now operating as a separate business, is investigating the possibility of
37
Agenda Item No. 17 A
June 9, 2009
Page 103 of 272
LIABILITY AND RISK l\fANAGEMENT:
E & D Ranch carries an umbrella insurance policy that covers the tour operations.. Access to the
tour will be at the Oasis and will be strictly controlled.
ECONOMICS:
E & D Ranch hopes that the tours will offer economic diversification to their operations. Tours
are scheduled to begin in November 1999, as the tourist season begins.
REGULATION:
A county occupational license has been obtained. The Ranch does not face any zoning issues, as
the land is zoned for agricultural use.
SELF EVALUATION:
I E & D Ranch is developing a plan for visitor suggestions.
}
L
39
Agenda Item No. 17 A
June 9, 2009
Page 104 of 272
The Flatwoods Adventure tours are modeled after the agri-tours at Babock Wilderness
Adventures; . Mr. Starkey hired Scott McWilliams Marketing services, Inc. to conduct a market
survey, which found three markets for the tours in Pasco County: 1.) Local retirees, 2.) Visiting
tourists, and 3.) Organizations such as schools, church, and clubs. The survey also estimated that
the tour operations would become profitable in three years, due to the initial investments made in
improving access to the ranch lands and construction. The ranch roads were graded and asphalt
~gs were laid in area~ where the road was rough. An old school bus was purchased and
refurbished for the tour operations. A 450-foot boardwalk was constructed through a cypresS
swamp, and a building was constructed that contains a gift shop and the tour offices. The
improvements were made with personal investments and a small bank loan for the gift
shop/office construction. None of the ranch land was taken out of production for the tour
operations.
Mr. Starkey also hired Rhonda Robinson to be the General Manager of J. B. Starkey's Flatwoods
Adventures. Ms. Robinson had been involved in the market research project and was interested
in taking on the development of the new business. She has an extensive background in
agricultural research, hospitality management and marketing research. Mr. Starkey initially
designed the tour route, and Ms. Robinson then finished and polished the tour.' Five part-time
guides were hired and were trained extensively on the family and Ranch history, the ecosystems
on the tour and the hands-on demonstrations... A training manual was developed and contains fact
sheets on plants, birds, and ranch operations. J. B. Starkey's Flatwoods Adventures also eillisted
botanists to identify and mark plants at the gift shop and the boardwalk. A few tours were given
in the Spring of 1999, but the official opening of 1. B. Starkey's Flatwoods Adventures was in
October 1999.
AGRI- TOURISM OPERATIONS:
The scripted but conversational tour begins at the gift shop, which is also located at the ranch
headquarters. The tour bus runs along the service roads, [lIst through the pine flatwoods and saw
pahnettos. With a palmetto frond in hand, the tour guide talks about the historical and current
uses of the saw palmetto, which got its name from the teeth on its leaves and stems. The tour
continues through an improved pasture, a history of the Ranch and cattle operations are offered
along with information on native plants and wildlife. The tour continues through live oaks and
stops at the cypress swamp. The visitors step out of the bus and walk on the 450-foot long
boardwalk into the swamp. Two alligators caves are located along the board walk and serve as
stopping points where more information is given on alligators and other wildlife 'on the Ranch.
The visitors board the bus once again and make a stop at a pond where Angus the alligator is
penned. The Cracker cattle are shown to provide an historical aspect to the Florida's cattle
business. The tour lasts approximately 90 minutes and covers approximately 5.5 miles of road.
Rhonda Robinson manages the daily operations of J. B. Starkey's Flatwoods Adventures.
Reservations are needed in order to take a tour, and the converted bus can take 36 adults or 54
children on each tOUf. As of November 1999, J. B. Starkey's FlatwoodsAdventures had booked
an average of two tours per week for the months of October, November and December. It is
expected thai the number of tours will increase during the tourist season in Central West Florida;
and increased public awareness. The tours range in price from $14.75 for an individual adult to
4]
Agenda Item No. 17 A
June 9, 2009
Page 105 of 272
ECONOMICS:
The tour operations are a part of Mr. Starkey's initiative to diversify the Ranch's operations and
to make it more profitable. If the tour operation is successful, it will be the priniary income
generating mechanism, and will allow the Ranch to sustain itself rather than be sold for
development However, the tours have just begun, and it is too soon for J. B. Starkey's
Flatwoods Adventures to estimate the income generated from the tours.
REGULATION:
1. B. Starkey's Flatwoods Adventures did not face any zoning issues, but they did have to obtairi
a number of permits. Construction permits were required for the gift shop and the construction
of the building meets all handicap access codes. A ~rmit' from the Department'of Health (DOH) ,
had to be obtained for the water in the restrooms. The water comes from a well that has been in
use on the Ranch for 60 years, but as part of the DOH permit, J. B. Starkey's Flatwoods
Adventures is now required to chlorinate the water because it is being used by the public. 'Ill.e
penned alligators were obtained from a alligator farm in S1. Augustine, and a permit from the
Florida Fish and Wildlife Conservation Commission (FFWCC) was' obtairied to eXlrlbit\vildlife. ,
The boardwalk into the cypress swamp was constmcted to meet the specifications in a
Del?,artment of Environmental Protection (DEP) permit.., . '
SELF EVALUATION:
..:1'
J. B. Starkey's Flatwoods Adventures plans on visitor evaluations beginning in 2000. Mr.
Starkey is investigating the possibilities of hosting events and creating over night facilities.
Advise offered by Mr. Starkey and Ms. Robinson includes the necessity for patience while
I
obtaining all of the permits nee~ed for the operation, and a willingness to invest the money
needed to start the tour operations. Staff needs to be well tramed and enjoy working with people,
and lastly, they both say 'Make it fun'. .
43
Agenda Item No. 17 A
June 9, 2009
Page 106 of 272
operation in the early 1900's. The land was then left to recover with no development and now
hosts a nature preserve. In order for the ranch and preserve to be toured, a number of
improvements were made. Construction activities include the development of a visitor's
entrance and parking lot, and construction of a pole barn that serves as a picnic area, an office,
barns for horses and mules, and a petting zoo. A visitor's center is currently under construction
and will host a restaurant and gift shop and an interpretive center where films of Forever Florida
will be shown. Two boardwalks into cypress swamps were completed and the roads that were
used in, the turpentine and logging operations have been renovated for use.
Art Owens was hired as the General Manager in 1997, and has overseen the development of the
operations. There are three buggies that allow an elevated view of the landscape and hold 30
people each, Two covered wagons and a chuck :wagon are pulled by a set of mules or Belgian
horse team completes the vehicles at Forever Florida. A stable of 60 quarter horses is kept for
trail rides and 6 miniature horses and ponies are available for small children.
;
Signs. brochures, flyers and an Interp.et web page have been developed to advertise Forever
Florida. The funds for the development of Forever Florida come from personal investments
made by the Broussards' ~.. and a couple of small grants including one from the Boy Scouts for
development of a permanent Boy Scout camp on the property. A number of partnerships have
been developed that will help Forever Florida maintain and inventory the resources on the
property including The Nature Conservancy, The Audubon Society, The Sierra Club and the
Florida Native Plant Society.
AGRI- TOURISM OPERATIONS:
"
Buggy tours are offered through tour operators or by appointment, and leave from the visitor
center and begin to wind through Forever Florida and the Crescent J Ranch. The tours are
unscripted and are lead by Mr. Owens or Dr. Broussard. The Cracker cattle and horses are seen
immediately and their history and origin, dating from tbe landing of Ponce De Leon in 1521 is
described. The existing roads are used for the buggy tour and take the visitors through improved
pastures, and along sloughs that support a healthy population of alligators and wading birds. Tne
tour route includes both Forever Florida and Crescent J Ranch, with 10 percent of the tour on the
Crescent J Ranch property. The pine ftatwoods are crossed and the tour includes information on
land use of the area and stops at a turpentine collection point, which illustrates the preserve's
history. Visitors experience a cypress swamp fIrst hand on the boardwalk into the swamp. The
ranch operations are also described during the tour through Crescent J Ranch. Tours cost $28.00
for adults and $18.00 for children aged fIve to twelve.
Guided horseback riding tours also use the existing roads and allow the visitor to experience
Forever Florida and Crescent J Ranch in a more intimate setting. The tours range from one hour
to three hours and are priced accordingly at $35.00, $48.00 and $59.00. In addition to the short
trail rides, Forever Florida hosts overnight rides where visitors are, provided with a barbeque and
bed down under the stars. Chickee hui and barbeque pits have been built for the overnight trail
rides. Horses from outside Forever Florida and Crescent J Ranch must be certified as disease-
free; otherwise, they are not permitted on the land due to the potential spread of Coggin's disease
to the ranch horses. Horse or mule drawn covered wagon rides are offered on a shorter version
45
Agenda Item No. 17 A
June 9, 2009
Page 107 of 272
Mr. Owens is working closely with a number of tour operators to promote Forever Florida as one
of the Orlando area attractions. Additionally, The Nature Conservancy's Disney Wilderness
Preserve is a partner that helps to promote the preserve.
LIABll...ITY AND RISK MANAGEMENT:
An umbrella policy is held for both Forever Florida and Crescent I Ranch, which covers any
potential damages. Forever Florida also is ensured for the equine activities. They ha.ve posted
the requisite signs informing visitors of the dangers of horseback riding and the limited liability
of the ranch under Florida statues. All visitors who choose to ride horses are asked to sign
liability release forms.
ECONOMICS:
The tour operations are expected to provide support for Forever Florida, as a self-sustaining
nature preserve. It is too early in the tour operations to make an estimate of the income generated
from the tour operations.
REGULATION:
Zoning has not been an issue with the Forever Florida or Crescent J Ranch land. The visitor's' ,
center has been rezoned for professional use. Pennits were obtained for the construction of the
on-site buildings. Additionally, an occupational license was obtained and the restaurant will be
permitted under the Florida Department of Health. ,The boardwalks into the cypress swamps
were constructed in accordance with a permit issued by the Department of Environinental
Protection. Department of Environmental Protection along with Osceola County and the'St.
John's Water Management District permitted the potable water system and septic system.
SELF EV ALVA TION:
Mr. Owen's advises that anyone undertaking such an operation needs to have aclear vision and
direction for the enterprise. Individuals who are qualified in marketing and management should
be hired, and they must be committed to the mission of the operation and willing to work extra
hours. Fmally, Mr. Owen's advises that undertaking similar to Forever Florida require a great
deal of money.
47
Agenda Item No. 17 A
June 9, 2009
Page 108 of 272
corporate retreats. Mr. Longino would also like to develop educational displays that
highlight the history of the Ranch and the area, including a display that details the past
turpentine operations, the Caloosa Indian mound. Ranch tours would include information
on ranching practices in Florida, conservation, and stewardship.
The Ranch boosts bealthy populations of deer, wild bogs, wild turkey, bobcat, alligators
and wading birds. The Ranch is also located in close proximity to the West Coast of
Florida and the urban populations of Tampa and Ft. Myers. These areas may yield the
most visitors. Additionally, the town of nearby Arcadia bas undergone conSiderable
revitalization and could serve as a second attniction for visitors.
IMPACTS:
No negative impacts from agri-tourism are anticipated.
MARKETlNG:
No marketing is underway, but Mr. Longino is investigating the possibilities of
partnerships with other tourist attractions in Southwest Florida.
LIABILITY AND RISK MANAGEMENT:
An umbrella policy is held by Longino Ranch, Inc. and would cover the agri-tourism
, operations. Tours and access to the ranch will be. strictly controlled.
Ec:ONOMICS:
The agri-tourism operations are intended to diversify the ranch's income and provide
stability to its income.
REGULA TION:
Zoning is not an issue. Permits will be obtained for the construction of the on-site
buildings, and a county occupational license will be needed.
SELF EVALUATION:
Longino Ranch, Inc. is hoping that there is a model format that it can use to initiate its
agri-tou~ operations. Mr. Longino has spoken with other agri-tourism enterprises to
get information on start-up costs, labor, and infrastructure needs.
49
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Agenda Item No. 17 A
June 9, 2009
Page 109 of 272
AGRI-TOURISM OPERATIONS:
The current facilities on the Pepper Ranch and Preserve include a pole barn that is used for
barbeques, a four-bedroom house that is used for meetings and overnight visits, a canal that leads
to Lake Trafford. and an old fishing cabin and outhouse that will be renovated. Mr. Hearn will
overs~ the development activities on the Ranch.
Planned tourism opportunities include: eeo-cabins and lodge. wilderness camp and RV park,
boardwalk through the cypress swamp and slough, swamp buggy rides on the existing cattle
lanes and roads, a restaurant, and events such as business meetings.
Mr. Hearn would also like to develop an educational program around the history of the land use
on the property, including information on the habitats and wildlife on the Ranch, the defunct
turpentine extraction operation. and fonner cattle ranching and farm operations.
A number of sanctuaries. parks, and preserves are located in close proximity to the Ranch and
Mr. Hearn would like to build partnerships with tbese organizations, such as Audubon's
Corkscrew Swamp Sanctuary.
IMPACTS:
Mr. Hearn does not anticipate any impacts to the natural resource base from the eeo-tourism
activities.
MARKETING:
No marketing is underway; however, Mr. Hearn would like to develop a regional approach to his
eco-resort by providing visitors opportunities to visit other natural areas on day trips, such as Ten
Thousand Islands and Facktahatchee Strand.
LIABILITY AND RISK MANAGEl\1ENT:
Pepper Ranch and Preserve has an umbrella insurance policy to cover liability, which should also
cover any eco-tourism activities. Currently, the events that are hosted on the property have
controlled access through the front gate of the Ranch.
ECONOMICS:
The purpose of the eco-resort will be to support the Ranch.
REGULATION:
Mr. Hearn has worked with the Collier County Zoning Board to have 25~ acres around the
homestead zoned as recreational tourism. The remainder of the land is zoned agriculturaL Mr.
Hearn plans on obtaining an occupationallicense so he can begin hosting events for profit.
51
Florida Center for Environmental Studies
3932 RCABoulevard, Suite 3210' Palm Beach Gardens, Florida 33410
(561) 691-8554. r~: (561) 691-8540
Web site: www.ces.fau.edu
l:\genda Item No. 17 A I
June,9,2009
Page 110 'of 272
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Agenda Item No. 17 A
June 9.2009
CU-2003-.Alt~111 of 272
NGALA Conditional Use
Attachment D
CU-2003-AR-3725 REV: 4
NGALA
Project: 2002090086
Date: 5/27/07 DUE: 6/24/08
Letter of Intent: Non-Waiver of Claims
Prepared by Ralf Brookes, Attorney
RALF BROOKES, ATTORNEY
LETTER OF INTENT: NON- W AlVER OF CLAIMS
Occupational License
Agenda Item No. 17 A
June 9, 2009
Page 112 of 272
Zoning review is not appropriate prior to issuance of aD occupational license and is
prohibited by AGO opinion 90-25. Tnis application and other associated applications are
being filed in the interest of amicable resolution of issues in dispute bet-Neen the '
Applicant and Collier County. However, the applicant states that zoning and other
review is not an appropriate precondition to issuance of an occupational license and that a
non-charter county has h"llproperIy withheld t.1.e applicants' occupational license on the
basis of zoning or land use.
Preemption by Florida Fish and Wildlife Conservation Commission
With regard to the pet shop or Vv'ildlife peI!TIits, applicant has amicably applied for (and
has now received) these permits as directed by Collier County, but all attached FFWCC
permits and inspections have been obtained for the subject site and use. TIle applicant
maintains that the regulation of possession of vvildlife by a non-charter county is
preempted by the Florida Fish and Wildlife Conservation Commission under the Florida
Constitution Article IV, Sec. 9..See AGO 2002-23, attached. The Florida Game and Fresh
Water Fish Commission (now called the Florida Fish and Wildlife Commission) is solely
v.ested with the exclusive authority to exercise all of the State1s regulatory power over the
subj ect animals as a Constitutional agency separate and distinct from the Florida
Legislature and Counties as political subdivisions of the' state. The Florida Fish and
Wildlife Conservation Commiss.ion (FFWCC) regulates and has the sole and exclusive
authority to regulate possession of Defenda..lts' subject animals under the Florida
Constitution, rVhitehead v. Rogers, 223 So. 2d 330 (Fla. 1969) including captive vvildlife
such as the subject animals, Hodges v. Marion County, 736 So. 2d 786 (Fla. 5th DCA,
1999); Ho4~es v. Marion County 774 So. 2d 950 (Fla. 5th DCA); ]\lfiramar V. Bain~ 429
So. 2d 40 (4th DCA 1983). , .'
Other buildi."1g .and planning permits applications
Toe landowner will also apply for land use, building peI1I1lt and zoning approvals but
'maintains their right to board and maintain animals vvithout such pemits the Florida
Right to Farm Act Chapter 823 (see 823.14) and F.S. SecTIon 205.064, see AGO 2001-71
and the newly unified Florida Building Code, Florida Statutes Chapter 553 ; Section
553.73,553.79, 604.50 and Fla. Constitution ~A.rticle IV, Sec. 9: See AGO 2002-23,
attached.
Donova..'1 Smith, President
Close-Up Creatures, Inc.
RalfBrookes, Attorney for
Close-Up Creatures, Inc.
Friday, January 1, 1904
Agenda Item No, 17 A
June 9, 2009 Po!?e; 1
Page 113 of 272
Advisory Legal Opinion
Number: AGO 90-25
Date: April 3, If)90
Subject: Occupational license tax, county imposition
Mr. Randy Ludacer"
County Attorney
Monroe County
310, Fleming street, Room 29
Key West r. Fl.orida 33040
RE: COUNTIES--TAXAT,ION--imposit.ion by, county of
additional requirements for issua'nce of occupational
l.icense t!'lx
Dear Mr. Ludacer:
rou have asked for my opinion on the following question:
May a non-charter county, pursuant to an occupational
license tax ordinance adapted under Ch. 205, F'. S.
require that an applicant have t.he zoning of his
proposed business locatien checked, for appropriateness
by the county zoning authority as a preconditien to the
tax col.lectar accepting the payment and issuing the
license?
?- s um :
Chapter 20S, F. S., preempts to' the
o:f ,local occupational license' taxes
authorit.y ,to establish by ordinance
issuance ar sale of licenses other
therein.fl]
state the regulation
and a county has' no
~ny system far the
than that p'rovided
=cO'rding to' your letter, Manree Ceunty provides, by ar~inance,
~at no occupatienal license shall issue for any business unJ.ess
ie, property where the business is located is pre:perly' zoned fer
lch activity. ' The mechanism by which this prO'visipn is
a.plemented is a form designed by the tax collector and property
)pra'iser. This form centains a provision fer the signature of
Ie county pl"anning and zoning direct.er which certifies to' the
)ning appr-opriateness of the applicant I s locatien. The
~dinaIice further provides that' no license shall be issued
:thout 't.his signature. The tax cO'llector of MonrO'e CO'unty has
,~c;:entJ.y questioned the' appropriateness of this scheme.
sta1;e t.hai:-
;-s.uant to ch.
uri:ty "to levy,
gaging in O'r
Monroe County I S occupational license was enacted
205, 1!'.S., which authorizes the governing body of
by ordinance, a license tax for the privilege ef
managing any 'busin~ss, prefession O'r accupatiO'n.
http://l~9all . frn.edul ago.nsfl
aaee3 7715760bbce8525S3cc001 bact? /
ry, January 1, 1904
r-.i tially, I would note that duly enacted ordinances are valid
ad binding' unt.il a court determines ot.herwise. [2J This office
'1,st presume t.he validit.y of ,any duly enacted Monroe couni;y
,dinance; t.herefore, my comments will he of a generai nature.
; is the Legislat.ure which pos,sesses t.he inherent. power t.o
pose t.axes upon professions, trades, occupations, businesses
:d privileges. The power is limited only by state or Federa~
.nstitutional restrictlons.f3] Thus, as a general rule, the
!wer to levy excise, occupat.ional or other taxes which are in
e nat.ure of license of privilege taxes may be exercised on any
5inesB, profession or occupation. [4] However, a count.y, like
,her u'nits of local government, has no inherent. power to impose
xes; the t.axing' power for units of local government mus-t be
rived ,from the st.at.e. [5]
ction l(a), Art.. VII, stat.e Const., provides in part. t.hat. "[n]o
x shall be levied except in pursuance of law Al.l other
rms of taxation. shall. be preempted to the st.at.e except as
ovided by general 1aw.A In addition, s. 9, of Art. VII, ~tates
at counties sha.l.l be authorized by general iaw to levy other
xes for county purposes wit.h certain exception~.
i! Local Occupat.ional License Tax Act," [ 6] Ch. 205, F. S . ,
:.horizes the governing body of a county to .levy "an
:upational l.icense tax for t.he privilege of engaging in or
1aging any business, profession or occupation within its
:isdiction."[7] certain conditions are imposed on the
:b.ority of a county governing "body to levy an occupational tax,
;h as a requirement that the t.ax shall be based upon ,reasonable
lssification and shall be uniform throughout any class. [8} The
ltute also re,quires that licenses 'shall be issued for no more
lD one year and that all licenses shall e:x:p.l.re annu'all.y on
~ober 1.[91
rid a counties have been granted broad home rule powers by s.
), Art. VIrI, St.ate Const., as impl.emented by s. 125.01, F.S.,
construed by the Supreme Couroe of Florida in Speer v.
on. [10] However, the governing body of a non-charter
nty does not derive any home rule power from s. l(f) of Art.
I, State Const., and s. 125.01, F.S., to regulat.e the issuance
sale of occupational licenses or the co.llection of such taxes.
b.er, t.he levying and collection of occupational license taxes
the issuance' or sale of occupational licenses and the '
laction of .license taxes) are' ma't.ters which are the exclusive
t:ogative of the Legislature,pursuant to 55. 1(a) and 9(a),
VII, .state Const~, as implemented by Ch. 205, F.S.
alternative method or procedure for the issuance or sale of
Ipational licenses by a county is contemp.lated by the "Local
Ipational License Ta:x: Act." [111 It is the rule that. when the
:rolling law directs how a t.hing shall be done, that is, in
tct, a prohibition against its bei.Ilg done .l.l1 any other-
[12]. Section 205.053(1), F.S., is the governing general law
this subj ect and a county has no authorit.y ,t.o establish by
,oance any system for the issuance or sale of licenses which
inconf.lict therewith. [13] However, this conclusion should
be understood to restrict. a county's authority to regulate
zoning appropriateness of businesses by other means.
:erely,
http://legal1.fim.edu/ago.nsf/
aaee3771 S760bbce852S63cc001 bacf7/
Agenda Item No. 17 A
June 9, 2009age: 2
Page 114 of 272
--
Friday, Janua~ 1, 1"904
Agenda Item No. 17 A
June 9, 2009 Page: 1
Page 115 of 272
Advisory Legal Opinion
Number: AGO 2002-23
Date.; March 15, 2002
Subject: ~oncharter county, regulation of wildlife
~
Mr. Marlin M. Feagle
Columbia Coun~ Attorney
Post Office Box 1653
Lake City, Florida 32056-1653
RE : COUNTIES-NON-C~ COUNTIES-WILDLIFE-ZONING- LAND USE-BIRDS-COMPREI3E:NSIVE
PLANNING-FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION-authoii ty of
non-charter coUnty to regulate possession of wildlife. ss. 372.921 and 372.922,
Fla. Stat. Art. IV, s. 9, Fla. Const.
"ar Mr. Feagle:
On behalf of the Chair of the Columbia County Board of County Commissioners, you
have asked for my opinion on substantially ~e following questions:
"f1~I1IXs'':--c"olumbia County (a non-charter county) authorized, through its adopted
...-_....:t...~'lf~~ 1lIP-, '.~. .
camprEilieri.si ve land use plan and land developm.en t regula tiOD-S, to regulate the
~..:t.J,.;..."'~.'';'; ~'"l :,
possession and sale of non7indigenous exotic birds, on certain properties, in
uni~co~o~ated' areas within boundaries?
~"';;:":Z:: oJ..,i.'7 .. ~:.. .
~",::... ;I:s.,;. ColUlDbia CoUnty prohibited by Article TV, section 9, Flbrida Constitution,
:""... .y: -::".4: .. ..e;t- J.'", . .
anq",t1ie permit procedures provided in the Florida Statutes and acimin.istrative
''';'' """'~\. ~,.,.... t..;.' . .
~;r.~.~J .....~rom enjoining the possession, breeding or sale of non-indigenous exotic
;.2;;~~~tlt'ne?-ghhorhoods where the county dete.rmines that such use of the
~t!.-?-E.~' s land constitutes a public nuisance or a threat to the public?
[n sum:
L': Columbia Coun~ may adopt ?l comprehensive land use plan and land de.velopment
::-sg'.J.lations that have .the effect of ensuring that pe.oni tted wildlife is maintaine
Ln" suitable neighborhoods or locations. The county may not prohibit the possessio: '
)f :wildlife hut, to the extent that its land use' ordinances have the effect of
;estricting wildlife possession to locations of suitable acreage or where fencing
"- peJ:l1J.issible I for example I such ordinances would not conflict with the authori t:
+-'h""""I:"~_':-4,,, F': h d "'''''lcU-'f" - . . - . .
~~ ~~v~.~ ~S arl n~ ~ e ~onserva~~on ~~ss~on.
!':"'.C,olumbia County is prohibited by Article IV, section 9, Florida Constitution,
md the statutes and administrative rules promulgated thereUnder, from. enjoining
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aaee3771 S760bbceB52Sc3ccOOl bacf?1
Agenda Item No. 17 A
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Page 116 of 272
he possession, breeding or sa1.e of non-indigenous exotic birds. The authority to
ete:r:::m.:i;ne initially whether such us~ constitutes a public nuisance or a threat t
he public is ve.sted exclusively in the Florida Fish and Wildlife Conservation
omm.ission. However, the county is authorized to regulate the abatement of publ.ic
~sances such as sanitation or noise that may be associated with the kee?~g of
ilclli.fe.
ccording to your letter,. a Columbia County land use ordinance authorizes an
ndividual to po.!?sess and, house I'exotic aniinals" in agricultu~al-zcined districts
nly after obtaining a special exception perm.it from the Columbia CountY Board of
djusbnent. For puxposes 'of the land devel~nt regulations, "exotic i(;lr,;m~lsn
nclude all animals except house cats and dogs, and include feathered vertebrates
ther, than poultry and livestock.
he ;property .in question is zoned for agricultural. uses. One property o~er
perates a bus.iness that breeds and raises rare birds for eventual sale to the
uhlic, although sales are not made from this property. Neighhoring property
wners have objected to these operations because of, the resulting noise and
u:Lsance.
he county's code enforcement di:vi.sion investigated the complaints- and found that
he business may continue to operate as a no~-confor.ming use since it existed
rior to the, effective date of the county's land development regJ;lJ"ai:-:Lons. The
eighbori-~g property owners ~iled ~~ administrative appeal of this ~ter.mination
nd allege that there is evidence that the business has intensified and expanded
ts non-confo:oning use of the property sinC?e it was granted its permits. It is till
ounty's position that if the use of the property has intensified then the
usiness may continue its operati~ns at the site only aftar applying for and
btaining a special exception from the county. The county is concerned that this
osition may infringe on'~e constitutional and statutory powers of the Florida
ish and Wildlife Conservation Commission.
our questions are related and will be answered together.
r,ticle IV, section 9, of th~ Florida Constitution, provides for a constitutional
ish and wildlife conservation commission. The commission is cha.-ged with
x:ercising the regulatory and executive powers of the state and with establishing
rocedures to ensure adequate due process in the exercise of its reg-.:J.latory and
xecutive functions. Chapter 372, Florida Statutes, provides a statutory framewor:
or the activities of the Fish and Wildlife Conservation Commission (co~;ssion).
o person may possess any native or non-native wildlife in captivity except as
uthorized by penmit is~~ed in accordance with sections 372.921 or 372.922,
lorida statutes. [1] Section 372.921 (1), Florida St.atutes f regulate's the
xhibition of c.aptive wildlife for purposes of public ~splay or sale:
n order to provide humane treatment ~d sanitary surroundL'r"lgs for wild animals
ept in captivity, no person, firm, corporation, or ~ssociation shall have, or be
n possession of, in captivity for the pU:I:poseof public display with or w~tho:ut
harge or for public .sale any wildlife f specifically birds, m;=nmn;:\ J s, and reptiles
hether indigenous to Florida' or not f with-out having firs t secured a pe:rm.i t from.
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i=riday, January 1, 1904
Agenda Item No. 17 A
June 9, 2009
Page 117 of 272 Page: 3
the Fish and Wildlife Conservation Commission authorizing such person, fi:t;:m, oJ;'.
J:poration to have in its possession in captivi t:Y the species and nUIllbe:.i;- '6i:' ".
wildlife specified wi thin such parmi t; h,owever, this section does not apply to an:
wildlife not protected by law and i;:he regulations of the Fish and Wildlife
Conservation Commission.
The fees established in this statute are dependent on the number of animals
main tained on the property. [2 J
The statute also provides that:
"Permits issued pursuant to, this section and places where wilcUi:Ee is ke~t or hell
in capti vi ty shall be subject to inspection by officers of the Fish and Wi.1d1.ife
Conservation Commission at all t~es. The commission shall have the power to
release or confiscate any ~imens of any wi~d1.ife, specifically birds, m~~'s,
or reptiles, whether indigenous to the state or not, when it is found that
condi tions under which they are being ?onfined are unsani ta:r:y , or unsafe to the
public ~n any manner, or that the~cies of wildlife. are being maltreated,
nistreated, or Deglected or kept in any manner contrary to the provisions of
::hapter 828, any such pe:r:mi.t to the contra.:r:y . notwithstanding . II (3) ,
rhus, the commission. is charged with inspecting the con~ nons under which
:>e:r:mi tted wildlife is kept and ensuring that the conditions of confinement presan'
.)4:> threat to the human public or to. the animaJ.s themselves.
lection 372.922, Florida statutes I regulates the personaJ. possession of capti.ve
cildlife. The statute classifi~s wildlife based on its nature and makes it
:nla....ful for any per::ron to possess any wildlife un,til a permit has been obtained
'rom the Fish and Wildlife Conservation Commission. [4J Section 372.922 (3), Flo;rid
ta tu tea, provides:
he commission shpll promulgate regulations defining Class I and II ~s of
ildlife. The commission shall also establish regulations and requirements ,
' .
ecessary to ensure that pe:r:mits are granted oI;\ly to persons qualified to posses's
nd care properly for wildlife and that permitted wildlife possessed as personal
:ts will be maintained in sani ta.ry surroundings and appropriate neighborhoods. [5
16 s~tute requires that the commission make the determination that the
~ighborhoods into which wildlife are introduced and confined are appropriate for
lch use.
1 1980 this office was asked subs~~tially the ,same que~tion as the one you. have
lsed, that is, ,whet.l:!.er a local government, i~ that case the City of .Mi.ramar, was
~ec1.uded by the pe:cni.t procedure in section 372.922,' Florida statutes, from
'gulating or prohibiting the poss'ession of wildlife within its jurisdictional
undaries. The opinion recognized that Article IV, section 9, of the Florida
-~titution ve'sted in what is now the Fish and Wildlife Conservation Commission
. .
~erly the Game and Fresh Water Fish Commission) the a~clusive authority to
ercis6 all of the state r S regulatory power over a1.1 wild an.ima.l. life ,(except fO:
o.al ties and license fees). Therefore, the'opinion concluded that a municipaJ..i ty
precluded from regulating or prohibiting the possession of wild animal life
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Agenda item No. 17 A
June 9,2009
Page 118 of 272 Page: 4
within its corporate limits.
FolloWing issuance of Atto~ey General.' s., Opinion 80-04 I rela t~ issues were
litigated in City of Mir~ v. Bai:o.. (6] The issue in that case was whether the
appellant could construct a fence around the front of her property even though a
city ordinance prohibj,.ted the fencing of front yards in a single-family
residential area. The appellan.t had a peJ:ID.i t issued by the Florida Game and Fresh
Water Fish Commission pursuant to section 372.922, Florida Statute~, to possess
two cougars, which she used in her business. The Fourth District' Court of Appeal
recognized that the commission had exclusive authority to enact rules and
regulations gov~rning wildlife. As the court pointed out, lira] legislative
enactmen t or municipal ordinance 'as we have here, if in conflict wi th the
regulations of the Commission must give way to the Constitutional, mandate
establishing the Com:m.i.ssion. rI [7] The court concluded that no confl.ict' existed
betw~en the regulations of the commission a....'"ld the ordinance of the City of M:i.rama.:
that -prohibited "fencing of front yards in a single-family residential area.
We construe [the administrative rules of the commission] to mean that prior to
issuance of a penmit, applicants must demonstrate to the Commission that they can
provide satisfactory caging facilities 'without violation of existing city or
county building and zoning regulations. This construction provides for harmonious
b1.endi.ng of the Commission's pe:z:mit requirements and city and county building and
zoning regulations. It also insures that wildlife will only be maintained in
appropriate neighborhoods. [8]
Based on consideration of the Florida Constitution, the, statutes regulating the
possession of wildlife, the case law interpreting these provisions, and the
administrative rules promulgated by the Florida Fish ~ld Wildlife Conservation
Commission, Columbia County appears to have b~e authority to adopt l~~d use
regulat~ons and zoning regulations that may indirectly affect the possession or
sale of non...,indigenous exotic birds on certain properties wi thin its
jurisdictional boundaries.
~ the Mira.ma.r court noted, prior to issuing a wildlife pe.nni t the commission is
required to detexmine that no violation of existing city or county building or
zoni..ng regulations will occUr. Thus, to the exten't it' does not enact reSJU:lations
=onflicting with the constitutional and statutory provisions,of th~ commission, a
=ounty may adopt general zoning and land use regulations that apply equally to
those possessing permitted wildlife and other 'property owners. For example, the
=ounty may adopt zoning regulations providing for side and rear yard size
c-equirements or building set back lines in certain areas of thecoi:1.nty. The fact
:.hat '~ ~nnitto possess wildlife has been obbined by an individual does not
axcept that person from the land use restrictions of t?e area in which his
)remises are located. While a county may not prohibit the possession, breeding or
~aJ.e of wildlife, it may adopt and enforce zoning ordinances and land use
:egulations that may indirectly affect the possession of wildlife. These
~egulations would not appear to conflict with the Fish and W~ldl~fe Conservation
:ammission's wildl~fe regulatory authority_ The Florida Fish and Wildlife
:onservation Commission, in a recent letter to this office, stated:
~e Commission recognizes the authority of local governments to re~~late the
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Agenda Item No. 17 A
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. , Page 119 of 272
iliatement of public nuisances such as sanitation o.r noise which may l?e associated
-".th the keeping of captive wi.lcUi.fe. In those situations, local govex:rnnent i.s
.:gula ting the nu.isance itself and only indirectly having an impact on the
?ossession of wildli~e. [9]
[n sum, it is my opinion that 'Columbi~ County may adopt a co:m;prehensive land use
?lan and land development regulations that have the' effect of limiting wilcUife b
imitable neighborhoods. The count;:{ has no authority 1;:.0 prohibit the possession of
dlcllife but, to the extent that .its land use ordinances have the effect of
"estricting ~ldlife possession to locations of suitable acreage or where fenci.ng
Ls peDJ:Liss:ible, 'for example, such ordinances would not conflict, with the authori t:
)f the Florida Fish and Wildlife Conservation Association.
further, Columbia COUJ;1ty is prohilii tad by Article rv, section 9, Florida
:onstitution, and the statutes and adIn.in.istrative :rules promulgated thereunder,
:ram.enjoining the possessio~, breeding or sale of non-indigenous exotic birds.
t'he authority to dete:anine ini tia1.ly whether such use constitutes a public
luisance or a threat to the publi.c .is vested 'exclusively in the F16rida Fish and
lildlife Conservation Commission.; However, the county is aUthorized to regulate
:he aba-tement of public nuisances, such as sanitation or noise that may be
l.ssociated with the keeping of wildlife.
~incerely ,
tobert A. Butterworth
I.ttorney General.
Uffi/tgh
~----------------------------------------------------------
:1] See, RU~e 6SA-6. p01.1, F .A. C.
,2] See f $. 372.921 (2) f Fla; stat.
:3J Section 372.921.(4), Fla. Stat.
:4J Section 372.922(1.), Fla. Stat~
,5] The ccimmission has adopted Chapter 68A-6, Fiorida Administrative Code, to
Dplement the constitutional and statutory mandate for administrative regulations
6] Cit:y of Mira.ma.r v. Bain f 429 So. 2d 40 (Fla. 4th DCA 1.983) .
7J Id. at p. 42.
Id. at p. 43. And see, Rule 68A-6.0022 (5) (a)5.a. and b'f F.A.C., requi.ring
- .c wildlife he maintained in appropriate neighborhoods and that the commission
nspect and approve facilities before issuing any permit for the possession of
':i:1dlif e .
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aaee3771 5760bbce8S2563ccOOl bact?/
Advisory Legal Opinion
Num);er; AGO 2001-71
Dale: October 10. 20{)1
Subject: Nonresidential farm building\ :l:OningJbuild~ng permits
Mr. ~ioholas S. camu~~io
Gilchrist Assistant County Attorn~y
21~4 NorthWGst 40th TQrr~ce
Sui. te 1-.-1
Ga~nesv~llel Florida 32605
RE~ BUILDINC CONSTRUCTION--~~RWrTS--ZONEN~--COONTIES--
FARMS--AGRICULTURE--nonresidential farm buildings not
sUbject to building permits] but are subject'to zoning
regulations. ss. 553.73 and 823.14, Fla. Stat.
Dear y~. Camuccio:
~ou ~~k on behalf 'of G~lchri~t County ~ub~~antially the
following questions:
1. Are building permits re~Jired for nonresidential farm
buildings in light of ~ect~on 604.50, Florida Statutes?
2. May the countYreqoire a zoning compliance pe:rra.it under
its land deYe~opment regulations tor nonresidential farm
huildings?
In sum:
1. sections 553.73(7) (c> (lJ and 604.50, Florida statutes,
exempt nonresidential farm buildings located on a farm from
the Flor~da Building Code and any county or municipal
'bu~lding oode, making building ~rmits unnQc~ssary for ~uch
, :bu.:i~d.:i.ng3 .
2. There is no statutor~ provision exempting non-
residential :ar.m buildings from campl~ance with county land
development regulations; however, local governments are
prohibited from adopting ~'Y ordinance, regulation, rule,
Or policy to proh~itr restrict, regUlate, or otherwise
~imit the continu~ng agricultura~ use of any ~and current~y
I\genda item No. 17 A
June 9, 2009
Page 120 of 272
Page 1 of7
engaqed in bona f~de product~on of a farm product.
Qus:s t.i an One
Prior to the 1970's, prcmu~9ation and enforcement of
bu.:l.~d.:l..:ng eod.e:s. and ::d;.a.ndard:1 wcre i:.be:::c'51poneiJ:li.~'ii;;;y of
~ocai governments. 121 In 1974, the~egislature established
statewide s't.a!l.dardS known as the state Mininrr:lm Bl,:Lilding
CodQs.[3J Iu 1998, a~ a result of a bui~ding codes study
co~ssion report ~uggQsi:.ing th$ d~va1opme~t of a single
st~tQwide hu~ding code I the Legislaturg created a
statewide unified bui1di~g ooda. [4J
Part,bf ~e newly unified huilding c~ sp$ci~ically
a.ddressed t:hG exemptien ef o"i?rtain b'l~,ildin<jl'l :::md I'd:.rncturClS
from the code. seotion 5S3.73{8J, Florida StatutQs'(199B),
stated:
liThe follo~ing buildirLgs, st:ruotures, and fa.c.ili'f::.i~s may be
exempted fr~ the Florida Building Code as prov.1..ded by
law .
'* '* '*
(e) Nonresi.dential farm bu.ildings on farms."[S]
During the :s.ame ~egig~ative 5easion, ,section 604.50 f.
Florida .Statutes, was created to provide:
"Notwi. thstand.ing . any other ~aW' to the con tri!!.ry f an;{
nonresidenbiai fa= bui~d:i.nq located on a. fa.zm is exempt
:from the FIQrici:aBui,1.ding code and any c:oi.w,ty' or municipal
bui.1.ding code. For purposes of this seotion "nonresidential
.faxm. building" means any buildin9 Or structure ~ocated on a
faxm. ~bat is not used as a resid~ntialdwQ1.ling. Farm ~g as
dl3:fined in s. 823.14."L6J
Changes ~o eeet~on 553.73, Flo~~~.S~~utOC~ du.r~ng tho
2000 legislat4ve s~ssion, effQctiv~ July 1, 20~1,
sub$tii:utQd rrarg exempt" fer tlm.a:y be exemptll for- the'
en~eratad b~lcling., ~tructures and facilities exempted
from the Flori.da Building Code. (7J 'The' exempti.on for
'LlcnresidenticU fa:r:m buildillgson faxms .rernain~d i.ntact.'The
D~part:ment of Agricul tu:::e and Consumer Servioes 1 ,however I '
~as grant~d e4clusive authority to adopt rules, pursuant to
Chapt.er l20! Florida statutes ( prov;iding t!except.i.ons' to
nonre&i<l.c:m.ti~l .:Ec.x:m hui~d.i.n9'.:I ISlxsm:pted, in paragraph (c)
when reasonably necessary to preserve public health I
safety, and welfare." (8) This o~fic9 has been advisQd that
no such rules have been adopted to date.
Agenda Item No. 17 A
June 9, 2009
Page 121 of 272
Page: 2 of 7
The e.xgmption fer nC!nr~si.deD.tial fann buildings from the
Florida Building Code and any count"j or ~un;ic:::.:i.?al building
code in section 604.50, Florida Statutes, has been ~n
exis-::ence since 1998, The amend:ments ,to section 553'.73,
F~orido ~tatute3, durL'q tha 2000 ~c~~~~ative Bee~~on,
reiterated that such buildi.ngs are not subject to the
Florida Building Code.
Legi~~a~vQ intent controls the construction of sta~tes.
That intent, hovever, is determined primarily from the
lang-a.a.g.e of the statuta; thus, the p~ain meani.ng of th.e
l?uguage us~d in the s~~tute 1s the ~~rst con~ideration ~n
t.iJ Q in tQ :rp=~ t.a.. tio'n 0 f a :d:.a tu t.e. [g J
~~e plai.n langu_gQ of sQctions 553.73(7) {c) and 604.50,
F~orida Statu~es, exempts all nonresidentia~ buildings
lOcated on a farm from state,and 1oca1 b~~di~g codes.
Thus, to the extent that the state ~n~um Building Codas
require an ~ndiv~dual to obtain a ~t for the
construction, alteration, repair, or demol~tion of a
btiL~d~ng 0= o~ue~urc, ~o cuoh pcr.mibc a:e requir~d f~
nonres~dential ~~ilding$ located on a farm. [10J
Que.stion Two
Seotion 823.14., Florida ,Si:.atute3, the I:Plor:ida :R.:i..qht to
Fai::Ill. .Act, (act} , "[1.1] recognizes the importanoe of
~~clc~~ur~ production to th~~ ~t~t~'~ oconomy ~? th=~
the "e..."').couragement, d~velo:p.rnent, iIti.provement, and
prp-sp.rva~{cn afagricnl~re will result ~n a qeneral
benefi t to the health and welfa.i:e of the people, of the
state(.}"[12] The Legislature also recognizes that
agricultural activities conducted on faxmland in areas that
are becoming urbanized are potentially subject to nuisance
~awsuits and. that such suits may encourage ,or ~oroe the,
pr~ature removal of fa~ land ~rcm agri9ultural use. The
p'li:.:po(::c 0% the z:l.et, ''thc.rc::fe:rc, i.:l "'1:.0 p.ro'toci:;. :ro.::1,~o:c.::1b.~o
agricultural act::i.vit.ies conducted on farm ~and from
nuisance suits." [13]
The act generally provides that a farm operation whic:hhas
been ~ operation fo: at ~east one year and wbich was not a
nuisance at the time of its established date ox operation
shaJ.l not be a pub~ic or private nuisa."1.ce if the fa.-:n
operation confo~s to qene~ally accepted agr~cultur~l and
manag-ement' praotioes. [11J ];owev-z:r, an exi~ting f4-n1
operation may not expand to a more excessive .operation '~ith
regard to noise, odor, dust, or fw~sJ if it is adjacent to
an established homestead or business. [~5] ,
Agenda Item No, 17 A
June 9, 2009
Page 122 of 27.2
Page 3 of7
Pertinen!: to your inq.:.iry, se.ction 823.14,(6), Florida
Statut$S, provides:
"It is the intent of. the LegislatUre to eliminate
dupi~ca~~on o~ :egu~atory author~ty ov~r f~== cperatio~s ~~
IOlxprQssed .in ti:d..s subsection. Except as o'therwise provided
for i.n this section and s", 487. 05l (2) , :a..."l.d notwithstanding
any other provision of lawl a local government may not
adopt any ordin~~cef regulation, rulQI or policy to
proh~it, restrict I rQgu1cte, or o~her~ise l~:it an
act:iv:l..ty of a bona fide fa:rn. operation on land olassi.~ied
as a9'ri.c'U.l't.u.'t"a~ 1and pursuant tt;) /;.. ~93. 46:1., w):l.ere SUdl
activity is regulated ,through ~lamentQd bQ~t-managame~t
p~~ct.iOOg oX' interi.m ~aasu:z:oes d-evaloped by th~ nAp~rt::mt;<~t
of Rnyironmental Protection, the Pepartm~nt c~ Agrioulture
and Consttmer Services, or water ~anag~~ent districts and
adopted under chap1::,er. 120 as part of a" sta.i::ewide or
xegional program.. " '
The legi..slative histo.::y of this supsection stat;.es that the
am=ndcen~ to $~e~i~~ 823.14/ F~QridA S~n~u~oPl wa= ~o
preclude a local ldoV'ernmen t from adop:l:;ing taws I ordinance.$,
re~ulations, rul~s or policies to p~oh~it, restrict,
regulate, or otherwi38 limit any oontinuing farm operation
on' any land currently engaged in bona .:fide production" of a
xar-m product. (151 Thus, a farming operation that fa1l~
wi.thi.n the covera.ge of sectioo 823.14, Flori.da statutes,
W'ou1.d. necessar:l~y comp1y wi.th the agr:Lcu::Ltura~ zon.l.ng ,
c~a.s,si.:fi.cation o~ the l'and and would not b~ subject t9
oounty ~g-u~:ttions or rQs::t:::-ir:d;.:i.o1':1.~ th~t .;.tt,;.rept to ~.i.m.:l.t:'
such an operat-ion.
Zon~ng is intQndQd to control dQvQ~oPmQnt and land use,
going beyond mere standaxds for the construction of
bui1.dings other~isepermitted under an e%ist~g %on~ng
cl.assification. [J:7] EncoInpassed in zoning" a:re :restrictions
on th~ denei~ o~ devel~ent And ~uoh ~~mple re~tr~ot~on~
as set-h~ck l~nes for const~ct1on. Such ordinances,
hawp-vp-r, mu~r. he r.eA~on~b'~1 ~~;Torm, ceTt"i~ ~~rl ~:Rt
supply sufEiciene s~ndards. [181 Moreove~, ~~ ordinance
establishing setback lines without regard to public health,
safety, and general welfare would be an unreasonable
exercise of police power. (19) .
You bave advised ~~s offioe that one .of the primary
conCerns :i.n d.eterm..iIJ.ing whether a :Coning oompl:i.l!!.:oce ~rmi. t
i~ :required for nonrQsidQntiAl farm buildings is to ass~rQ
that su.ch construction co:npJ,ies wi th !>RtbF.l.ck lines u:oder
the oounty's zoning plan. It would appear that a setbaok
Agenda Item No. 17 A
June 9,,2009
Page 123 of 272
Page 4 of7
requirement would not neoessarily l:i..mi t a f.a::mT s operation
and would, therefo=e, apply.to $uch const=ucticn. .
In At~6rney Genera1 Opinion 99-~a, th~s of~ice wa3 a~ked
whs!'\:her a ,coa.nty' cou~d enact Ji:;oninq :eguJ.ations affecting '"
the p~~ccmcn~ of ~~xant farm wo%kQ~ fac~~iti.: ~n
=esi~tial areas, given ~ection 381.00896, Florida
Statutes, prohibitinq discrimination in the development aod
use of such facilities. While this office recognized that
the prohibition must be interpreted in a manner to c~rry
out the Legis~ature's intent, it was found that the ~lain
~aIlg-uage of the stat1J.te wou~d not p=ecl"llde a county f;r-om
~a~n~ly exercising it~ zoning authority and enfo~cing ita
zoning re~~lations to limit migrant !ar.m worker housing
facilitiQ~ to arQ~S in which such USQ is permitted. The
L6gislature ~d not chosQn to grant a b~anket exemption for
~i~ant farm worker housing when 'it could have Qa~ily done
so. {20]
Likewise, ~he probibition agains~ looal orQinancas that
l~t or restrict an activity of a bona fide fa~ operation
on land t:.h~i: :La c~a.sa:Lf.:i.gd ~g ag:r:i.cu~'l::ura~ 'Would not .,
preclude application of zoning regulations that do not have
such an intent ox affect, Accordingly, it is my opinion
that a nonresidential farm building would he subject to a
zoni:09 compliance permit to the. extent such a penni tting
requirement does not p~ohibi~, restric~r regulate or
otherwise l.imi t an acti vi ty of the far:rc..
Sincere.ly,
Robert A,' Butterworth
Attorney General
R..~/tls
----~---------------------------~--------------------------
(lJ See, ~. 25, en. 2001-186, Laws of Florida, whiCh
renumbers s. 553.73 (7) t Fla. stat. (2000), back to s.
553.73(8), Fla. Stat., effective January It 2001.
[2J S~, Flor:L~ OOUS$ ofRe~re5ent&t~ves C~tte~ on
Community Affa~rg Staff Analysis, HE 219, May 10, 2000.
[31 See, Ch. 74-167, Laws of Florida.
[4} See, en. 98-287, Laws of Florida.
Agenda Item No. 17 A
June 9.2009
Page 124 of 272
Page 5 of7
[5] See~ s. 40, Ch. 98-2871 Laws of Florid&.
[6] See, 1;1. J.3, Ch. 98-396, Laws of FJ.orida.. Gec't:.ioa S2.3.J.4
-(3) (a), F1:a. Stat., defines "fa.:r1Il" a.s I'the ~OU1dr
building~1 gUp'por~ faciliti~~, m~chin~ry, and other ,
appurtenances used in the produo~~on of f~rm or a~aculturQ
products. IT
17J Se~~ $. 75, Ch. 2000-141, Laws of Flor~da, also
renumbe=~ng a. 553.73(8), Fla. Stat. (J.999), to s. 553.73
(7) I Fla.. stat.
, ..
[8] See~ ~. S53.73{7}, Fla. Stat., also $~ting ~ha~ ~e
exceptions must be based upon specifio criteria, such as
underroof floor area, aggregat~ electrical, serviee
capaci ty, HVAC system capaci't:Y, or other buildinq
requ..i.reme.o ts .
(9J Bee, M.'I'r. v. Dl!!l.v:i.1!J, 75G So. .2d..90 {Fl=.. 2000) (when
language of statute. is clear and "l.J.l1.aIt\.biguCfllS and conveys a
clear and definite meaning, there is no'occasi?n for
resorting t.o rules of sta'tu,tory in"terpretation and
construction as statute ,must ,be given i'ts plain and. ol;lvious
meaning); MaLaugb2in v. state, 721 So. 2d 1170 (Fla. 1998~;
Osborne v.. s~$on, 114 So. 543' (Fl:a. J.927) (where ,
s~a~U~Q'S languag~ is pla~nl dQ~~n~t~ ~n mean~ng w~thout
ambisrui ty, ~ t fixes legislative .inten:t.ion atnd'
i.n'l:.a::p:ro-::,d::.:ion .:a.nd. Clone i::r...c-c:i on , a:ro not. nQ<&d/OlQ.) f H,,1.~y "'..
AuJ.d, ,450 So. .2d 217 (Fla. 2964). Sea aJ.so, Cps. Att:'.y GQn.
'Fla. ,00-46 (2000) (where J,.anguage 'of st:..atute' is plain and
de,;{nite in. maan.ing without anmi~ity, it: fixes the'
legislative intentio!l :such that interpretation and
construction are not needed); 99-44 (1999); and 97-81
(19.97) .
[10] Sec~on 553.73(1), Fla. Stat.
[111 Section 823.14{1} I Fla. Stat.
[12] Section 823.14(2) r Fla. Stat.
[13] Ld.
[:14) Secti.on B23.1d(d) (a) , Fla.. Stat:.
[15J Section 823.14(5), Fla. Stat.
[16] Florida Senate Staff Analysis ~nd Economic Imp.~t
Stat~nt, CS/CS(SB 1904, April Il, 2000.
, Agenda Item No, 17 A
June 9, 2009
Page 125 of 272
Page 6 of7
[lj] See, Fcrtinta.i.n v. City OI Ja.cJcsorrv.i,~~Q, 447 So. 2d. 353,
355 (Fla. 1st DCA 1984) (ordinance waS intended to control
de......elopment and ~a.-",d use i..n the via..i.::d. t:.Y of a.i~o:z:.-\:;.$ a..nd
not m.e:cely to impo5e standards fo:c the constrUotion of
bu~l~gs othe=W~~Q pe=mitted ttnder ~h~ existinq zonLnq
c~assifioations is a zon~q ordinartce) .
[18J See~ Ci~ or ~~ v; Ramer, 73 So. 2d 285 (Fla. 1954)
and XO'h"D. o:f Pa.l:m. Beach S'1:1-ores v. Dot:y, 100 So. 2d 20~ (Fla.
2d DCA 1.958), a:fr'd 104. So. 2d 508 (l:'"la. J.9'S8).
[~9j .See, ~.r, ::r.:rp:::t=..
[20J See a~so; Cp. Att'y Gen. Fla_ 93-55 {1993) (city may
regu1.ace the nature and use of ~-share property by
zoning, but is ?recluded from, enforcing a local ordinance
~hat di~criminates agains~ such property). .
_..._._~.__.__ ~_R_ __.. ,.... __..:.--
H!?me I N~ws j Qpinic:ms I rl,ln~llm':rn I J,:I~.n.l]..1 ;!}.~ I Ct:1me VktiIl},~ I Qp,r;:p GO'~l:mm~
Pl'oi,e.cutlcml k:.riill.~T'~al I.as!!~e I ~IGl~du's AG i sa I S~[~~ llol:l~ I Dire~rj i 1\-laps
Agenda item r\lo. 17 A
June 9, 2009
Page 126 of 272
Page j of7
Agenda Item No. 17 A
June 9, 2009
CD PaQ.? 127 of 272
-2003-AR..:::>725
NGALA Conditional Use
Attachment E
CU-2003-AR-3725 REV: 4
NGALA
Project: 2002090086
Date: 5/27107 DUE: 6/24108
Support and Testimonials
/'
Agenda Item No. 17 A
June 9, 2009
Page 128 of 272
/~!i~~t~~
,t' (;oJ' ~i{'~,,\'~ ,; '.' :>!';: .. .:t; ~
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THE FLORIDA SENATE
Tallahassee. Florida 32399-1100
COMMITTEE.S:
Health and Human Services Appropriations, Chair
Commerce and Consumer SelVi(;e$
Heallh Cere
Regulated Industries
Ways end Means
SELECT COMMITTEE:
Medicaid Reform
SENATOR BURT L. SAUNDERS
37th District
~ w,@w,'iJ,~'\t'
~ 5\:.? i 12001
~
JOINT COMMITTEE:
Legislative Budgel Commission
Mr. Donovan Smith
NGALl'-:.-Private Ga..-ne Reserve
2755 Inez Road
Naples, FL 34117
Dear Donovan,
I wanted to let you know how nice it was to see you agam. It was indeed a
pleasure and surprise to meet up with you at the movies.
I find it fascinating that your company, NGALA, is a private game reserve and it's
located in our community. \\'hat a terrific concept! Although the beaches and golf
courses draw many visitors, NGALA provides a different venue for enjoyment.
This is an innovative and exciting adventure.
For my work as a State Senator to be effective, your ongoing input is of great
value. I look forward to our continued communication.
vz.. ryjul] y~s,
/I~
l f(-v I
Burt L. Saunders
State Senator, District 37
REPLY TO:
03301 Tamlami Trail East. Administration Building F, Suile 304. Naples, Florida 341 1Z-4902 (239) 417-6220
o 1{)39 Sf 9th Place, Suite 310. Cape Coral, Florida 33990-3095 (239) 338-2777
0418 &male Office Building. 404 South Monroe Street. Tailahassee, Florida 32399.1100 (850) 4<37-5124
Senate's Websile: wWI"I.f1scnate.gov
TOM LEE
President of the Senate
CHARLIE CLARY
President Pro Tempore
Agenda Item No. 17 A
June 9,2009
Page 129 of 272
'''''O'V:.~'''''''''
Apnl 268 2005
Ng~
PamPa CottE
D~ of~les
5018 Vent'....-rn ~urt
Naples, R.34109
Dear Trish,
oUr entire group from Greif would lice tD thank yoU and your stmTTGr the wonderfui ~ng
!:hat you recently hosted a:t Ngafa for our rnsromer.s- We have been very fortunate over the
Years to have had our ~$mer furn:uons .iit some wonderful venues.. The gen~1 OJnSensu5
from not my our group but from virtuaJly aJl of our rnsttirrias Was that Ngaia sUIpassed aU the
others.. The fGod and service W€i"e oothstiperb and tile anmafs were an added ~at. The only
romplaint that I heard later Was ~t everyone Was ha\ling so much fun mat they hated to get
back on 'the buses for the' ride back tD the hotel.
Thank you again and we hope we are able to e.rUoy the "Ngala experiencetf again in the near
furore. '
B€st Regards,
&~,
WiIrraIn K Morrlecaj
Vice President" SaJes & Markei:1flg
Containerooard
Agenda item No, 17 A
June 9. 2009
Page 130 of 272
':.~ ;r1 ~.~ :Jl
~~.~.~'J ~~~~~:~.~r .3!~'\. :i~'~~.; {~' ~.~~ :';:~'~~'
landAmerica Financial Group, Inc.
Patricia. Cone
NGJl...LA
, In:ne30; ~JandarTLrom
Dear "frisk
Our event at NgaIa was a resound:ing success and I w~"red you to know, hov.r much we
app:reciiated the parma:ship and attention to detail that :resulted in such' a m.e.morable avening.
Ngala is" indeed.. fu:rtrma:te to have the benefii: of your talents: from our very first oontact" you
derno:nstnlted a c.oP.ahcrrative" cusrorr-..er<ente.red approad\. Blways lisren.ing to OUT needs and
working snpportivcly to en.scrre Oui" expecranons were met 01' exceeded.
The Achievers Circle event is our premier nationai award progrem.. attended by our most senior
exc-cufives and the tcp..per.forming sales and operations personnel. We go to great lengths to
en.sm-e that our hmwred attendees are re.oognizeiL pampered.. and treated to three days and
nights of luxmious excellence at wOrld-class venues. Most recent1y.. our event was held at the
Ritz-CarIton Naples Beach Resort and we seleded Ngala fOT our :final evening.
F~m start to:finish,. the evening was perfectly choreographed: cur group steppe!! off the motor
coaChes and was mstantly transported into you,r beautifully staged safari atmosphere. As the
eveIllng unfold-eiL attendees eagerly expI~ ibis remarkable ne-w emrrr().I'U.-nent,. reveling in the
details from the koi pond and the Knbake dancers" to the Kora plaj'-e.f and". of course.. fu.e
wcmderlul living 1\..rt displays (also kno'Wn ag"fue animals"). Fortunate1y~ v.>e had a
phorog:Jffipr.-er on hand toO capture me interactions and the joy" sm:pri.se, and emotion fhat:results
when peop1e interact with rnagnfficem: crearn:res-bofu the giraffe and chimp were major hIts..
Them.eal was outstanding in both quality and delivery: with your wise guidance., we c.hose the
individual sen7ing stations at e.a.d.1 tab'k~ which €ve.\'yone loved. The desserts were tm1y
Outstanding (especially the chocolate ""tres Iedles"j_ and the Kora player's intoxi;ea.tin.g, resonant
melodies provided the perfect backdrop fore.ois exceptional evening. And everyone enjoyed
hearing Donovan .share the tale of Ngala's evolu.tion.
We conduct :SU:n7eys aft-er eaCh eva"1i and the Ngala evening was the most 1-aghly rated with
70% of attendees ra..l1kingit as l'.IOutstanding'" (and most others as dVery Good"').
Tr.a..-.k you". a~H, for cr'<:.a.uug a IUagicaJ.1 IIle1l1D!:able e'\ret-ung.
~~ ~
Paul Bedell
Executive Vice President - Sales & Se:..,vice
LandAmerka FInancial Group
Agenda Item No. 17 A
June 9, 2009
Page 131 of 272
II:
CORP01'lA.TrON ell'" All~eA.
D."'!lt~bmQlll4ffla"~it>tz!.'mm fk>ip OlR ~"'T.'o'r.l:
M-w Jb.:' l~1m"1d Ot'WTJ("/', S<l1tlr 1mi' H~;:l>fr
Doaovan and Tammy S.miili
Ngala
2755laez Rd.
Naples,. FL 341 ] 1
417103
Dear DOIlOV'an and T.a:mmy.
'What ~ J say that has not already been said? Oil-Dri ba:s C'.O!ldu.cted tb:is ~OOIltive trip for c~r '.top-pecfOtming
food broler.s for 1 years now :and I bave to say this was one of-the mo.">t elegant, 'imrl,gning and troly unique events
that we have bad to date. Our evening .at 'Ngala was one experience that our rood brokers wI1l not sooo furget and
will talk about for months to came with tbcir peers.
'What a b~1iJtifu1 setting! E~en :after pr~~ the ~te.- there !is no uray that one can deSl?I"ibr: the ambiance that
your final product delivers. Every detail in the decor left the attcl;1dees w1th a sense of aullleI)J?citj and clegance.
E\'lm"the ha:throoms were the subjeCt of adoration by many! In a:Mition.. file loosicians aM entertainment that you
haw selected 10 U'Seare fabwoos 'and co.ntribt..~ significantly in topping off the atm.oSPnefe for the event
The.ev~ was :a sm:p.rise for ~ guests" aOO evoo the bU$ driver's s'har~ in tbe S'U~pense Jry :arino'imcmg that the)'
th<?U~ ,iliey were ~ as' tJ~y'il.e~ded ~w.n 1he <ml road! By the time we a:riived. 'f1reatlendees were truly
C(l~,1bat we werelost.~ tb~ ev~gtwes!. '
I~gine tbeii awe as they steppe~ o1lthe bus 1;0 tile so~ of the p~ocks crying in "dhe kees. ~ slralltS of the
sitar In:us5c.:ana the sHe ola ]O.footAfiican d.ah.cer On st~! F~~~'Prstt~ that week,. they were absolutely
s'p~h1ess. And~ rlle.n to top thmgs off; ~ b~trt,)1 ofth.e a:Qimals 3;~d. the obvious care and lave "hat tb~ recehre
:from you amlil1etr haJJd~ers is evid.euce 'that yOO absol~t.ej'y love wWd: ~}'Ou 00. You ha,.c :much to be proUD of.
Finany. I can't close this ktter wlihoot tbankjng Blaine for the uobe}ievable meal fuat he and his culinary team
p.r<<tuoed for the grou-p. ]t was truly (fie of the best meals \Ve li-d' a~ '\\Ieek and done to perfa.'tiOnl It was certainly
not what one would nonna1ly expect from an Off.site location and exw..eded nw expectatio.ns.
Every year I :.am 'COntinually clJall~ged to come up with an event that C?Il ."woW" my jaded group. This is cae tha:t
I ,,,ill be hara pressed to top :fur next year!
Agenda Item No. 17A
June 9, 2009
Page 132 of 272
June 11 ~20{n
Mr_ Douo-van Slnith
NGALA
2155 I.nez Road
NapleS:, FL 34117
Dear DOllQVan:
Although it has taken fur longer than I would have liked it tv:. I w.tmt~, to write and fh.ank
you and your staff for ~ very memo:roble experience for lilY customel"S. We ]lave notiqJd
several pictmes 'froil1 that evening at NUALA prommently displayed in various customer
offices.
I would also like to compliment your Sales Director, Trish Cotte.. for the terrific job she
did for us. We w,ere treated like royalty and things w'ent just as she said mey would -
guest behavior} event timing llililreactkm to the animals. She is truly an aSset to your
company!
Thank you again for all your hard work on OUT behalf and ] look forward to seeing ycm
agam.
Since:re1y,
~.aJ~
f/
Tim Wagner
President
uII" I. ::l.n c: 1.11- 1!n c.?n G 1. ? I. GI:
~ }, ~B 511 31'"
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Naples @
Marco Island
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Suite :U8
N:a.pi.fle, :FL :H~04
PhoDe; 239-403-2384
FflX:239..4O.1-2404
www.Pan,dil'leColUlt.eom
Agenda Item No. 17 A
June 9,2009
. Page 134 of 272
Me.reh 12.2004
Minutes from MPI Meeting
We aaem to be losing some momentum on this committee and regret that
the Marco Island properties did not attend. It will be a priority for Debi to
get with the Marco Properties and plan a Beach P&rty Sub .committee for
this August MPI event. This meeting will be held in the CVB boardroom
on March lSt1l at 8 :00 Am .
.As far as our contributions and .sponaorsbip for tbis upcomi."'l.g event we
are on target and all have confirmed. 'The Registry resort will support all
of its required functions on their own, the airport is hosting a luncheon on
Friday at the Registry Resort Aug. 20;1111~30 - 12:30. the NGALA ~vent
is from 6-10 on Saturday 8/21 and the Marco Island Beach party is from
5 :30 PM - 5) on Friday 8/20. The Trade show win take place 11 :30 - 2:30.
We Ql'e still looking for some sponsors for the NGALA. event. We need
cash sponsors, animal sponsors and rentw sponsors. The Hilton Naples &
Towers is sponsoring the cocktails and wine with dinner and Don Shula
a~tograph bottles of wine (which will double as door prizes) as the
cmtexpieces and the beverage servers. Cioae-.up creatures has sponsored
arJmal appearances and Odyssey hM sponsored a Leopard. The left QV~
~M'y from the last year lunchron contributions will be 1Jlle~ho helP "-
support the NGALA event.
-
We need sponsorship packet! from MPI SEe 80 we can continue to oo1ioit
sponsorship and Deb! "till request those from them.
We aleo need promotional post cards and invitations so we can solicit
Meeting pl&nne1's. Debi will request this from SEC. Please try to support
this event by contacting your list of Meeting planners and mentioning the
event with every meeting planner you come into contll.et with to insure the
success of planner attendance at this meeting. AU attendees must be WI
members. For membership infonnation call J effMahall 954-308-4506.
To 1in."- to the MPI SEe promouonal website contact Rick Weaver at
rick@ri<:kweaver,net. '
Judy Goldman i& 8ponsorship contact for sponsor benefits and can bel
reached at J Soldman@bbilinen.com.
Cruisers is the official sponsor for transportation and Debi will contact
them for confirmation of details on the itinerary.
'The photo sponsor will plan to photograph animals and planners at the
NGALA event. We are looking for a frame sponsor.
PLO!tiDA'lI LAST ~Al\AD1&E
nil J r r I I L l\ t\ 7 ol\ r 'J rl w
/
Agenda Item No, 17 A
June 9, 2009
Page 135 of 272
NGALA
The Place of the Lion
A wildly exotic evening to welcome you to the
2002 Successful Meetings Florida Marketplace
August 8~ 2002
Naples, Florida
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Agenda ~ Ncfl217 A
JQ~ 9. 2009
Pa~ 3Et'6f 272
OS/21/2508 08:33 239-597-0578
May 21 08 06:53p, NGALA Private Reserve
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RWA INC
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AllTICLES ((ilbKlUo'ICA1E) OF 'MERGER
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The folJ.owirJe Articles (CexIific:ate) of~ (rd'ened hcccafter !!51he "'Ar&~ ofMergef")
are be:iog submi1tr:djn ~cewith Section 601.U09ldid 6OIA312 of& Ploriaa SImutes.
...
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FlRSr~ 'Ib c:xs.ct JlaD1e, snet address ofits prineipal office. jurisdiction, .aod et1tity type mr
the mergingpar:, ("Muging Catporatioll.") is as. follows:
Name ami ~t A.ddrcss
CLOSB-UPCR.EATURE~ INC.
2155 Ioez Ra8d SW
~ Florlda3.41I7
F1aritb.~stmtion Number: SI823!
. FEINumber. 59-3044965,
IDrisdicti9Jl
flmda
Bntitv 1'vPe
CupcmtiaJ.
SECON:Q: 1M e:ud name. stmet addmlll otits principe] ~ jurisdiction, and entity type of
the surv.Mng party ("Snniviq I..imtted LiabiJily CompauT') is as fonOWlJ~
.J
Name and Street Address
CLOSE-UP CREATURES, LLC
2.7:55 :rm:z ~ SW
Naples. Florida 34117
Florida Dooumerrtf1l~ ~ L04OOOO92g,;7
FmNumber. 59--3044965
Jurisd.lcti.on
'Rn6tv Tv'DC
F10rida
Limited Lilbllity Com~
THIRD: The,~ PIa. at'Me1'ger mr.cts the ~ or Section 607.1108 and
608,4382 of the FJo:ida Sta:tJJtes, and was;llppl'O'feQ in accordatJcc with Section 607.1103 and Section
608.4g 81 by wriuc:n ~ on '&be ;;l'f& day of ~I'-./rIbe;- . 2004. The Phm 111'95 ~ \DI.der
ihc authority of the Board or D~ 011 ~mfy/ ~~ .2004 'by the ~ of~
M~ ~ and by the~ of the SurviYiDg Limited Liability Col~.
FOUltm: The attaclled Plan of Merger waIJ ~vcd by the ~ Corpahtion atd the
Sutt'ivhIg Limited Liability ~ who arc parties to the merger in DOOOl'dance ChapteB 607 and
608 of1he Flcrida Statutes.
FIFTH: The merger shall ~ e.Iii;.ati~ 8.& of: laJl\tary.3~ 200S
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CU-2003-AR-3725 REV: 4
NGALA
Project: 2002090086
Date: 5/27/07 DUE: 6/24/08
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May 21 08 06:53p NGALA Private Reserve
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239-353.3237
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SlXT.H: SlGNA'1l1.RB(S) POll~PAR.TY:' .
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CLOSEUP CREATURES,
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CLOSE-UP CREATUJUlSt
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1l. Dono'Vlll1 Smith -.
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Cfl/g;WJ"V!'
2
Agenda If~ N&317 A
-Rt~e 9, 2009
P'a~~3r~f 272
Title or Position
Preo.;1dem
Manager
M&ulger
; .
RWA INC
PAGE B4
Agenda I~ No, 17 A
......JwneJl:, 2009
Page 138 of 272
OS/21/2008 68:33 239-597-0578
May 21 08 D6:54p NGALA Private Reserve
U'i.~"UUV ~~.~~ L~J L~utY~
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239-353-3237
\J\...).I'\ Of t".J.\J~
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PLAN'OF :MERGER
AND
REORGANIZATION
'!'he following Plan of ~ aDd lleotpnizanon (1he'"PtDn") is' bclb& submitted in
acx::ordattce with Sectiao 607.1108 of the Plodda Slatuks. In 8llditioD. ~ l'1sn is inlicOclrdaac:e with
Seetion 36& of the TD:temaI Reven.ueCode of 1!J86. as ema1ded(the ~").
FIRST: 'l"1= =act Dame ICld jurlsdiC1ion of the qlcrgiug party (the "Metging CorporaCpn") is
as fulJMlrts:
Name and Street Addless
CLOSEr-DP CR.EA1'tJRES, INC.
2.755 Jnez Rood SW
Npp1es, Flotida. 34117
Florida Docum~onNutn~ 818238
FEINumber- 59-3044965
J Q1isdiction
Entitv TVJle
Cclrporation
Fkldda
SECOND: The exaet nama and j'OriadictioD of the SI.II"riving party ("Surrivhtg Limited
Liability O:lmpaDy'1ls as foUaws:
).
Nnm.eMd StreetA~
CLQS:&UP CREATIJRES, LLC
2755 fnc:t Road SW
Naples, Florida 34117
FIOrida~on Number. L04000092841
FBI Number. 59-3044965
Entitv ~
LiIbited Litlbi1i1y ~y
Ju.risdidi.Ol\
Florida,
'U3JlU): 1'erms, Conditions and. ~=t9 in compUarlce with Chapter' 607 l1XId 60S of the
Florida Statutes; ID1d Sedion 36S(nX1)(F) of~ Code. .
A '.[be> effective d81e of tl:Je merger ls to tab p1aco em or befbre Jamrary 8" 2005 (the
"'B~ Date'').
B. T.b.e Mcrgi.D& ~ and the Survtring LimitM t.i~ ConJpany aball be a
single enti1y known as CLOSE-UP CREA1URES, LLC.
C.
Jnetger.
lb:= Me.rgiag Corporation shall <:e:ase 'Co exist tb~owmg tIa ~ Dale <Jt file
)
@(Q)~\f
,
I
239-353-32.37
PAGE 05
Agenda I\tEful No. 17 A
r-,-,,,~lI;me.l.~, 2009
Page 139 of 272
OS/21/2008 08:33 239-597-0578
May 21 08 06:54p NGALA Private Reserve
U~/~~'~UUU ~~.~~ LJ~ 6~ur~J
RWA INC
'V"'"'" Of J.....""...
, ~ .
. 1>. The Mergirlg COrpomti.OD and ~ S\a:viving T .~ Liabi1ftr Ooqay'sba1l be treulcd
~ sam.c f9r 5::&::Ia1 income tax pcsposes _ ~'tI tJJe Surdring LhniIr.d Ua'bilit.J ~ $bell
-, 'J use the: satne tax idelJtUiollfioa IlUDlber IS the Mergiug Coxpmwtion.
B. the cotpOl'att enbpr:iae IhaU CXl1IIiuuc tm:bI1eolI&lj/Icd am) is tbeteforc !. _ cbaDge of
oo:porate whic1es 1br federal income !aX pIUpOSCS. Ja addition, 1he eu.t5rc value of;1ho ~
inta'est m the ~ ~ is 1'6 'be ~ in 1he ,"fX>1~lIj'7.Rf:iQD and wbbiil the s11l"Vtring
L~ Liabmty Company..
F. 'the pmpdse oCtile merger. m put, is to protect 1hc business assets: fi'om 1be owner'g
~ DDd 10 allow for the conJIII.tfl!!d ~ 61lud:nre in 1h.at thew is a higher rn1lteOti.on
apiDst the Clllditms oftbe owm:rs afIbrded mlder state 1aw in at 1i.Dlbd.1iabiUty ~'~l~ straDtute. Aa
~ fhe ~Ol\ and. tmfs 'oontemp1m.ed In tis ~lan. are BIl D1'tt'mary and n~ iocdde:nt of the
I:OIlduct of the ~
G. The SurvjviDg Limited Liability CompaZIY &baD p0SBeS8 aU Che rigbi:s, prmb:ges,
POWer$. cwsa of actiau, mid 1rde:lest: offbc ~ Carporation; IDd all prc.~. realll!1d persotdIJ,
and all cIebt:$ due: CIIl ~ ~ and f!NeJ.Y ofher interest bekmging to or tine w the Mqing
CotporatiOD. r;haJJ be 'reSted in tbeSurriviag L~Liabl1ity ~~utf.brtbsr act ardeed.
Ii. The Surviving Limited LiabiliJy Company sltall be rellpongibl~ aDd ~lc for all of the
<!ebb, liabilities and obligations of 1I1e M=:giDg Coiporation; SlId an existmg or pfmdins c:!airns.
actions orpmceediogs l7y or against _ Merging Cotpomtfon by be posecuted 10 juc:tgmem u if the
~ hsd not tatr.a place, c. tho Surriririg Limirr:Jd I.iabWtr ~ JDS1 be ~ in 'the
place of~e Metging ~ BDd. neither tbe ngh1$ of credim nor any lieD$ u:pon the:: property of
f.l1e Merging Cotporation sbaU be impait1:d. by tG m.erger. . ..
. I. Wnb. ~ 10 eacIL entity. 1he ~ ~ of JiM ~ of ~ MetgiDg
C~ 1bat WIllI avail.a'b1e 10 support and pay d.i.strlbtttioo befbrc d1c ~ sbaU 'Cllnt.1 1.,tfI to be
.a:vailable for the p3jylDeI1t of distn1nttioDs by the Surviving LimitrJd Uabilily Compmry. e,KCt.'!pt to the
em:m tbat all or a partion oftb.olle' net assets may be ~ to th~ stated ~ of file Surviving
UmJi:ed LiabiIi1;y ~.
.>
I. 'the ClOSt or oChct basis man pr()pCrty 1r'lIndetred incideut to 1his )JJiIn shall be the 0081:
aDd basis as beld by the MetgW,g Co:rporatioQ.
FOVRm: ~ofOwnen:hip mk.....b
'!he tDaJtner and basis of coxmm.ing ~e ~~ shares,. obJ.l.gatt.o.a or other secUriti.e$ of =e~
mer~d party D,t;to the ~ ~ ob1f&ationlt or ~e:r secari.tief of the 5W:'Vivort in whole or in
~ iDto cash or otbe.r prope.rty are intmded. 10 comply wifh Sectiou. 36S(a.)(l)(F) of the Code and
s.~is ~ roUows:' . '
A. AU of the Sharcholck:r.s of~ Merging Corpomtion 8Ud the Members of the Sut'riving
L~ Liability C~ and the cnrtWrftdj"8 ~ of ~p percentage ~l~ issued
ar; identicaJ. At 8Dd after 1he E.fiedive Date, eJI orthe pmi~J' issued and. 0tttSIImdiDg sbaies 'of
~ stock of the ~ Cmpondion that wae i93U.ed sod ~ in::I:mediately p.rkrr to ~
~~vc Date sha1.l 'be BUtOm.Ed:i~ sum:ndcred and cmttXIlcd..
2
@@~~
OS/21/2B08 68:33 239-597-0578
May 21 08 06:55p NGALA Private Reserve
c._~ """-.1__,-..1',,
_...' ...., ~v_..,
" .
RWA INC
PAGE 05
Agenda pe:m No. 17 A
r-,.....;klne.t9-, 2009
Page 140 of 272
239-353-3237
~,'\ "'" ,....I.'U.&.
. .~
_. " . .1 . . ~
B. Upon 1l1c sm:readcr ad c:aDePlla!iOD of the ~. ~'$ v~bauJiu.g sn>ck
~ fhc Survivin,g Umlted u.bilil;v ~ dm1l issue W;f4\~ =1iD~ 1.C}1t.wSti:lJtblg
own.ersIPP oftbe ~ LimiIr.d LiBbilitr Ccmpaoy to tb= Member in IdcrdJcaI =~c..ts lIS ovrned
prior to th~ mergerlreorgauization. No money Of dim"bufions or other dispositknu .man be reeeiv~ or
gM::n Imdertbis Plan.
C. The MergiDg CaporaiioI1 and .the Surviring Limfted Lbbility ~ hereby
aclmawledge that the trausIw of ownership inte.(ests are to be treated as if the Stuvi'ring Limited.
Li~ Ccmpany received ~ ~ and ~ of the ~g Corporation in exchan~ 1ix- its
~ UDils ill a ~gptim. ~t1UlCJer Scctiou lO32(a)of1he Code.
D. In &Idition, the M'erging Carporation and '!be S1Jniving Limited Lisbitity Compltlf hereby
acknowledge 1haf: subsectucnt In the tnmsfi:r or ass:bJ for the ownetsbip ~ in the SwTiviDg
Limit:d LinI1ility ~ the ~ ~dtion s1ra1I1bezea1ttt issue the m~ UIrlts of tho
StttviviDg Limited Liability Company to if3 ~ders in ~~gt: tor the ~~$ I!tQck
~ClIte9 in the ~ Corporatio.o in a DOD-tel!lJgoitioo. e\1e1tt andet S~ 3S4(a)(1) of th~
~~ ' .
....)
J.1IFIH: The name($) and address{es} of ~ JrnIIlagcr(s) of 1h= g~ Limit#d Liability
CoDJ.pau;y me ~ fulll7WS:
R. Dono\'8n Smith Temmy Sn1i:th
27$S Inez Road SW . 275S Inez Road SW
Naples. Florida 34117 NIlp~ Florida ;4117
..J.
.' "; S~ SIGNA'1'UR:E(S)FORMOIPARlY:
Unde.r ~ of ~. we declare that we oonsetll b> tho above Plan of Merger and
~'oftbc Merging Colpoo1tion md StIm9iJ:Jg LiDlited Liability Cu.w~ and tbat we
have emnined this Plan, and to the best of our k:tlo\vledge 8nd belief; it is tnle:, coll'CCt, ud complete.
As an Officer of the: Merging CcIporaiion. and Mrmagers oftbe Surviving Umi1ed Liability Co.mpany~
we :further declare 1h:rl ~ ~ .mtborized ttJ c:ICCcIi!e 1b.i$ Pbm. and ~ CD its behalf.
NameofBmitv
CWSB-VP Cl$ATUR:E~
rNC.
CLOSE-l.JP CREA1't..J:RES.
LLC
SigJWme.and N~e ~
~. L-r- t-- ~ .
It. DcDol'm SU1ilh .
7l. cC- ~
~~~
Tmm:ny Smith
@}fJ;W'''<t
I:it1c or ~ositiQY
~
Manager
Manager
3
Agenda Item No. 17 A
June 9, 2009
Page 141 of 272
CU-2003-AR.3725 REV: 4
NGALA
Project: 2002090086
Date: 5/27/07 DUE: 6/24/08
October 19, 2007
Donovan Smith
Close-up Creatures Inc.
2755 Inez Rd
Naples, Florida 34117
Subject:
NGALA
Traffic Impact Statement
FIE No. 107055-01
Dear Mr. Smith:
Florida Transportation Engineering Inc. (FIE) was requested by. Close-up Creatures Inc
to prepare a traffic impact study (TIS) for the NGALA development in Collier County.
The following is a summary of OUT findings.
Introduction
NGALA is a Private Reserve development with five parcels, located at the southwest
comer of the intersection ofInez Rd and Keane Avenue in Collier County.
NGALA development consists of five parcels. Parcel 1, which consists of a residential
building and some animal enclosures, is not open to guests. Parcel 2 consists of a Private
Reserve, which contains 40x60 metal service building & bathroom, and one 5,600 sq ft
tent with corresponding out door area. Guests arrive at the location via motor coaches.
Parcels 3, 4 and 5 are currently vacant.
There are no known sites of this nature within or around Collier County. A project
location map is shown in Figure 1.
Trip Generation
As an adjunct to the private reserve use, NGALA conducts educational events as well as
corporate and other private functions. NGALA conducts these events mainly from 2nd
week of January to the end of May. The guests for these events travel the surrounding
roadway network via motor coaches. These motor coaches accommodate 30 to 55
persons per coach. These motor coaches drop off and pick up guests to and from the
location.
Florida Transportation Engineering, Inc.
8250 Pascal Drille
Punta Gorda, FL 33950
Ph: (941) 639-2818
"'ax: (941) 639-4851
7955 NW 12 Street Suite 418
Doral, Florida, 33126
Ph: (305) 463-6411
Fa:oc (305) 463-B7H
300 West Pensacola St Suite 116-U
Tallahassee, FL 32301
Ph: (650) 201.9480
Fsx: (850) 201 ~e790
12908 N 56th Street Sulte 205
Tampa, FL 33611
Ph: {813) 988-3180
Fax; (1313) 983--3850
)1'WW.fteinc.net
FTE
....v5J.~'\l6.,.Uk04 WClU.""I:f(~UWV-
Agenda Item No, 17 A
June 9, 2009
Page 142 of 272
Mr. Donovan Smith
October] 9, 2007
Page 2
An event can range from 10 guests to 1000 guests. On an average, the group size was
found to be about 150 people for most of the events. Estimated vehicle trips for average
group size are provided in Table 2. Calculation of estimated vehicle trips for a worst case
scenario for an event with 1000 guests, which rarely would happen, is also summarized in
Table 1.
Table 1
Summary of Estimated Vehicle Trips for Average Group Size Event and Worst case
Scenario Event
Average group Worst Case Scenario event
Estimated Types of Vehicles size event with with group size of 1000
150 oeoDle people
Motor Coaches/Buses (average 40 4 25
people in a coachlbus)
Catelillg Server Vehicle (with
typical server ratio of 1 server per 15 15*
10 guests)
Catering Vehicles 2 5
Production Staff Vehicles 5 10
Entertainment V ehic1 es 2 5
Single Performers with Specialty 2 5
Instruments
Private Limousines 1 3
Ice Truck / Water Truck and 3 3
Garbage Truck
Total Estimated Vehicles 34 71
'In case of bigger events the catering crew comes by motor coach owned by the catering company.
Table 2 below summarizes trips experienced by NGALA during their previous events.
Florida Transportation Engineering, Inc.
8250 Pascal Drive
Punta Gorda, Fl 33950
Ph: (941) 639-2818
Fa>:: (941) 639-4851
7955 NW 12 Street sune 418
Doral, Florida, 33126
Ph: (305) 463-8411
Fax: (305) 463-8744
300 West Pensacola St Su~e 118-U
Tallahassee, FL 32301
Ph: (350) 201.9480
Fax: (850) 201--8790
12909 N 56th Street Suite 205
T;'lmpa, FL 33617
Ph: (813) 988.3180
Fax: (813) 988-3850
www.fteinc.net
FTE
~'lWllIlIlIt._I'DR'" MoClI:I'I'UPlNM'Un~
Agenda Item No. 17 A
June 9,2009
Page 143 of 272
Mr. Donovan Smith
October 19, 2007
Page 3
Table 2
Summary of Trips Experienced By Previous Events
Type of Event Club Corporate Private
Meeting Function Function
(Average of 2
events)
Motor Coaches 1 1 2
Van Trips 1
Staff Vehicles 4 8 12
Ryder Trucks 2
Trailer Units
Wagon
Animal Trucks'" 1 1 2
Total Trips 6 10 19
* The Animal Trucks are used from south side of property to n01.th side. These are not 'Used on the
roadway.
As shown in Table 2, trips experienced in previous events are lower compared to the
estimated vehicle trips shown in Table 1 above.
As shown in Table 1 and 2, the NGALA development does not generate a significant
amount of traffic that would have an adverse impact on the surrounding roadway
netvvork.
Trip Distribution
NGALA has access to Inez Road via two one-way driveways. TIle motor coaches would
travel on 17th Street West and Keane Avenue (Unpaved Roadway) and then onto Inez
Road (Unpaved Roadway).
The project trips from the NGALA development were distributed 30 percent onto Collier
Boulevard (CR-951) north of Pine Ridge Road, 40 percent onto Collier Boulevard (CR-
951) south of Pine Ridge Road, and 30 percent onto Pine Ridge Road (CR-896) west of
Collier Boulevard. The project trip distribution of the development traffic on the
surrounding roadways is shown on Figure 2.
Florida Transportation Engineering, Inc.
8250 Pascal Drive
7955 NW 12 Street Suite 418
Doral, F'lorlda~ 33126
Ph: (305) 463-8411
Fax: {305) 463-6744
300 Wes1 Pensacola SI Suite 118.U
Tallahassee, FL 32301
Ph: (650) 201.9480
Fax: (850i 201-8790
12909 N 56th Street Suite 205
Tampa, FL 33517
Ph: (813) 988.3180
Fax: (613) 988-3850
Puma Gerda, FL 33950
Ph: (941) 639.2618
Fax: (941) 639-4851
www.fteinc.net
Agenda Item No, 17 A
June 9, 2009
Page 144 of 272
Mr. Donovan Smith
October J 9, 2007
Page 4
Based on the distribution discussed above, in the worst case scenario: the roadway link
on Collier Boulevard (CR-951) from Golden Gate Boulevard to Pine Ridge Road
consumes less than 1 percent (21 Vehicles) LOS "D" (2180 vehicles); the roadway link
on Collier Boulevard from Pine Ridge Road to Golden Gate Parkway consumes 1.1
percent (28 vehicles) LOS "D" (2360 vehicles); the roadway link on Pine Ridge Road
(CR-896) from Logan Boulevard to Collier Boulevard (CR-951) consumes less than 1
percent (21 vehicles) LOS "D" (2800 vehicles). The LOS service volumes were obtained
from the CoUier County Annual Update Inventory Report 2006 and a copy of the excerpt
is provided in Appendix A.
As discussed above, the NGALA development does not generate a significant amount of
traffic to have an adverse impact on the surrounding roadway network. Furthermore, it
should be noted that this NGALA development continues to conduct similar events since
past several years at the same location. Therefore, existing traffic onto surrounding
roadway network already accounts for the NGALA project trips.
In our professional opinion, the traffic generated by this development does not warrant a
full-blown traffic impact study. Typically,. when a full-blown TIS is not required, the
analysis is done to identify any site related improvements that are needed.
The NGALA development has two one-way access points from Inez Road. Inez Road is
not a through facility and does not have a significant amount of vehicles traveling on the
corridor. All vehicles coming to NG.A..LA would be traveling southbound on Inez Road
and would make a right turn into the development. No left turn movements are
anticipated from Inez Road. Due to the minimum number of vehicles that access these
driveways, no turn lanes are recommended at the project entrances.
Conclusion
The traffic resulting from the development will not have an adverse effect on the roadway
system in the area. No improvements are needed to the surrounding roadway network
due to this development.
Sincerely,
I\K' '1 ().
~I . ',_ ('j,,\1 lv',...:.;
1,,1.... yeu.
;.! .J ..-_:.-------::--
Venkat Vattikuti P.E.
Project Manager
Florida Transportation Engineering, Inc.
8250 P3scal Drive
7955 NW 12 Street SLJtte 418
300 West Pensacola SI Suite 118-U
Tatiahassee, FL 3230.1
Ph: (850) 201-9"80
Fax: (850) 201.8790
12909 N 56lh Street Suite 205
Tampa, FL 336i7
Ph: (S13) 98B-31BO
Fax: (813) 988-3850
0......... ,-,,_p,J_ t""'1 f),1"o,.,.ttA
I V'!lel o,jUIUC. rL. v~.::I;.1V
Ph: (941)639.2818
Fax: (941) 639.4851
Doral, Florida. 33126
Ph: (305) 463-8411
Fax: (305) 463-8744
www.fteinc.net
r
FIGURE 1
NGALADEVELOPMENT
.r' TRAFFIC IMPACT STATEMENT
PROJECT
LOCATION MAP
Appendix A
LOS Service Volumes Excerpts from Collier County AUIR 2006
Agenda Item No. 17 A
June 9, 2009
Page 147 of 272
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Agenda Item No. 17 A
June 9, 2009
Page 150 of 272
D'\1 A1NC.
CONS'UL TING
...L. '" , .L .....
. Planning . Visualization .
. Civil Engineering -Surveying & Mapping
LETTER OF TRANSMITTAL
TO:
Kay Deselem, Principal Planner
DATE:
February 25, 2009
PROJECT NAME:
NGALA CU-2003-AR3725
PROJECT NUMBER:
070054.00.00
We are sending the attached via:
o Client Pickup 0 Delivery
~ Mail
D Overnight
Action required:
o For approval
~ For your use
o As requested
D For review and comment
o Other
COPIES ,DESCRIPTION
1 Sign Posting Affida'vit
3 Photos of hearing signs
REMARKS:
SIGNED:
Anna Rosa
Planning Coordinator
TI [g(b';~O~~=
M FEB 2 6 2009 II
COPY TO: file
$:\2007\070054.00,00 NIP'I. Goodilio",,] UselOOOl General Co:\Sul.3lio" P1anuing\J'ublie fanieipatiouIPubli<: Hearing SignageI2009.02.25 Iran. Deselem.<\oe.
6610 Winow Park Drive, Suite 200, Naples, Florida 34109. (2391597-0575, fax: (239) 597-057S. www.consult-rwa.com
Agenda Item No. 17 A
June 9, 2009
Page 151 of 272
SIGN POSTING INSTRUCTIONS
(Section ]0.03.00, COLLIER COUNTY LAND DEVELOPMENT CODE (LDC))
A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar
days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through
the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be
construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the
LDC.
1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or
easement.
2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened
securely to a post, or other structure. The sign may not be affixed to a tree or other foliage.
3. The petitioner OT the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action
has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered umeadable, the petitioner or the
petitioner's agent must replace the sign(s
NOTE: AFTER THE SIGN HAS BEEN POSTED, TIllS AFFIDAVIT OF POSTING NOTICE SHOULD BE
RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE
ASSIGNED PLANNER.
AFFIDAVIT OF POSTING NOTICE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE TIlE UNDERSIGNED AUTHORlTY, PERSONALLY APPEARED Ro ert Mulhere
WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED B ION 10.03.00 OF THE
COLLIER COl.TNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER
CU-2003-AR-3725
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STREET OR P.O. BOX
CITY, STATE ZIP
day of .J.fh~ 200-.1 by
as identification
,,""~';frl.l ANNA ROSA
f~Atf(..~~.. MY COMMISSION 11 DD 599004
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Agenda Item No. 17 A
June 9, 2009
Page 155 of 272
ENVIRONMENTAL ADVISORY COUNCIL
Agenda Item VI D
STAFF REPORT
MEETING OF FEBRUARY 4th, 2009
I. NAME OF PETITIONER/PROJECT:
Petition No: Conditional Use-2003-AR-3725
Petition Name: Close-up Creatures, Inc. (NGALA)
ApplicantlDeveloper: Donovan Smith
Engineering Consultant: R W A, Inc.
Environmental Consultant: EarthBalance, Inc.
II. LOCATION:
The subject property, consisting of21:1: acres, is located on Inez Road S.W., at the
northwestern comer of the intersection of Inez Road and Kearney Avenue,
approximately Y4 mile south of Keene Avenue, in Section 30, Township 49 South,
Range 27 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
ZONING DESCRIPTION
N-
Agriculture
Agricultural uses
S-
Agriculture
Kerney Road, then residentially used tracts and
agricultural uses
E-
Agriculture
Inez Road, then agricultural uses
w-
Agriculture
Agriculturally used lands adjacent to the northerly
five acre tract and an undeveloped 10 acre tract that
is owned by the petitioner adjacent to the southerly
tract
IV. PROJECT DESCRIPTION:
The facility on site consists of a single family home, a large tent used for catered
meals and as the main event area, parking areas, restrooms for staff and visitors,
and pens or cages for various animals kept on site and used in the events. The
petitioner describes the facility as one that "offers alternative educational
EAC Meeting
Agenda Item No. 17 A
June 9. 2009
Page 156 of 272
Page 2 of]2
opportunities and additional learning opportunities. . .." The petitioner provides
the following more detailed explanation of the facilities on site:
Visitors to the facility are accepted by group appointment only, and unlike zoos
and roadside attractions, the facility is: not advertised to drive up visitors; not
open to drive-up patrons; not advertised with off-site signage; ticketed
admissions are not offered; animals are not on permanent display but housed
out of sight; animals are only exhibited for special pre-scheduled events; and
visitors and events occur only with a pre-arranged, scheduled appointment.
The petitioner is seeking after-the-fact approval of a conditional use to allow a
Cultural, Ecological or Recreational Facility pursuant to the Land Development
Code (LDC) Section 2.03.01.A.1.C.23, which is also known as Conditional Use
Number 23.
v. GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is presently designated AgriculturallRural, Rural Fringe
Mixed Use District (RFMUD), Sending Lands, on the Future Land Use Map
(FLUM) of the Collier County Growth Management Plan (GMP). Provisions
regulating Sending Lands are part of the Future Land Use Element (FLUE) of the
GMP. [Please note that in the following review, FLUE provisions are shown in
bold Arial style print, while staff analysis and commentary are provided in
conventional type.]
Ngala is characterized by a combination of land uses which do not operate
independently, but involve substantial elements of, and are interdependent on,
secondary or aceessory uses. As an example, although "animal and livestock
breeding" is an integral part of the overall operation - this activity is not
eonducted alone. During an on-site visit to the subject property by staff, the
owner indicated the breeding part of operations was limited to the exotic fish
observed in a pool. Proceeds from the sale of these fish help support other aspects
of operations. The owner explained that most of the other land animals kept there
were not being bred. Many of these animals came from zoos or zoo-like
environments where they had already interbred to the extent that additional
generations would not be of benefit. These animals no longer exemplify the
breed, and had been spayed or neutered so reproduction or additional breeding
\vere not possible.
EAC Meeting
Agenda Item No. 17 A
June 9, 2009
Page 157 of 272
Page 3 of 12
Land uses with no agricultural connection are not consistent with the FLUE unless
they can be clearly linked to the Interim Development Provisions for the
AgriculturallRural Assessment Area or the Agreed Order Abating Case.
Specific FLUE Considerations:
Land designated as Sending allows: low density residential uses; Right to Farm
Act-consistent agricultural uses; passive parks and recreational uses; habitat
preservation and conservation uses; sporting and recreational camps; certain
essential services; and, oil and gas exploration. The application of the RFMUD
Sending Lands standards would not allow many of the N gala activities without
special considerations - which are in place.
Applicable exceptions from meeting the limitations and standards otherwise
applied throughout the RFMUD are found in Section 4 of Rural Fringe Mixed Use
District provisions, as follows:
Exemptions from the Rural Fringe Mixed Use District
Development Standards -
The requirements of this District shall not apply to, affect or limit
the continuation of existing uses. Existing uses shall include:
those uses for which all required permits were issued prior to
June 19, 2002; or projects for which a Conditional use or Rezone
petition has been approved by the County prior to June 19, 2002;
or, land use petitions for which a completed application has been
submitted prior to June 19, 2002. The continuation of existing
uses shall include expansions of those uses if such expansions
are consistent with or clearly ancillary to the existing uses.
Hereafter, such previously approved developments shall be
deemed to be consistent with the Plan's Goals, Objectives and
Policies and for the Rural Fringe Mixed Use District, and they
may be built out in accordance with their previously approved
plans. Changes to these previous approvals shall also be
deemed to be consistent with the Plan's Goals, Policies and
Objectives for the Rural Fringe Mixed Use District as long as they
do not result in an increase in development density or intensity.
The Rural Fringe Mixed Use District is also subject to the Interim Development
Provisions adopted pursuant to the Final Order AC-99-002, issued June 22, 1999
by the Florida Governor and Cabinet. Those Provisions limited residential
development to a density of 1 dwelling unit/parcel of land as it existed June 22,
1999 and prohibited numerous uses, until an Assessment was completed for the
Agricultural/Rural area, subsequent GMP amendments were adopted pursuant to
the Assessment, and those amendments became effective.
EAC Meeting
Agenda Item r~o. 17 A
June 9, 2009
Page 158 of 272
Page 4 of 12
On June 19, 2002, the BCC adopted the Rural Fringe GMP amendments by
Ordinance No. 2002-32 based on the Assessment for the Rural Fringe area. The
Rural Fringe GMP amendments were found to be "in compliance" with Florida
Statutes by the Florida Department of Community Affairs (DCA); however, two
legal challenges were filed to appeal DCA's compliance determination. As a
result, the Rural Fringe amendments did not become effective until the Florida
Department of Community Affairs issued its Final Order on July 22,2003.
Current application materials indicate the Close-Up Creatures, Inc. (dba Ngala)
original application was submitted in February 2003.
Provisions were also written into the FLUE to cover a planning and zoning related
case submitted during this period of time, entitled Interim Development
Provisions for the AgrieulturallRural Assessment Area. These interim provisions
state, "[a]ny application for conditional use filed prior to July 22,2003, relating to
that land subject to an Agreed Order Abating Case dated April 8, 2003, which
application also includes properties under common or related ownership with and
operated and maintained by to same or related operator of such land, shall be
processed and considered pursuant to the Interim Development Provisions that
were in effect from March 7, 2001, until July 22,2003."
The subject property is within the Rural Fringe area and is designated Rural
Fringe Mixed Use Distriet (RFMUD), Sending Lands. The Close-Up Creatures
property is the subject of the Agreed Order, and this Conditional Use petition is
being processed and considered pursuant to the Interim Development Provisions
for the Agricultural/Rural Assessment Area, as applicable.
The essential provisions of the Agreed Order were written to extend privileges
offered by Section 4 of Rural Fringe Mixed Use District, above and would be
applicable to specific "existing uses" defined as "those uses for which all required
permits were issued prior to July 22,2003" or to "projects for which a Conditional
Use or Rezone petition has been approved by the County prior to July 22, 2003"
or to, "land use petitions for which a eompleted application has been submitted
prior to July 22, 2003".
The Agreed Order allows land use petitions to be considered by the County for
which a completed application had been submitted prior to July 22, 2003 for:
commercial or industrial development; [a] zoo, aquarium, botanical garden, or
similar uses; sports instructional camps or schools; and, recreational vehicle
parks. To the extent that the uses, operating in eombination, described in this
Conditional Use application CU-2003-AR-3725 for Close-Up Creatures, Inc. lie
within these parameters it may be considered in compliance with the Interim
Development Provisions for the Agricultural/Rural Assessment Area.
EAC Meeting
Agenda Item No. 17 A
June 9,2009
Page 159 of 272
Page 5 of 12
Determinations of Existing Uses Standing:
The continuation of "existing uses" includes expansions of those uses if such
expansions are consistent with, or clearly ancillary to, the "existing uses". Land
uses may be allowed to continue or expand in accordance with the provisions of
the Agreed Order, and they define the limits to the extended privileges.
Applications materials address these issues.
-,- --
One statement provided in application materials states that the existing land uses
were "loeated on the property since 1989." Additional explanation states, "Ngala
was originally created as a boarding and training facility for animals that. have
been housed on the property since 1989".
Determination of Agricultural Use Standing:
The applicant has identified specific uses requested In this Conditional Use
petition and has asserted the uses are agricultural In nature, or constitute
extensions of the agricultural use of the property.
Previous consideration taken by the County Code Enforcement Board (CEB)
indicated the "agricultural use" for the property was in question. The CEB had
requested submittal of eertain information by the petitioner to demonstrate/verify
the "agricultural use" of the property. No substantive materials assisted the CEB
with addressing this question. Enforcement proceedings were stayed and other
arrangements were made. According to an arrangement made outside the CEB,
the keeping of animals on the subject property did not rise to the standing as
principally - an agricultural land use. They are accessory or supplementary to the
commercial operations for which Ngala has beeome known.
The applicant's agent responds to the CEB's finding that the keeping of animals is not
principally an agricultural use, and intimates the CEB did not accurately assess the Ngala
safari experience. The premise that this is predominantly an agricultural operation is
reasserted. The "only (remaining) issue driving the CU requirement" is the commercial
aspeets of having customers visit the property.
Other Considerations:
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding
area. Comprehensive Planning leaves this determination to Zoning and Land
Development Review staff as part of their review of the petition in its entirety.
However, staff would note that in reviewing the appropriateness of the requested
uses on the subjeet property, the compatibility analysis might include a review of
both the subject proposal and surrounding or nearby properties with respect to
both agrieultural and non-agricultural uses, their intensities and densities,
EAC Meeting
Agenda item No. 17 A
June 9, 2009
Page 160 of 272
Page 6 of 12
building, structure and other facilities' location and orientation, traffic
generation/attraction, etc.
The Ngala land uses and activities do not fit neatly into a single category. The
operation does not qualify as a "farm," and Ngala as a "farming operation" when
considering every activity on the site. The all-inclusive safari experience does
however involve elements of agricultural and non-agricultural activities operating
in combination, which, when taken together, may be considered appropriate for
the subject property.
The Ngala land uses do not operate independently, and involve substantial
elements of, and are interdependent on, secondary or accessory uses. Staff
recommends that this activity be regulated with a suitable set of conditions to
ensure that N gala land uses eontinue operating in their eharacteristic combination.
Based upon the above analysis, staff concludes the proposed Conditional Uses for
Creative Creatures, Inc. in the Rural Fringe Mixed Use District, Sending Lands
may be deemed consistent with the Future Land Use Element.
Future Land Use Element:
Conservation & Coastal Mana!!:ement Element:
Objective 2.2 of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all appiicable federal, state, or local water quality
standards.
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, storm water systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge) to the estuarine system.
This project is consistent with policy 6.1 and 6.2 regarding the seleetion of
preserves. The property site contains 21.29 acres of which 20.08 acres is
considered native vegetation. The proposed native vegetation preserve of 3.01
acres fulfills the minimum requirement of 3.01 acres or 15% of the existing native
vegetation on site. A eonservation easement dedicated to Collier County shall be
placed over the preserve. Selection of native vegetation to be retained on site as a
preserve area is shown to be consistent with the GMP based on the following:
There were no listed species observed on site, and a portion of the on site
jurisdictional South Florida Water Management District (SFWMD) and United
States Army Corp of Engineers (USACE) wetlands shall be preserved.
EAC Meeting
Agenda Item No. 17 A
June 9, 2009
Page 161 of 272
Page 7 of 12
As required by policy 6.2.1, a wetland jurisdictional determination has been
conducted by the SFWMD (EIS Exhibit 9) and the USACE (EIS Exhibit 10).
As required by Policy 6.1.4, prohibited exotic vegetation has been removed and
shall be maintained in perpetuity.
The EIS required by Policy 6.1.8 has been prepared and is supplied as part of the
review packet for this submittal.
As required by Policy 7.1.2, a listed species survey was conducted on the property
and is contained in the EIS (Exhibit 12 and 13).
As required by Policy 11.1.2, an archeological survey was conducted and is
included in the EIS (Exhibit 14). The project will not impaet any known historic
or archeological sites.
VI. MAJOR ISSUES:
Stormwater Manaeement:
NGALA sits at the north end of the Henderson Creek Canal Basin (see attached
portion of Collier County Drainage Atlas), and therefore has an allowable
discharge rate of 0.15 cfs per acre. For the 21 (+/-) acre site they would be
allowed a maximum discharge of 3.2 cfs. The drainage atlas does not show any
clear route for the offsite discharge, but LiDAR topography ofthe area indicates a
southerly flow.
Because Collier County has relinquished its delegation of review authority from
the South Florida Water Management District (SFWMD), this project will submit
to SFWMD for an Environmental Resource Permit.
Environmental:
Site Descriution:
The project site consists of 20.08 acres of native vegetation aceording to the
definition in the GMP and LDC and has been verified by staff on site. On site
native vegetation communities include pine flatwoods (2.18:1: acres), mesic pine
flatwoods/Western Everglades hardwoods (8.68 :I:acres), cabbage palm/saw
palmetto (1.89:1: acres), and eypress/pine/cabbage palm (2.73:1: acres).
Wetlands:
There are approximately 2.73:1: acres of SFWMD and USACE jurisdictional
wetlands on site. The wetland lines have been approved by the SFWMD and the
USACE. The results of the jurisdictional determination are included on the
wetlands map in the EIS (Exhibit 9). The forested wetlands on site include a
EAC Meeting
Agenda Item No. 17 A
June 9, 2009
Page 162 of 272
Page 8 of 12
mixed canopy of pine and cypress trees and cabbage palm in the understory. Due
to changes in hydrology, some areas are showing encroachment from upland
vegetation as well as some exotic/nuisance vegetation. A de minimis impact of
0.035 acres to the on site wetlands is the result of the construction of an animal
round pen used for training purposes. The location of the round pen is shown in
the EIS (Exhibit 8). Verification of any wetland impacts shall be done by the
SFWMD during the required Environmental Resources Permit (ERP) process.
There are no additional wetland impacts proposed on the NGALA property.
Preservation Requirements:
The project area is located in the sending lands as part of the Rural Fringe Mixed
Use Distriet (RFMU). The current native preservation requirement for any
development within the boundaries of the RFMU sending lands is 80%. Although
on June 19, 2002, the Board of County Commissioners adopted the Rural Fringe
GMP amendments, the Rural Fringe amendments did not become effective until
July 22, 2003. Under the Interim Development Provisions for the
Agricultural/Rural Assessment Area, any land use petitions for which a completed
application had been submitted prior to July 22, 2003 would be exempt from the
proposed RFMU criteria that was adopted but not yet put into effect. This project
was reviewed against the baseline standard of 15% for a commercial use since the
project's original application was submitted in February 2003.
The proposed native vegetation preserve of 3.01 acres fulfills the minimum
requirement of 3.01 acres or 15% of the existing native vegetation on site.
The project proposes to preserve 1.35:r acres of SFWMDIUSACE jurisdictional
wetlands and 1.66 :r acres of upland habitat. The preserve is located in the
northwest corner of the property which provides possible future connection to
potential offsite preserves.
Listed Species:
The most recent listed species survey was condueted by Earthbalace, Inc. on the
project site in May, 2007(EIS Table 1). An updated gopher tortoise (Gopherus
polyphemus) survey was also conducted on May 14th, 2008 and is contained in
the EIS. (Exhibit 12). No listed species were observed on site and no evidence of
gopher tortoise burrows or utilization by gopher tortoises were found. In October
2002, during a previous listed species survey, a Red-Cockadcd Woodpecker
(RCW) was observed foraging on the site. As a result, a formal RCW survey was
performed in July, 2004. During that survey no RCW individuals or nest cavity
trees were observed. The United States Fish and Wildlife Service (USFWS) has
been notified of the project and through e-mail correspondence no additional
RCW surveys are required. (EIS Exhibit 13). There were no observations of
Florida panther (Puma conca/or coryi), Florida black bear (Ursus americanus
EAC Meeting
Agenda Item No. 17 A
June 9,2009
Page 163 of 272
Page 9 of 12
floridanus), or Big Cypress fox squirrel (BCFS) (Scirus niger avicennia) on the
project site. However, this project is located in primary Florida panther and
Florida black bear habitat and contains potential habitat for the Big Cypress fox
squirrel as well. Teehnical assistance regarding possible mitigation for impacts to
the primary panther habitat shall be forwarded to staff upon receipt. A Florida
black bear and BCFS management plan shall be required on the site plan.
VII. RECOMMENDATIONS:
Staff recommends approval of Conditional Use CU-2003-AR -3725 "NGALA"
with the following conditions:
As noted on sheet 3 of the conditional use site plan, if no further permitting for all
existing improvements is required, then the below mentioned conditions of
approval shall be required prior to conditional use approval. If a site development
plan (SDP) application is to be submitted in the future for the current impacts,
then the following conditions of approval will be required at the time of SDP
submittal.
Stormwater Mana!!ement:
1) This project must obtain an Environmental Resource Permit from the South
Florida Water Management District.
Environmental:
1) Provide a preserve management plan on the site plan including methods of
exotic vegetation removal and maintenance and Florida black bear and Big
Cypress fox squirrel management plans.
2) 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.
3) Provide a legally sufficient title opinion and conservation easement. The
conservation easement shall be recorded within 90 days of the determined
final development order.
EAC Meeting
Agenda Item No. 17 A
June 9. 2009
Page 164 of 272
Page I 0 of 11
PREPARED BY:
IGt S'/1 NO~
ST AN CHRZANOW KI, P .E. DATE
ENGINEERING RE EW MANAGER
ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT
~
{9~
I_J~~O I
DATE
CHRIS D'ARCO
ENVIRONMENTAL SPECIALIST
ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT
~ 'f31M ~Iffi}
KA SELEM
PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
1- 1'1-09
DATE
EAC Meeting
Page 11 of 11
REVIEWED BY:
SUS
ii:QQ.. ,~~J -
LIAM D.L N~<Jr., P.E.
ENGINEERING AND ENVIRONMENTAL SERVICES DIRECTOR
~ C. Wn~
STEVEN WILLIAMS
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
SEPH K. SCH I T
OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRA TOR
Agenda Item No. 17 A
June 9, 2009
Page 165 of 272
l/~~7
DATE
0/.14-0'
DATE
!-/S~i
DATE
,;,1'
DA E
CLOSE-UP CREATURES, INC.
(NGALA)
ENVIRONMENTAL IMPACT STATEMENT
SEPTEMBER 2003
(Revised AUGUST 2007)
(2nd Revision SEPTEMBER 2008)
Prepared for
Mr. and Mrs. Donovan Smith
2755 Inez Road
Napies, Florida 34117
Prepared by
EarthBalance@
2579 North Toledo Blade Boulevard
North Port, Florida 34289
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June 9, 2009
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TABLE OF CONTENTS
APPLICANT INFORMATION
MAPPING AND SUPPORTING GRAPHICS
General Location Map
Native Habitats
Topography
Soils
Drainage Plan
Development Plan
Native Areas
RLSA or RFMU District
PROJECT DESCRIPTION AND GMP CONSISTENCY
DETERMINA TION
Project Description
Growth Management Plan
NA TIVE VEGETATION PRESERVATION
Florida Land Use, Cover, and Forms Classifications System
Descriptions
Native Vegetation Preservation Requirement
Agricultural Lands
Previous Development Order Approvals
Special Treatment "ST" Overlays
\VETLANDS
Jurisdictional Wetlands
Seasonal and Historic High Water Levels
Wetlands to be Impacted
Compensate for Wetland Impacts
SURFACE AND WATER MANAGEMENT
Water Management System
Water Quality
Well-field Risk Management Special Treatment Overlay Zones
LISTED SPECIES
Plant and Animal Species Survey
Listed Species within Similar Habitats
Impacts to Species of Special Status
Habitat Management Plans
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FWC and FWS Correspondence 23
OTHER 23
Docking Facilities 24
Environmental Assessments or Audits 24
Big Cypress Area of Critical State Concern Special Treatment
Overlay District 24
Soil or Ground Water Reports 24
Florida Master Site File or Historic Archaeological Surveys 24
LIST OF EXHIBITS
Exhibit 1 - Resume
Exhibit 2 - Location Map
Exhibit 3 - FLUCFCS/Habitat Map
Exhibit 4 - Letter from Florida Department of Agriculture and Consumer Services
Exhibit 5 - USGS Topographic Map
Exhibit 6 - Collier County Soils Map
Exhibit 7 - Survey Development Plan
Detail 1 - Meeting/Entertaining Facility
Detail 2 - Residential Unit
Detail 3 - Animal Areas and Storage Facility
Exhibit 8 - Native Habitat, Preservation, and Wetland Impact Map
Exhibit 9 - SF\VMD Wetland Jurisdictional Determination Letter
Exhibit 10 - U.S. Army Corps of Engineers Wetland Jurisdictional Determination
Letter
Exhibit 11 - Listed Species that Potentially Occur in Collier County
Exhibit 12 - Updated Formal Gopher Tortoise Survey
Exhibit 13 - Email Correspondence with U.S. Fish and Wildlife Service
Exhibit 14 - Master Site File Letter
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CLOSE-UP CREATURES, INC.
(D.B.A. NGALA)
ENVIRONMENTAL IMPACT STATEMENT
As the previous Environmental Impact Statement (EIS) was submitted in September
2003, revisions to this EIS were made per the request of Collier County Environmental
Planning staff in August 2007 and final revisions in September 2008. The EIS has been
revised and formatted according to Section 10.02.02 of the Collier County Land
Development Code.
(lO.02.02)(A) (4) a. APPLICANT INFORMATION
i. Responsible owner(s)/agent(s) who wrote the EIS and his/her education and
job related environmental experience.
EarthBalance@ (Agent) Senior Biologist, Tammy Lyday, prepared the EIS for Mr. and
Mrs. Donovan Smith (owners). Tammy Lyday received a Bachelor of Science in
Zoology and a Master of Science in Fisheries and Aquatic Sciences from the University
of Florida. Her ten years of experience after schooling include research on the
Stormwater Treatment Areas phosphorus removal efficiency associated with the
Everglades Restoration Project for the South Florida Water Management District. Ms.
Lyday is a Senior Biologist for EarthBalance@ for the past seven years. Her resume is
attached as Exhibit 1.
ii. Owner(s)/agent(s) name, address, phone number and email address
EarthBalance@ has been hired by Mr. and Mrs. Donovan Smith (owners). EarthBalance@
is responsible for the completion of the EIS and supporting environmental fieldwork.
The project manager at EarthBalance@ is Senior Biologist Tammy Lyday.
Contractor:
Address:
Phone:
Fax:
Email:
EarthBalance@
2579 North Toledo Blade Boulevard, North Port, Florida 34289.
(941) 426-7878
(941) 426-8778
tl y day(cI),earth bal an ce. com
(10.02.01) (4) (b).
MAPPING AND SUPPORTING GRAPHICS
i. General Location Map
The property is approximately 21.29 acres. The property site is located in SE )t4 NE )t4
Section 30, Township 49 South, Range 27 East in Collier County. The physical address
is 2755 Inez Road, Naples, FL 34117 and the strap number is 492730 009.0004C30. This
address and strap number are for the residential parcel. The Smith family owns four
other adjacent parcels. The property is located on Inez Road and Kearney A venue. A
general location map is provided as Exhibit 2.
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ii. Native habitats and their boundaries identified on an aerial photograph of
the site extending at least 200 feet outside the parcel boundary. This does
not mean the applicant is required to go on to adjacent properties. Habitat
identification consistent with the Florida Department of Transportation
Florida Land Use, Cover, and Forms Classification System (FLUCFCS)
shall be depicted on an aerial photograph having a scale of one inch equal to
at least 200 feet when available from the County. Other scales may be used
where appropriate for the size of the project, provided the photograph and
overlays are legible at the scale provided. A legend for each of the
FLUCFCS categories found onsite shall be included with the aerial.
An aerial with the FLUCFCS and wetland map is included as Exhibit 3 and the native
habitats have been identified on the aerial extending 200 feet outside the property
boundary.
Hi. Topographic map, and existing drainage patterns if applicable. Where
possible, elevations within each of the FLUCFCS categories shall be
provided.
Elevations for this area are between 12 and 13 feet above sea level according to the
USGS topographic map (Exhibit 5). The majority of the site is upland habitat comprised
of pine-cypress mixed and pine flatwood communties. The topography of the site is
relatively flat other than the slightly depressed wetland area. Surrounding ranchettes, dirt
roads, agricultural activities, and other human activities have altered the hydrology in the
area. Dirt access roads help outline the perimeter of the eastern and southern property
boundaries while disconnecting habitats to some extent. There is an oak tree nursery and
a pig farm bordering the western edge of the property leaving little buffer for the native
habitats on site. Each of these factors have influenced and changed drainage patterns that
once occurred.
iv. Soils Map at a scale consistent with that used for the Florida Department of
Transportation Florida Land Use, Cover, and Forms Classification System
determinations.
A Collier County soils map is included and is attached as Exhibit 6.
Soils Unit Description Classification
10 Oldsmar Fine Sand with Non-hydric
limestone substrate
18 Riviera Fine Sand with a Hvdric
limestone substratum .;
v. Proposed drainage plan indicating basic flow patterns, outfall and offsite
drainage.
As previously indicated, there is no need for a drainage plan because there are minimal
impervious surfaces and there is little runoff from cleared areas that would require
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treatment. The land use will not affect off-site drainage. If a water management plan is
required, it will be developed and submitted as part of a subsequent Development Order.
The survey for the property and existing physical features is provided as Exhibit 7.
Currently, a two-story residence and the entertainment area (including public restrooms)
are the only major structures on the property. The main meeting/entertainment area is
constructed using a semi-permanent tent. These structures can be viewed more closely in
Exhibit 7, Details 1, 2, and 3.
vi. Development Plan including phasing program, service area of existing and
proposed public facilities, and existing and proposed transportation
network in the impact area.
The service area of existing and proposed public faeilities has not been affected by the
endeavors of NGALA. The existing transportation network consists of paved roads and
dirt roads. County road maintenance ends approximately one mile from the entrance gate
of NGALA. The majority of events held on the site have minimal effect on the
transportation network or traffic. The use of motorcoaches is employed when groups
visit the site. This minimizes impacts on the transportation network. The existing
transportation network will include Pine Ridge Road, County Road 951, White
Boulevard, 23rd Street, 16th Avenue, 17th Street, Keane Avenue, and Inez Road.
The survey for the property and existing physical features is provided as Exhibit 7.
Currently, a two-story residence and the entertainment area (including public restrooms)
are the only major structures on the property. The main meeting/entertainment area is
constructed using a semi-permanent tent. These structures can be viewed more closely in
Exhibit 7, Details 1,2, and 3.
vii. Site plan showing preserves on-site, and how they align with preserves on
adjoining and neighboring properties. Include on the plan locations of
proposed and existing development, roads, and areas for storm water
retention, as shown on approved master plans for these sites, as well as
public owned conservation lands, conservation acquisition areas, major
flowways and potential wildlife corridors.
The site is zoned agricultural for current and future land use. The site is currently being
used for low impact rural residential, agricultural and agri-tourism, and passive
recreational uses. The majority of the site is undeveloped. The site has been somewhat
disturbed by human activity, but nonetheless contains good quality pine flatwoods and
mesic pine flatwoods-cypress uplands, cypress-pine-cabbage palm wetlands, and other
native habitats. The parcel is bordered by high impact agricultural endeavors to the west
and south. Inez Road borders the east side of the property and Keamy Avenue borders
the southern property boundary. The surrounding land uses include estates with most
parcels a minimum of 2.5 acres and agriculture/rural mixed uses. No adjoining preserves
are currently known on neighboring properties. The existing land use map and
surrounding areas are shown in Exhibit 3.
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viii. Properties located in the RLSA or RFMU District
The project site is located in the RFMU district. However, NGALA is exempt as the
"existing use" of the previous submittal included agricultural practices and the original
application of the Conditional Use was submitted prior to July 22,2003.
According to the Collier County Future Land Use Designation Description Section
Agricutural/Rural, "any application for conditional use filed prior to July 22, 2003,
relating to that land subject to an Agreed Order Abating Case dated April 8, 2003, which
application also includes properties under common or related ownership with and
operated and maintained by the same or related operator of such land, shall be processed
and considered pursuant to the Interim Development Provisions that were in effect from
March 7, 2001, until July 22, 2003."
"Hereafter, such previously approved developments shall be deemed to be consistent with
the Plan's Goals, Objectives and Policies and for the RFMU district, and they may be
built out in accordance with their previously approved plans. Changes to these previous
approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives
for the RFMU district as long as they do not result in an increase in development density
or intensity."
10.02.01 (4) (c)
PROJECT DESCRIPTION AND GMP CONSISTENCY
DETERMINA TION
i. Provide an overall description of the project with respect to environmental
and water management issues.
The property is zoned as agricultural land and contains a single-fa..'TIily residence. The
property is currently being used for low impact rural residential, agricultural, agri-
tourism, and as passive recreational uses, all of which fall within the criteria of the
Collier County Land Development Code, Section 2.04.03 of the Agricultural zoning
District. NGALA has a federal farm and tract Id, and is designated within the
Agricultural/Rural Use District. The owner currently has a Collier County Pet Shop
Permit (02-028), a permit with the Florida Fish and Wildlife Conservation Commission
(Permit EPB 36045) to sell or exhibit animals, and a United States Department of
Agriculture License (58-C-0455) to exhibit these animals as a bona fide agricultural
activity. In addition, a letter from the USDA Natural Resources Conservation Service
(NRCS) states that NGALA falls under Alternative Enterprises, Recreation, and Tourism.
With respect to environmental and water management issues, the current site plan shows
that a large portion of native upland habitats exist on site. The proposed development has
been designed to minimize impacts to the native habitats that naturally enhance the
setting for this t)rpe of endeavor. The agri~ecotourism component of the use allovvs the
landowner to preserve more native habitats on site than surrounding row crops and
landscape nurseries.
This project proposes a preservation area of 3.01 acres located in the northwest comer of
the parcel. The native vegetation in this area is a mix of higher quality Cypress-Pine-
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Cabbage Palm wetland and Pine Flatwood and Mesic Pine FlatwoodIW estern Everglades
Hardwood uplands. A Native Habitat, Preservation, and Wetland Impact Map is attached
as Exhibit 8. In addition, the project has maintained over 83% of the natural vegetative
communities that currently exist while removing vegetation that is considered nuisance,
invasive, and/or exotic species. Preserving these areas in large clusters and intermixing
faeilities within the habitats have maintained the wildlife value. This preservation will
also add to aesthetics. The use of native and tropical plantings around the buildings has
maintained a pristine landscape while keeping the site more consistent with "natural
Florida."
Cultural resources do not exist on the property and therefore will not be affected.
Currently, the 2.73-acre Cypress-Pine-Cabbage Palm wetland located within the project
boundaries is moderate quality that may support a wide variety of wetland-dependant
species. A de minimis impact (0.035 acre) to this wetland has occurred as a result of an
animal round pen. This impact falls under an agricultural exemption as further described
in Section 10.02.01 (4)(c)(ii). A wetland jurisdictional determination was completed on
May, 10, 2004, and the State will claim this area as jurisdictional. Please see Exhibit 9
for the SFWMD Wetland Jurisdictional Determination Letter and approved Jurisdictional
Wetland Line.
To further minimize environmental impacts and water management issues associated
with the range of uses on the projeet site, the owner conducted research on what type of
structures to use to minimize impacts. The decision about how to proceed was clearly
thought out and plans revised before a choice of aetion was determined. The knowledge
base of the owner, along with input from other wildlife colleagues, Walt Disney's Animal
Kingdom, military personnel, and research published by the University of Florida, were
utilized in the site plan design.
The eurrent treatment facilities on site include two raised septic systems that are used to
manage and treat wastewater. The first is for the single-family unit that will not be used
for public use. The second is located just behind the meeting/recreation/entertainment
facility. Engineers customized the wastewater facility to meet the needs of this site.
When larger groups utilize the site, convenience rooms (high end portable bathrooms that
function like port-o-Iets) are brought in to accommodate those needs. This further
eliminates added environmental impacts. An on-site well is used to supply water to the
facility. The treatment system, which has a 1,050-gallon capacity with a 630 square foot
drain field, rarely reaches 75% of its capacity. Septic standards have been met with the
Collier County Health Department (Septic Permit 01N-004). The septic system filters
out solids allowing them to settle. These solids are then removed periodically by a
private company for proper disposal. One additional treatment facility may be
constructed (if needed) at a later date to serve the western II acres. Liquid and solid
effluents are standard household wastes. A liccnsed septic company, in accordance with
standard operating procedures set forth by Collier County and the State of Florida, will
handle material that must be removed from the system.
~".,..-
In addition, the existing development has created minimal impervious areas on the site.
Infrastmcture includes flooring for animal cages, a cement pad In the
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meeting/entertainment area, and cement pads under the storage facility. These
impervious surfaces affect approximately 0.35 acre or 1.26% of the groundwater recharge
areas (including the residential unit). To minimize water quality impacts, the roadways
and parking areas are constructed of crushed limestone. This allows water to infiltrate
and contribute to groundwater recharge with minimal negative effect. The site plan also
addressed upland areas and the location of the roads and buildings to minimize the
number of trees and the amount of habitat that had to be removed. Concerns have been
raised about animal wastes. All of these wastes are disposed within the guidelines set
forth by the United States Department of Agriculture. In addition, landscape needs and
central waste facilities (i.e., dumpsters and recycling bins) will have minimal effects on
water quality.
Annual drawdown levels for groundwater should not be signifieantly changed. The
building sites (excluding the residential unit) were leveled at grade. The only build-up of
these semi-permanent structures is the cement pads that are no more than 6 inches thick.
Therefore, current water levels will not be changed. The project is connected to a well
(CCI0I000F) that contributes to direct drawdown. However, these drawdown changes
will be temporary and minor. The limited use of the facility will have minimal short-term
effects on draw down and groundwater levels.
Because there are no overnight facilities and water consumptions are based on an average
per day usage, it is difficult to determine the annual consumptive use rate. The fact that
the facilities are not used on a daily or regular basis also makes it difficult. However,
NGALA has been issued a general use permit (Permit Number 11-02129-W) to allow a
maximum use of 730,000 gallons of water per year. This use equates to a consumptive
use of 2,000 gallons per day for the meeting/recreational uses. The State of Florida
Department of Health has issued a drinking water permit (11-57-00938). The residential
unit is not calculated into this consumptive use agreement. Based on individual water use
rates, the residence will use an estimated 500 gallons of water per day. This equates to
182,500 gallons per year.
ii. Explain how the project is consistent with each of the Objectives and Policies
in the Conservation and Coastal Management Element of the Growth
Management Plan, where applicable.
The project is consistent with the following policies and objectives.
Objective 6.1
The County shall protect native vegetative communities through the application of
minimum pre!.;ervation requirements. The following policies provide criteria to make
this objective measurable. These policies shall apply to all Collier County except for
the Eastern Lands Study Area, for which policies are required to be adopted by
November 1, 2002.
The project is consistent with Objective 6.1. Of the total project area (21.29 acres),
approximately 20.08 acres have been identitied as native upland and wetland vegetative
communities. A 15% preservation area (3.0 1 acres) has been designated in the northwest
comer of the property'. The native vegetation in t.~is preserve area includes a mixture of
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pine flatwoods and mesic pine flatwoodslW estern Everglades hardwoods. The habitats
are high quality for this area. The preservation area is contiguous with native areas to the
west and a portion to the north. The preservation area will remain in its natural state as
stipulated by Collier County.
Policy 6.1.2:
For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native
vegetation shall be preserved on site through the application of the following
preservation and vegetation retention standards and criteria:
Preservation and Native Vegetation Retention Standards:
a. Receiving Lands:
A minimum of 40% of the native vegetation present, not to exceed 25% of the
total site area shall be preserved.
b. Neutral Lands:
A minimum of 60% of the native vegetation present, not to exceed 45% of the total
site area shall be preserved, except that, for Section 24, Township 49 South, Range
26 East, located in the North Belle Meade Overlay, a minimum of 70% of the native
vegetation present, not to exceed 70% of the total site area, shall be preserved.
The following standards and criteria shall apply to the vegetation retention
requirements referenced above:
(1) For the purpose of this policy, "native vegetation" is defined as a vegetative
community having 25% or more canopy coverage or highest existing vegetative
strata of native plant species. The vegetation retention requirements specified in
this policy are calculated on the amount of "native vegetation" that conforms to
this definition.
(2) The preservation of native vegetation shall include canopy, under-story and
ground cover, emphasizing the largest contiguous area possible, which may include
connection to offsite preserves. The purpose for identifying the largest contiguous
area is to provide for a core area that has the greatest potential for wildlife habitat
by reducing the intelface between the preserve area and development which
decreases the conflicts from other land uses. Criteria for determining the
dimensional standards of the preserve are to be set out in the Land Development
Code.
(3) Areas that fulfill the native vegetation retention standards and criteria of this policy
shall be set aside as preserve areas. On-site and off-site preserve areas shall be
protected by a permanent conservation mechanism to prohibit further development,
consistent with the requirements of this policy. The type of conservation
mechanism, including conservation easements, required for a specific development
may VQJY based on preserve area size, type of development approval, and other
factors, as setforth in the County's land development regulations.
(4) Selection of native vegetation to be retained as presen'e areas shall reflect the
following criteria in descending order of priority:
a. Wetland or upland areas known to be utilized by listed species or that serve as
corridors for the movement of wildlife shall be preserved and protected in order
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to facilitate the continued use of the site by listed ~pecies or the movement of
wildlife through the site. This criterion shall be consistent with the requirements
of Policy 7.1.1 and 7.1.2 of this element.
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks.
c. On site wetlands preserved pursuant to Policy 6.2.5 of this Element;
d. Any upland habitat that serves as a buffer to a wetland area, as identified in (4)c.
above.
e. Dry Prairie, Pine Flatwoods, and
f. All other native habitats.
As a result of its pre-existing use of agricultural, NOALA is exempt from Policy 6.1.2.
As previously stated, exemptions from the requirements of Section 3.05.07F through
3.05.09 shall not apply to, affect, or limit the continuation of uses within the RFMUD
that existed prior to July 22, 2003. NOALA is exempt as the "existing use" of the
previous submittal included agricultural practices and the original application of the
Conditional Use was submitted prior to July 22, 2003. Therefore, this revised EIS shall
be processed and considered pursuant to the Interim Development Provisions that were in
effect from March 7,2001, until July 22,2003.
The applicant has designated a 15% preservation area located in the northwest corner of
the property. The native vegetation in this preserve area includes a mixture of pine
flatwoods and mesic pine flatwoodslW estern Everglades hardwoods. The habitats are
high quality for this area. The preservation area is contiguous with native areas to the
west and a portion to the north.
Moreover, according to the Collier County Land Development Code, Section 3.05.02,
Exemptions from Requirements for Vegetation Protection and Preservation, states that
agricultural operations that fall within the scope of Sections 163.3162(4) and 823.14(6),
Florida Statutes, are exempt from the provisions of Section 3.05.03 through 3.05.09,
provided that any new clearing of land for agriculture outside of the RLSA District shall
not be converted to non-agricultural development for 25 years, unless the applicable
provisions set forth in Section 3.05.04 through 3.05.07(0) are adhered to at the time of
the conversion. The percentage of native vegetation preserved shall be calculated on the
amount of vegetation occurring at the time of the agricultural clearing, and if found to be
deficient, a native plant community shall be restored to re-create a native plant
community in all three strata (ground covers, shrubs and trees), utilizing larger plant
materials so as to more quickly re-create the lost mature vegetation.
Policy 6.1.4:
Prohibited invasive exotic vegetation shall be removed from all new developments.
(1) Applicants for development permits shall submit and implement plans for
invasive exotic plant removal and long term control.
(2) }rfaintenallce plans shall describe specific techniques to prevent re-invasion
by prohibited exotic vegetation of the site in perpetuity.
(3) The County shall maintain a list ofprohibited invasive exotic vegetation in the
Land Development Code and update is as necessalY.
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The project is consistent with Policy 6.1.4. In an effort to maintain diversity, provide
aesthetics, and maintain habitat for wildlife, the NGALA property has maintained over
83% of the natural vegetative communities that currently exist while continually
removing nuisance, invasive, and/or exotic vegetative species on the property.
Policy 6.1.8:
An Environmental Impact Statement (EIS) is required, to provide a method to
objectively evaluate the impact of a proposed development, site alteration, or project
upon the resources and environmental quality of the project area and the community
and to insure that planning and zoning decisions are made with a complete
understanding of the impact of such decisions upon the environment, to encourage
projects and developments that will protect, conserve, and enhance, but not degrade,
the environmental quality and resources of the particular project or development site,
the general area and the greater community. An EIS shall be required for:
1. Any site with an ST or A CSC-ST overlay, or within the boundaries of
Sending Lands or NRP As.
2. All sites seaward of the Coastal High Hazard Area boundary that are 2.5
or more acres.
3. All sites landward of the Coastal High Hazard Area boundary that are
ten or more acres.
4. Any other development or site alteration, which in the opinion of the
development services director, would have substantial impact on
environmental quality.
The project is consistent with Policy 6.1.8. An Enviromnental Impact Statement (ElS)
has been provided to Collier County.
Objective 6.2:
The County shall protect and conserve wetlands and the natural functions of wetlands.
The following policies provide criteria to make this objective measurable. These
policies shall apply to all of Collier County except for the Eastern Lands Study Area,
for which policies are required to be adopted by November 1,2002.
The project is consistent with Objective 6.2. The site contains a 2.73-acre forested
freshwater wetland. The wetland has been classified according to the FLUCFCS. Under
this classification, the wetland habitat is best described as Cypress-Pine-Cabbage Palm
(FLUCFCS 624-1). SFWMD staff verified and approved the wetland limits on May 10,
2004. Please see Exhibit 9 for the SFWMD approved Wetland Jurisdictional
Determination.
This forested wetland has a mixed canopy including cypress, pine, and cabbage palm.
Numerous hydrophytic species are located within the groundcover including woodsage,
maidencane, catch\.veed bedstra'vv and bushy broom grass, to name a few. As mentioned
above, this wetland habitat exhibits seasonal ponding, which is evident from occasional
algal matting and adventitious rooting. This area has been maintained by removing
melaleuca.
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A de minimis impact (0.035 acre) to the on-site wetland was a result of incidental
development of a round pen. The sole purpose of the round pen is for the training of
animals and it is undoubtedly an agricultural apparatus; the de minimis impact includes
clearing, fencing, and contouring to prevent soil erosion, all of which are exempt under
Florida State Statue 403.927 (2) (A):
"Agricultural activities" includes all necessary farming and forestry
operations which are normal and customary for the area, sueh as site
preparation, clearing, fencin~, eontouring to prevent soil erosion, soil
preparation, plowing, planting, harvesting, construction of access roads,
and placement of bridges and culverts, provided such operations do not
impede or divert the flow of surface waters.
The majority of the wetland area is transitional because hydrology has significantly
changed over time and upland vegetation and nuisance/exotic species have encroached.
The impact included a few pine, cypress, and cabbage palm. The Native Habitat,
Preservation, and Wetland Impact Map, attached as Exhibit 8, shows the location of the
wetland impact and the remaining native wetland and upland habitat on the NGALA
property .
Policy 6.2.1:
As required by the Florida Administrative Code 9J5-5.006(1)(b), wetlands identified by
the 1994-95 SFWMD land use and land cover inventory are mapped on the Future
Land Use Afap series. These areas shall be verified by a jurisdictional field
delineation, subject to Policy 6.2.2 of this element, at the time of project permitting to
determine the exact location of jurisdictional wetland boundaries.
The project is consistent with Policy 6.2.1. SFWMD staff verified and approved the
wetland limits on May 10, 2004. As previously mentioned, the SFWMD approved
Wetland Jurisdictional Determination is attached as Exhibit 9. In addition, the U.S.
Army Corps of Engineers has jurisdiction of the wetland on site. A copy of the approved
jurisdictional determination form is enclosed as Exhibit 10.
Policy 6.2.2:
Wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location
of jurisdictional wetland boundaries are further described by the delineation
methodology in Section 373.421 Florida Statutes.
The project is consistent with Policy 6.2.2. The wetland boundaries were delineated by
EarthBalance@ biologists using the delineation methodology in Section 373.421, Florida
Statutes. As previously mentioned, the SFWMD approved Wetland Jurisdictional
Determination is attached as Exhibit 9. In addition, the U.S. Anny Corps of Engineers
has jurisdiction of the wctl3.tld on site. A copy of the approved jurisdictional
determination form is enclosed as Exhibit 10.
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Objective 7.1
The County shall direct incompatible land uses away from listed animal species and
their habitats. These policies shall apply to all of Collier County except for the Eastern
Lands Study Area, for which policies are required to be adopted by November 1,2002.
The proj ect is consistent with Objective 7.1. The existing property is loeated in an area
surrounded by aetive agricultural activities and is not located adjacent to any major
existing or proposed eonservation or managed lands.
Policy 7.1.2
Within areas of Collier County, excluding the lands contained in the RLSA Overlay,
non-agricultural development, excluding individual single-family residences, shall be
directed away from listed species and their habitats by complying with the following
guidelines and standards:
1. A wildlife survey shall be required for all parcels when listed species are
known to inhabit biological communities similar to those existing on
site or where listed species are directly observed on the site. The survey
shall be conducted in accordance with the requirements of the Florida
Fish and Wildlife Conservation Commission (FFWCC) and the U.S.
Fish and Wildlife Service (USFWS) guidelines. The County shall
notify the FFWCC and the USFWS of the existence of any listed
,~pecies that may be discovered.
The project is consistent with Policy 7.1.2. Several wildlife surveys have been conducted
onsite. General and species-specific wildlife surveys have been conducted to determine
the presence or absence of listed species that have the potential to utilize the on-site
habitats. The vegetative communities that are found on site are suitable for numerous
plant and wildlife species. Wildlife species protected by State and federal law that have
the potential to utilize these types of habitats include the gopher tortoise (Gopherus
polyphemus, Threatened), Eastern indigo snake (Dlymarchon corais couperi,
Threatened), big cypress fox squirrel (Sciurus niger avicennia, Threatened), and red-
cockaded woodpecker (Pica ides borealis, Threatened). In October 2002, a red-cockaded
woodpecker was observed foraging on the site. As a result, in August 2003, a five-day
survey was conducted and no cavity trees were found. No other listed species were
observed during the survey.
Listed plant species that have the potential to be found in these habitats include pine-
woods bluestem (Andropogon arctatus), Curtiss' milkweed (Asclepias curtissii),
Fakahatchee burmannia (Burmannia jlava), Florida pinewood privet (Forestiera
segregata val' pinetorum), Carter's large-flowered flax (Linum carteri smallii), cypress
peperomia (Peperomia glabella), Fakahatchee ladies' tresses (Spiranthes laneeolata val'
paludieola), and rain lily (Zephyranthes simpsonii). No listed plant species were
obscrv'cd on site.
The listed species that have the potential to inhabit the vegetative communities similar to
those found on site and that occur in Collier County are attached as Exhibit 11.
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EarthBalance@ biologists have visited the site several times beginning in December 2002
through January 2005 to map on-site habitats. Additional wildlife surveys conducted on
site have yielded no observations of listed wildlife species. A formal gopher tortoise
survey was conducted on May 14, 2008 over any areas that have the potential to be
cleared. As a result of the poorly drained soils on the site, no gopher tortoise burrows
were observed. The updated gopher tortoise survey is provided as Exhibit 12.
In addition, correspondence with U.S. Fish and Wildlife Service (Exhibit 13) indicates
that no additional surveys are required.
Policy 7.1.4:
All development shall comply with applicable federal and state permitting requirements
regarding listed species protection.
The project is consistent with Policy 7.1.4. All applicable federal and State permits will
be obtained prior to development of the site. No federal or state permits are required
because the development of the site falls under an agricultural exemption. In addition,
correspondence with U.S. Fish and Wildlife Service (Exhibit 13) indicates that no
additional surveys are required.
Objective 8.1:
All activities in the County shall comply with all applicable federal and State air quality
standards.
The project is consistent with Objective 8.1. The site is currently being used for low
impact rural residential, agricultural and agri-tourism, and passive recreational uses. All
activities within the existing site shall comply with all applicable federal and State air
quality standards.
10.02.01 (4) (d)
NATIVE VEGETATION PRESERVATION
i. Identify the acreage and community type of all upland and wetland habitats
found on the project site, according to the Florida Land Use, Cover, and
Forms Classifications System (FLUCFCS). Provide a description of each of
the FLUCFCS categories identified onsite by vegetation types (species),
vegetation composition (canopy, midstory, and ground cover), and vegetation
dominance (dominant, common, and occasional).
As mentioned in 10.02.01 (4) (b) ii, a FLUCFCS/Habitat map is provided as Exhibit 3.
The project mapping was developed using the FLUCFCS. A field survey was conducted
on May 25, 2007 to update the surrounding habitats. Field observations. in conjunction
with the Collier County Soil Survey arld aerial photographs, were used to develop a map
"f'thp !,<>h;t.,tC'
VJ. l..lJ'-' .l.LULI.ll..ULJ.
Biologists determined habitat boundaries using a combination of conventional survey and
aerial interpretation on 2006 aerial photographs at a scale of I inch = 150 feet based on
field verification. The SFWMD has conducted a site visit and has verified the wetland
jurisdictional boundaries on site as shown (Exhibit 9). In the jurisdictional determination
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letter, Exhibit 10, the U.S. Army Corps of Engineers has accepted the wetland
delineation as approved by SFWMD. A general description of each revised FLUCFCS
type is provided below.
Uplands
111
144/180
180
254
259
411
411/433
428
810
818
Wetl ands
624-1
Fixed Single-Family Unit (1.21 acres)
CulturallRecreational (1.33 acres)
Recreational (0.43 acre)
Aquaculture (0.04 aere)
Other Agriculture (0.75 acre)
Pine Flatwoods (2.18 acres)
Mesic Pine FlatwoodslWestem Everglades Hardwoods (8.68 acres)
Cabbage Palm/Saw Palmetto (1.89 acres)
Roads (1.55 acres)
Parking (0.50 acre)
Cypress/Pine/Cabbage Palm (2.73 acres)
Upland Habitat Descriptions
Fixed Sin2le-Familv Unit - FLUCCS 111
The single-family residence consists of approximately 1.21 acres. This area has been
partially cleared and a two-story house with a driveway exists. Much of the area has
been landscaped with ornamentals and sodded with Floratam. The areas that have not
been cleared contain remnants of pine flatwoods. This area contains some of the largest
and oldest slash pines (Pinus elliottii) on the property.
Cultural and Recreation - FLUCCS 144/180
The areas designated for cultural and recreational activities consist of approximately 1.33
acres. These areas, which contain artifacts and antiques, are used for meetings and
gatherings as well as open air entertainment areas for the exhibition of animals. The
majority of the area consists of a large tent structure that is used for educational programs
and entertainment. The northern and southern portions of this area have been left intact
and consist of pine flatwoods. Approximately 50% of the area is still in its natural state
adding to the ambiance. Additional cultural areas have been incorporated into the project
site including a ring pen and a turtle area (Exhibit 3).
Recreation - FLUCCS 180
The area designated for recreation consists of approximately 0.43 acre. This open area,
which consists of St. Augustine grass (Stenotaphrum secundatum) and a fountain, is used
for meetings and gatherings as well as open air entertainment areas for the exhibition of
animals
Aquaculture - FLUCCS 254
The area designated as aquaculture, approximately 0.04 acre, is used for raising and
breeding a variety of exotic Koi species. Because the property is zoned agriculture, the
Division of Aquaculture (Division) was charged with regulating the construction of the
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culture ponds. The Division determined, based on a letter from South Florida Water
Management District (SFWMD) that concluded there are no wetland impacts, that the
above-ground tanks could be located on the property per the plan sheet. A letter from the
Florida Department of Agriculture and Consumer Services is attached as Exhibit 4.
Other Aericulture - FLUCCS 259
The area designated as other agriculture, approximately 0.75 acre, is used for growing
ornamental plant species that are used to landscape areas on site, and for raising exotic
and game animals. The animals located on site have been donated to the gaming preserve
for various reasons and are used for educational and entertainment purposes. The
property includes domestic farm animals that are bred and sold, and exotic creatures that
could be bred as part of a selective breeding program. There has been minimal
disturbance to this area with the exception of placement of animal cages and a storage
facility. Disturbances to the existing canopy have been minimal, leaving the majority of
the native pine flatwoods habitat intact.
Pine Flatwoods - FLUCCS 411
This native upland habitat covers approximately 2.18 acres and is scattered throughout
the site. Slash pine is the dominant species in this habitat with an occasional cabbage
palm (Sabal palmetto). Other frequent species include poison ivy (Toxicodendron
radicans), caesarweed (Urena lobata), and grapevine (Vitis rotundifolia). Common
scattered species include saw palmetto (Serenoa repens), catbrier (Smilax bona-nox), air
plant (Tillandsia setacea), beautyberry (Callicmpa americana), and tallowwood
(Ximenia americana). Other infrequent vegetative species observed include earIeaf
acacia (Acacia auriculiformis), Brazilian pepper (Schinus terebinthifolius), and melaleuca
(Melaleuca quinquenervia). The area has been invaded with exotic/invasive plant species
and exhibits signs of human alterations including exotic removal and recreational
structures.
Mesic Pine Flatwoods/ "'estern Everelades Hardwoods- FLUCCS 411/433
This transitional upland community, approximately 8.68 acres, is the most abundant
upland habitat on site. Slash pine is the dominant species in the canopy with scattered
pond cypress (Taxodill111 ascendens) and occasional cabbage palm. The subcanopy,
although sparse, includes occurrences of wax myrtle (Myrica cerifera), tallO\vwood,
dahoon holly (flex cassine), grapevine, air plant, and poison ivy. Groundcover includes
scattered occurrences of saw palmetto, prostrate false buttonweed (Spermacoce
prostrate), caesarweed, flat sedges (Cyperus spp.), saw palmetto, catbrier, umbrella grass
(Furiena scripoides), musky mint (Hyptis alata), and swamp fern (Blechman
serrulatllln). Other infrequent vegetative species observed include earleaf acacia,
Brazilian pepper, melaleuca, dog fennel (Eupatorium capillifolium), and needle rush
(.luncHs roemerianus). These areas also have exotic/invasive plant species present.
The landscape position of this community affects plant-water relationships and causes
slight differences in plant composition from wetter to drier areas. Although these
differences are recognized, they are not significant enough to be considered wetland
communities.
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Cabba2e Palm/Saw Palmetto - FLUCCS 428
Currently, the cabbage palm/saw palmetto area totals 1.89 acres, and includes a large
open recreational area that is contained by a cireular drive. These areas are dry and
contain numerous snags. Frequent species include saw palmetto and grapevine.
Common species also include cabbage palm (upcoming dominant species), wax myrtle,
beautyberry, and poison ivy. Occasional species include tallowwood, catbrier, slash pine,
and dahoon holly. Brazilian pepper is infrequent, but beginning to invade this habitat.
The areas have had little human activity or management. This habitat is in transition
from a pine flatwoods area and is currently overgrown. Additional land uses that have
been incorporated into this area of the project site include a stage, large lawn area, and
associated parking (Exhibit 3).
Roads - FLUCCS 810
Additional roadways have been incorporated into the project site. These areas, which
currently total 1.55 acres, are used as access points to the cultural and recreational areas.
These roadways are composed of crushed limestone to avoid creating unnecessary
impervious surfaces. The roadway was constructed through native habitats, which
required nominal clearing.
Parkin2: - FLUCCS 818
These areas total approximately 0.50 acre and are used for parking for the cultural!
recreation areas. The improvements are composed of crushed limestone to avoid creating
unnecessary impervious surfaces. The parking facility was constructed in an area heavily
invaded with melaleuca to avoid impacts to native habitats.
Wetland Habitat Description
Cvpress-Pine-Cabba2e Palm - FLUCCS 624-1
This forested wetland area is approximately 2.73 acres with a mixed canopy including
cypress, pine, and cabbage palm. Other frequent species include woodsage (Teucrium
canadense), poison ivy, caesarweed, and grapevine. Common species include
maidencane (Panicum hemitomon), saw palmetto, catbrier, air plant, dahoon holly,
catchweed bedstraw (Galium aparine), and tallowwood. Occasional species include
bushy broom grass (Andropogon glomeratus), water primrose (Ludwigia peruviana),
sawgrass (Cladium jamaicense), needle rush, yellow-eyed grass (Xyris caroliniana),
gold-foot fern (Phlebodium aureum), and netted chain fern (Woodwardia areolata).
Exoticlinvasive vegetative species observed include earleaf acacia and melaleuca.
Portions of this wetland habitat exhibit seasonal ponding, which is evident from observed
occasional algal matting and adventitious rooting and occurs most frequently in the
southern portion of this habitat. This area has been maintained by removing melaleuca
that had invaded the area. There is a sparse mid-story in this area and the dominant
groundcover is swamp fern with scattered sawgrass, poison ivy, maidencane, and
southern bog button (Lachnocaulon beyrichianum).
H. Explain how the project meets or exceeds the native vegetation preservation
requirement in Goal 6 of the Conservation and Coastal Management
Element of the Growth Management Plan, and Chapters 3 and 10 of the
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Land Development Code. Provide an exhibit illustrating such. Include
calculations identifying the acreage for preservation and impact, per
FLUCFCS category.
As shown in Exhibit 3, the majority of the upland habitats on site consists of mixed Pine
Flatwoods/Everglades hardwoods (FLUCFCS 411/433). This native upland habitat
encompasses 8.68 acres of the parceL The canopy in this vegetative community is
dominated by slash pine with few scattered cypress. The mid-story and groundcover
consists of numerous native species. Few nuisance, exotic vegetative species observed
included caesarweed, earleaf acacia, Brazilian pepper, me1aleuca, and dog fenneL Other
native upland habitat consists of 2.18 acres of pine flatwoods (FLUCFCS 411) and 1.89
acres of cabbage palm (FLUCFCS 428), which are scattered throughout the property.
The native wetland habitat on site totals 2.73 acres and consists of disturbed
Cypress/Pine/Cabbage Palm (FLUCFCS 624-1).
Of the total project area (21.29 acres), approximately 20.08 acres have been identified as
native upland and wetland vegetative communities. A 15% preservation area (3.01 acres)
has been designated in the northwest comer of the property. The native vegetation in this
preserve area includes a mixture of pine flatwoods and mesic pine flatwoods/Westem
Everglades hardwoods. The habitats are high quality for this area. The preservation area
is contiguous with native areas to the west and a portion to the north. The preservation
area will remain in its natural state as stipulated by Collier County.
However, NGALA is a bona fide farm operation under the Florida Right to Farm Act
(Fla. Stat. 823.14) and the Florida Agricultural Lands and Practices Act (Fla. Stat.
163.3162), and is not subject to Collier County regulations. Furthermore, as previously
stated, the Collier County Land Development Code, Section 3.05.02, agricultural
operations that fall within the scope of Sections 163 .3162(4) and 823.14(6), Florida
Statutes, are exempt from the provisions of Section 3.05.03 through 3.05.09, provided
that any new clearing of land for agriculture outside of the RLSA District shall not be
converted to non-aglicultural development for 25 years, unless the applicable provisions
set forth in Section 3.05.04 through 3.05.07(G) are adhered to at the time of the
converSIOn.
iii. For sites already cleared and in agricultural use provide documentation that
the parcel(s) are in compliance with the 25 year rezone limitation in Policy
6.1.5 of the Conservation and Coastal Management Element of the Growth
Management Plan and Chapters 3 and 10 of the Land Development Code.
For sites cleared prior to January 2003, provide documentation that the
parcel(s) are in compliance with the 10 year rezone limitation previously
identified in the Growth Management Plan and Land Development Code.
This item is not applicable to this project.
iv. Have preserves of acreage requirements for preservation been previously
identified for the site during previous development order approvals? If so
identify the location and acreage of these preserves, and provide an
explanation if the:y are different from n'hat is proposed.
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This item is not applicable to this project.
v. For properties with Special Treatment "ST" overlays, show the ST overlay
on the development plan and provide an explanation as to why these areas
are being impacted or preserved.
This item is not applicable to this project.
10.02.02 (4) (e)
WETLANDS
i. Define the number of acres of Collier County jurisdictional wetlands
(Pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal
Management Element of the Growth Management Plan) according to the
Florida Land Use Cover and Forms Classifications System (FLUCFCS).
Include a description of each of the FLUCFCS categories identified onsite by
vegetation types (species), vegetation composition (canopy, midstory, and
ground cover), and vegetation dominance (dominant, common, and
occasional). Wetland determinations are required to be verified by the South
Florida Water Management District or Florida Department of
Environmental Protection, prior to submission to the County.
The site eontains approximately 2.73 acres of jurisdictional wetlands. The wetlands have
been classified according to the FLUCFCS. Under this classification, the wetland habitat
is best described as Cypress/Pine/Cabbage Palm (FLUCFCS 624-1). SFWMD staff
verified and approved the wetland limits on May 10, 2004. The letter and approved
Wetland Jurisdictional Determination are documented as Exhibit 9.
As a result of prolonged hydrological alterations, upland vegetation and nuisance/exotic
species have encroached into the wetland. However, portions of the wetland exhibit
seasonal ponding, which is evident from occasional algal mats, lichen lines on cypress
knees, and adventitious rooting on melaleuca. In addition, this habitat contains
occasional swamp fern and maidencane within the understory. This wetland habitat
provides wildlife habitat for small mammals and amphibians and may also help filter
pollutants.
ii. Determine seasonal and historic high water levels utilizing lichen lines and
other biological indicators. Indicate how the project design improves/affects
predevelopment hydroperiods. Provide a narrative addressing the
anticipated control elevations of the site.
The present seasonal high water levels and historical high water levels are hard to define.
During the October 2003 site visit, then: were signs of occasional algal matting, lichen
lines, adventitous rooting, and cypress knees. Alterations to the sheetflow from adjacent
agricultural ditching and the extended drought possibly caused the lack of evidence of
ponding above the surface. Seasonal high water levels were estimated at or just below
surface. During the site visit in August, ponding of approximately 12 inches was
observed in t..~e deepest part of the wetland after extremely hcavy rainfall and a wet
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Agenda Item No. 17 A
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spring. Therefore, the average current seasonal high is estimated at between surface and
6 inches above surface, while the historic seasonal high is estimated at approximately 12
inches above surface The soils that occur in the cypress-pine areas have moderately rapid
to moderate permeability. During the drier months, the water table is 40 inches below the
surface.
The project does not affect predevelopment hydroperiods. The semi-permanent
structures were placed in the pine flatwoods and in the cabbage palm/pine areas.
Hydroperiods have not been altered, as the grade has not changed in these communities.
Hydroperiods have been left intact as native communities are being preserved and very
little impervious surface exists on site. No significant alterations to sheetflow patterns
have occurred on site. The only area that may have changed slightly is the parking area
on the northeast portion of the property. However, this impacted area was heavily
invaded with melaleuca, which can still be seen just north of the area. Still, because the
hydrology has changed significantly and there is little evidence of ponding in the area, it
is difficult to determine if hydroperiods have been changed, or to what extent. It should
be noted, however, that the existing soils have moderately rapid to rapid permeability and
the limestone rock that has been used for the parking area is not an impervious surface. In
addition, because stormwater is not being rerouted, there should be no impact on
hydroperiods.
Hi. Indicate the proposed percent of defined wetlands to be impacted and the
effects of the proposed impacts on the functions of these wetlands. Provide
an exhibit showing the locations of wetlands to be impacted and those to be
preserved on site. Describe how impacts to wetlands have been minimized.
A de minimis impact (0.035 acre) to the on-site wetland was a result of the incidental
development of a round pen. The sole purpose of the round pen is for the training of
animals and it is undoubtedly an agricultural apparatus; the de minimis impact includes
clearing, fencing, and contouring to prevent soil erosion, all of which are exempt under
Florida State Statue 403.927 (2) (A):
"Agricultural activities" includes all necessary farming and forestry
operations which are normal and customary for the area. such as site
preparation. clearing. fencing, contouring to prevent soil erosion, soil
preparation, plowing, planting, harvesting, construction of access roads,
and placement of bridges and culverts, provided such operations do not
impede or divert the flow of surface waters.
The majority of the wetland vegetation is transitional because hydrology has significantly
changed over time and upland vegetation and nuisance/exotic species have encroached.
The impact included a few pine, cypress, and cabbage palm. The Native Habitat,
Preservation, arId Wetland Impact Map, attached as Exhibit 8, shows the location of the
wetland impact and the remaining native wetland and upland habitat on the NGALA
property.
IV. Indicate how the project design compensates for wetland impacts pursuant to
the Policies and Objectives in Goal 6 of the Conser'7ation and Coastal
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Agenda Item No. 17 A
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Management Element of the Growth Management Plan. For sites in the
RFMU district, provide an assessment, based on the South Florida Water
Management District's Uniform Mitigation Assessment Method, that has
been accepted by either the South Florida Water Management District or the
Department of Environmental Protection. For site outside of the RFMU
district, and where higher quality wetlands are being retained onsite, provide
justification based on the Uniform Mitigation Assessment Method.
No additional wetland impacts are proposed on the NGALA property. The property
contains 2.73 acres of native wetland habitat and 17.35 acres of native upland habitat.
The Native Habitat, Preservation, and Wetland Impact Map is attached as Exhibit 8. In
addition, the entire western portion of the property is contiguous native habitat, which
connects to a wildlife corridor that extends from the southwestern comer to the
northeastern corner of the project site.
10.02.01 (4) (f)
SURFACE AND WATER MANAGEMENT
i. Provide an overall description of the proposed water management system
explaining how it works, the basis of design, historical drainage flows, offsite
flows coming in to the system and how they will be incorporated in the
system or passed around the system, positive outfall availability, Wet Season
Water Table, Dry Season Water Table, and how they were determined, and
any other pertinent information pertaining to the control of storm and
ground water.
The project site is comprised of two soil types. The dominant soil type (60%) in the
project area is Riviera fine sand (I8), limestone substratum, a federal and State hydric
soil. These nearly level, poorly drained soils exist in sloughs and broad poorly defined
drainageways. The slope is between 0% and 2%. The permeability is moderate to
moderately rapid and the available water capacity is low. Under natural conditions, the
seasonal high water table is within a depth of 12 inches for 3 to 6 months during most
years. During the drier months, the water table is below a depth of 12 inches and can
recede to a depth of more than 40 inches during extended dry periods. The remaining
soil type makes up approximately 40% of the project area. The east and west property
edges contain Oldsmar fine sand (10), limestone substratum, a federal hydric soil. These
level, poorly drained soils are found on pine flatwoods. The slope is between 0% and
1 %. The permeability is slow. The available water capacity is low. Under natural
conditions, the seasonal high water table is between a depth of 6 to 18 inehes for 1 to 6
months. During other months, the water table is below a depth of 18 inches and can
recede to 40 inches during extended dry periods. The area containing these soils has been
used to build a residential unit and to house the majority of animals living at NGALA.
There are no proposed topographic modifications on the project site. There is no natural
barrier to storm waves or flooding currently in place. Therefore, there will be no removal
or disturbance of these features.
Historical drainage patterns appear to have oecurred from the north to south.
Construction of roads mld drainage canals and the clearing of latld to constmct nearby
19
Agenda Item No. 17 A
June 9. 2009
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residential units and agricultural fields have altered the historical flow on, and adjacent
to, the property. Natural drainage still follows this pattern to some extent. However, the
development in the area has decreased flow and increased infiltration of surface waters.
Therefore, the water that does pool on site must simply infiltrate the soils below. This
endeavor will not divert drainage, but simply allow infiltration to continue as usual.
Therefore, drainage patterns will remain intact and diversion of waters will be avoided.
The proposed development has created minimal impervious area on the site.
Infrastructure includes flooring for animal cages, a cement pad in the
meeting/entertainment area, and cement pads under the storage facility. These
impervious surfaces affect approximately 0.35 acre or 1.26% of the groundwater recharge
area (including the residential unit). Because roadways and parking areas are crushed
limestone, these areas still allow water to infiltrate and contribute to recharge. Therefore,
this project allows groundwater recharge with minimal negative effect.
Annual drawdown levels should not be significantly changed. The building sites
(excluding the residential unit) were leveled at grade. The only build-up of these semi-
permanent structures is the cement pads that are no more than 6 inches thick. Therefore,
current water levels will not be changed. The project is connected to a well
(CClOIOOOF) that contributes to direct drawdown. However, these draw down changes
will be temporary and minor. The limited use of the facility will have minimal short-term
effects on drawdown and groundwater levels.
Because there are no overnight facilities, and facilities are not used on a daily or regular
basis, the annual consumptive use rates are difficult to determine. However, NGALA has
been issued a general use permit (Permit Number 11-02129- W) to allow a maximum use
of 730,000 gallons of water per year. This use equates to a consumptive use of 2,000
gallons per day for the meeting/recreational uses. The State of Florida Department of
Health has issued a drinking water permit (11-57-00938). The residential unit is not
calculated into this consumptive use agreement. Based on individual water use rates, the
residence will use an estimated 500 gallons of water per day. This equates to 182,500
gallons per year
ii. Provide an analysis of potential water quality impacts of the project by
evaluating water quality loadings expected from the project (post
development conditions considering the proposed land uses and storm water
management controls) compared with water quality loadings of the project
area as it exists in its pre-development conditions. This analysis is required
for projects impacting five (5) or more acres of wetlands. The analysis shall
be performed using methodologies approved by Federal and state water
quality agencies.
The current land usc will not crcate changes in the levels <UJd types of water pollution as
defined by current regulations. By allowing NGALA to operate, the remaining native
habitats will be preserved and managed.
There are no water uses that are restricted or precluded because of pollution levels
reSlllting from this project. ...A....S a result of the 10\1,' impact of the project, stormvlater
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Agenda Item No. 17 A
June 9, 2009
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treatment will not be necessary to eliminate pollutants from flowing directly into
groundwater sources. Minimal impervious surfaces and the natural buffers of native
habitats will keep the stormwater percolating into the soils as usual. Non-point source
pollution will not be increased and will be filtered by natural areas on site. Concerns
have been raised about animal wastes. All of these wastes are disposed within the
guidelines set forth by the United States Department of Agriculture. In addition,
landscape needs and central waste facilities (i.e., dumpsters and recycling bins) will have
minimal effects on water quality.
Water pollution will not occur as a result of this project, therefore no people will be
affeeted. Landscaping incorporates native and tropical, low-maintenance plantings to
minimize the use of water and pesticides. This property has minimum lawn areas. This
reduces the need for fertilizers and pesticides.
111. Identify any Well-field Risk Management Special Treatment Overlay Zones
(WRM-ST) within the project area and provide an analysis of how the
project design avoids the most intensive land uses within the most sensitive
WRM-STs.
No WRM-ST overlay zones are known to occur within the project area.
10.02.02 (4) (g)
LISTED SPECIES
i. Provide a plant and animal species survey to include at a minimum, listed
species known to inhabit biological communities similar to those existing
onsite, and conducted in accordance with the guidelines of the Florida Fish
and Wildlife Conservation Commission (FWC) and the U.S. Fish and
Wildlife Service (FWS). State actual survey times and dates, and provide a
map showing the location(s) of species of special status identified on site.
EarthBalance@ biologists have visited the site several times beginning in December 2002
through January 2005 to map on-site habitats. Additional wildlife surveys have yielded
no observations of listed wildlife species.
The biological communities that are found on site are suitable for numerous species.
Wildlife species protected by State and federal law that have the potential to utilize these
types of habitats include the gopher tortoise, Eastern indigo snake, big cypress fox
squirrel, and red-cockaded woodpecker. In October 2002, a red-cockaded woodpecker
was observed foraging on the site. As a result, a formal red-cockaded woodpecker survey
was performed on July 23, 2004. No birds or nest cavities were observed. No other listed
species were observed during the survey. FWS has been notified of the project and
through email correspondence no additional survey for red-cockaded woodpecker is
required (Exhibit 13).
A formal gopher tortoise survey was conducted on May 14, 2008 over any areas that have
the potential to be cleared. As a result of the poorly drained soils on the site, no gopher
tortoise burrows were observed on site. The updated gopher tortoise survey is provided
as Exhibit 12.
21
/\genda Item r-Jo. 17 A
June 9. 2009
Page 190 of 272
Listed plant species that have the potential to be found in these habitats include pine-
woods bluestem, Curtiss' milkweed, Fakahatchee burmannia, Florida pinewood privet,
Carter's large-flowered flax, cypress peperomia, Fakahatchee ladies' tresses, and rain
lily. Species protected by State and federal law that have the potential to utilize the on
site habitats include gopher tortoise, Eastern indigo snake, big cypress fox squirrel, and
red-cockaded woodpecker.
ii. Identify all listed species that are known to inhabit biological communities
similar to those existing onsite or that have been directly observed on the site.
The listed species that have the potential to inhabit the vegetative communities similar to
those found on site and that occur in Collier County are attached as Exhibit 10.
The biological eommunities that are found on site are suitable for numerous species.
Species protected by State and federal law that have the potential to utilize these types of
habitats include the gopher tortoise, Eastern indigo snake, big cypress fox squirrel, and
red-cockaded woodpecker. The red-cockaded woodpecker was the only listed species
found on site. As a result, a formal red-cockaded woodpecker survey was performed on
July 23, 2004. No birds or nest cavities were observed. No other listed species were
observed during the survey. FWS has been notified of the project and through email
correspondence no additional survey for red-cockaded woodpecker is required (Exhibit
13).
A formal gopher tortoise survey was conducted on May 14, 2008 over any areas that have
the potential to be cleared. As a result of the poorly drained soils on the site, no gopher
tOlioise burrows were observed on site. The updated gopher tortoise survey is provided
as Exhibit 12.
Listed plant species that have the potential to be found in these habitats include pine-
woods bluestem, Curtiss' milkweed, Fakahatchee burn1annia, Florida pinewood privet,
Carter's large-flowered flax, cypress peperomia, Fakahatchee ladies' tresses, and rain
lily. No listed plant species were observed on site. Trained biologists following
methodologies set forth by the Florida Wildlife Conservation Commission completed
species inventories in October 2002. These methodologies require morning and evening
pedestrian surveys (1,500 feet of transect per 100 acres) across the site for a minimum of
five days. Transects meandered through areas of suitable habitat and changed after each
survey to maximize site coverage. Transect locations were mapped along with all
observations of listed species as well as physical features that may indicate species
presence such as tree markings, tracks, nests, and cavity trees. The initial site visit (prior
to the five-day study) to survey for listed species also included habitat mapping to
determine potential habitats for listed species.
There were no other listed wildlife species observed and no other listed species are
known to inhabit or forage on the site; therefore, the project design does not have a
substantial negative impact on listed species.
22
Agenda Item No. 17 A
June 9, 2009
Page 191 of 272
Non-listed species observed and documented on site include the mourning dove (Zenaida
macroura), blue jay (Cyanocitta cristata), northern mockingbird (Mimus polyglottos),
downy woodpecker (Picoides pubescens), northern cardinal (Cardinalis cardinalis),
black vulture (Coragyps atratus), yellow-shafted flicker (Colaptes auritus), red-bellied
woodpecker (Melanerpes carolinus), pine warbler (Dendroica pinus), Eastern gray
squirrel (Sciurus carolinensis), Eastern cottontail (Sylvilagus floridanus), brown anole
(Anolis sagrei), Florida cottonmouth (Agkistrodon piscivorus), and various insects
including dragonflies and butterflies.
iii. Indicate how the project design minimizes impacts to species of special
status. Describe the measures that are proposed as mitigation for impacts to
listed species.
Although the red-cockaded woodpecker is known to forage on the site, at the time of the
survey, there were no cavity trees found on site. Therefore, the site design is not relevant
to impacts to species of special status. In addition, because there are no impacts to
species of special status, there will be no need to mitigate for impacts to protected listed
species. FWS has been notified of the project and through email correspondence no
mitigation for red-cockaded woodpecker is required (Exhibit 13).
iv. Provide habitat management plans for each of the listed species known to
occur on the property. For sites with bald eagle nests and/or nest protection
zones, bald eagle management plans are required, copies of which shall be
included as exhibits attached to the PUD documents, where applicable.
Although the red-cockaded woodpecker is known to forage on the site, at the time of the
survey, there were no cavity trees found on site. A 3.01-acre preservation area will be
preserved within the northwest comcr of the property. Management of this area will be
conducive for red-cockaded woodpecker foraging. No other listed species have been
observed utilizing the site. Therefore, no listed species-specific management plan is
proposed for this site.
v. Where applicable, include correspondence received from the FWC and FWS
with regards to the project. Explain how the concerns of the agencies have
been met.
FWS has been notified of the project and through email correspondence no additional
surveys or mitigation for red-cockaded woodpecker is required (Exhibit 13).
10.02.02 (4) (h)
OTHER
i. For multi-slip docking facilities with ten slips or more, and for all marina
facilities, show how the project is consistent with the marina siting and other
criteria in the Manatee Protection Plan.
This item is not applicable to this project.
23
Agenda Item No. 17 A
June 9, 2009
Page 192 of 272
ii. Include the results of any environmental assessments and/or audits of the
property. If applicable, provide a narrative of the cost and measures needed
to clean up the site.
This item is not applicable to this project.
iii. For sites located in the Big Cypress Area of Critical State Concern Special
Treatment (ACSC-ST) overlay district, show how the project is consistent
with development standards and regulations established for the ACSC-ST.
This item is not applicable to this project.
iv. Soil sampling or ground water monitoring reports and programs shall be
required for sites that occupy old farm fields, old golf courses, or for which
there is a reasonable basis for believing that there has been previous
contamination onsite. The amount of sampling and testing shall be
determined by the Environmental Services staff along with the Pollution
Control Department of the Florida Department of Environmental Protection.
This item is not applicable to this project.
v. Provide documentation from the Florida Master Site File, Florida
Department of State and any printed historic archaeological surveys that
have been conducted on the project area. Locate any known historic or
archaeological sites and their relationships to the proposed project design.
Demonstrate how the project design preserves the historic/archaeological
integrity of the site.
A search of the Florida Master Site File was requested in October 2002 to determine if
historical or archaeological surveys had been performed on the project site. The Florida
Master Site File lists no previously recorded cultmal resources on the parcel. Therefore,
no cultmal resomces will be impacted by the project. A verification letter is attached as
Exhibit 14.
There are no known historic or archaeological sites with relation to the proposed project
design. Therefore, the site design is not relevant to the historic/archaeological integrity
of the site. In addition, there are no outstanding natural scenic features on the site that
would require preservation. Native habitats have been left intact. The only area
landscaped is the entrance to the tent. The area has been planted with royal palms, date
palms, king sago palms, split leaf philodendrons, wax myrtle, and impatiens.
24
Agenda Item No. 17 A
June 9, 2009
Page 193 of 272
EXHIBIT 1
RESUME
~ [arthBalance
Agenda Item No. 17 A
June 9 2009
TAMM~~.l9.icli.j,7PMP
Senior Biologist
EDUCATION
MS, Fisheries and Aquatic
Sciences,
University of Florida
BS, Zoology,
University of Florida
AFFILIATIONS
Florida Audubon Society
Florida Association of
Environmental Professionals
Project Management Institute
TRAINING AND CERTIFICATION
Certified Project Management
Professional (PMP)
American Red Cross CPR/ AED
and First Aid Certified
Certified as Scientific Diver
AREAS OF SPECIALIZATION
FCT Grant Writing
Water-quality Monitoring
Wetland Monitoring
Wetland Plant Identification
Biolog ica 1/ Ecolog ica I
Assessments I
Wildlife Monitoring and
Surveying
SPECIALIZED TRAINING
38-Hour USACOE Wetland
Delineation and Management
Training Course
Environmental Permitting
Summer School
PREVIOUS EXPERIENCE
Environmental
Scientist, South Florida Water
Management Distrid
Research Assistant, University
of Florida/ Department of
Fisheries and Aquatic Sciences
Volunteer, Palm
Beach County Reef Research
Program
BACKGROUND
Tammy Lyday has 10+ years of experience in wetland jurisdictional determinations and
permitting, wildlife surveying, monitoring, permitting, water-quality monitoring, and
biological assessments for commercial and residential development sites. Her
experience includes land management and stewardship, Florida Communities Trust
(FCT) grant application writing, project planning and management, and environmental
regulation. Prior to joining the firm, Ms. Lyday was an environmental scientist with the
South Florida Water Management District. Ms. Lyday holds a MS degree in Fisheries
and Aquatic Sciences and a BS degree in Zoology, and is a certified Project
Management Professional (PMP).
EXPERIENCE AND ACHIEVEMENTS
Environmental Assessments: Performs assessments on residential, commercial and
industrial development sites to determine the presence of sensitive environmental
features such as listed species and wetlands as well as develop habitat maps.
Assessment reports include recommendations to clients regarding state and federal
permitting issues. Representative projects include l,400-acre and 650-acre parcels in
Charlotte County, a 200-acre parcel in Lee County, a 50-acre parcel in DeSoto County,
and various residential parcels in Charlotte and Sarasota Counties.
FCT Grant Applications and Land Management Plans: Works with local, state,
and federal agencies to compile management goals and strategies for sound land
management practices. Conducts site assessments and prepares FCT grant applications
and land management plans.
Water Quality Monitoring Projects: Coordinate field monitoring and project
manager for several water quality monitoring project including the Peace River Water
Quality Sampling and Riparian Vegetation Interpretation along the Peace River Corridor,
Shell Creek Monitoring for the City of Punta Gorda, and Caloosahatchee Release
Monitoring for South Florida Water Management District.
Wildlife Monitoring, SUlVeying, and Permitting: Performs field surveys and
monitoring for listed wildlife species and coordinates with wildlife agencies in permitting
and management strategies. Performed bald eagle nest monitoring and formal flight
studies in Charlotte and Lee Counties. Conducted gopher tortoise surveys in Sarasota,
Charlotte, Lee, Lake, Osceola, Polk, and St. Lucie Counties. Completed formal five-day
scrub jay territory surveys on numerous sites in Sarasota, Charlotte, and St. Lucie
Counties.
Wetland Determinations and Permitting: Performs wetland delineations using both
federal and state methods and coordinates permitting with federal and state regulatory
agencies. Delineated tidal wetlands on a l,OOO-acre site in St. Lucie County and a 650-
acre site in Lee County. Coordinated and assisted with environmental resource
permitting for a 1,400-acre site in Charlotte County, in addition to numerous pipeline
and roadway projects.
REPRESENTATIVE PROJECTS! CLIENTS
Red Bug Slough and Clyde Wilson FCT Applications: FCT grant application for a
50-acre and 88-acre site for Sarasota County. Grant award amount $1,640,720.
Wilson Family Park: FCT land grant application for a 50-acre park located in
Sarasota County. Grant award amount $2,407,560.
Ei Jobean Pier Park: FCT land grant application for a 6-acre park in Charlotte
County. Grant award amount $660,000.
Bayshore Linear Park: FCT grant application for a 5-acre park in Charlotte County.
Grant award amount $1,391,552.
Peace RiverjManasota Regional Water Supply Authority HBMP Water Quality
Study: involve collection of hi-monthly water quality samples, report preparation,
quality control data, and project oversight in the river in addition to infrared aerial
photographic interpretation, first and last occurrence of conspicuous indicator species,
vegetation transition site monitoring along the Peace River.
Agenda Item No. 17 A
June 9.2009
Caloosahatchee Water Quality Study (Lee County): project manager for weekly water quafi~~MbfiRg,2~6ality
control data, and bi-monthly report preparation for South Florida Water Management District.
Peace RiverjManasota Regional Water Supply Authority 20-inch pipeline (DeSoto County): Project
Manager for ERP permitting, wetland delineations, wildlife surveys, and mitigation design.
Peace RiverjManasota Regional Water Supply Authority Integrated Loop Phase l.A (Charlotte County):
Project Manager for preliminary route evaluation, ERP permitting, wetland delineations, wildlife surveys, and mitigation
design. The pipeline is proposed to transverse 1 mile of the Peace River. Permitting is currently underway.
Peace RiverjManasota Regional Water Supply Authority Integrated Loop Phase 3A (Sarasota County):
Project Manager for preliminary route evaluation, ERP permitting, wetland delineations, wildlife surveys, and mitigation
design. The pipeline is proposed to transverse the Myakka River. Permitting is currently underway.
Burnt Store Road Widening (Charlotte County): Project Manager; included wetland delineation, wildlife surveys,
preparation and submittal of permit application to SWFWMD and USACOE and coordination with FDEP regarding
sovereign submerged lands. A concurrency letter was issued by the USFWS.
Fruitville Road Widening (Sarasota County): Project Manager for permitting associated with the widening of
Fruitville Road for safety improvements. Project consists of environmental resource permitting, wetland delineations,
wildlife surveys. Project is currently under construction.
Tern Bay DRI: Project Manager; performed permitting associated with a 1,600-acre mixed use development project.
Work included wildlife surveys, wetland delineations, and wetland mitigation design.
Caloosa Creek Wildlife SUlVey: conducted a 5-day wildlife survey of all protected plants and animals and 15%
gopher tortoise survey on a 1,100-acre site in Lee County.
Pinemoore Gopher Tortoise Permitting and Scrub Jay SUlVeys: conducted a 5-day scrub jay survey and 100%
gopher tortoise survey. Worked with engineers to minimize tortoise relocation and maximize habitat preservation for
golf course design on this 300-acre site in Charlotte County.
Agenda Item No. 17 A
June 9, 2009
Page 196 of 272
EXHIBIT 2
LOCATION MAP
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Agenda Item No. 17 A
June 9. 2009
Page 198 of 272
EXHIBIT 3
FLUCFCS/HABIT AT MAP
LEGEND
Project Boundary
FLUCFCSIHabital within Project Boundary
200ft Offset Area
FLUCFCSlHabitat within 200ft. offset
FLUCFCSIHabltat within Project Boundary
CODE: DESCRIPTION ACREAGE:
c:::::::I
111
144/180
180
254
259
411
411/433
Fixed Single Family Unit
Cultural/Recreational
Recreational
Aquaculture
Othe r Agriculture
Pine Flatwoods
Mesic Pine Flatwoodsl
I!Vestem Everglades Hardwoods
Cabbage Palm/Saw Palmetto
Cypress/Pine/Cabbage Palm
Roads
F'arking
428
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CODE: DESCRIPTION.
Total acreage:
111
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624.1
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1.21 ae
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043 ao
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6.68 ao.
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1.55 sc.
0.50 Be.
21.29 Be
Fjxed Single Family Unit
Unimproved Pasture
Row Crops
Citrus Grove
Tree Nursery
Pine Flatwoods
Mesic Pine Flatwoods IlNestern Everglades Hardwoods
Cypress I Pine I Cabbage Palm
Roads
DATE: 9-02-08
F1LE FLUCCS Map 09-02-08.mxd
PROJECT NO S02091.2
AER1AL 2006 TC 6 in stpleft (Collier)
SCALE.]" = ]50'
NGALA
FLUCFCS / HABITAT MAP
COLLIER COUNTY, FLORIDA
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2579 North Toiedo Bl.de Blvd
North Port, Fl 342!9
Tel (941)"21)..7878
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W'NWe.rthDII~nceeom
Agenda Item No. 17 A
June 9, 2009
Page 200 of 272
EXHIBIT 4
LETTER FROM FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
Agenda Item No. 17 A
June 9,2009
Page 201 of 272
Florida Department of Agriculture and Consumer Services
CHARLES H. BRONSON, Commissioner
The Capitol. Tallahassee, FL 32399-0800
Plea&e Rttlpond to:
Division or AquaculroTe
1203 Governor's Square Blvd.
Sill Floor
TaJlahassee, FL 3230 I
Phone:; (8S0) 410.0867
May 4, 2004
R. Donovan Smith
NgaIa
2755 Inex Road
Naples, Florida 34117
Dear Mr. Smith:
Thank you for contacting the Division of Aquaculture regarding your previously approved construction
project involving culture ponds and/or above-ground fish tanks3 Your land is zoned agricu.ltlR and as
specified in state statutes, the Division of Aquaculture is c~ with regulating your site. Tbe legislation
places the Division of Aquaculture in control of such sites to Dicmmt duDlication of 20Vernmcnt remlation.
As stated in 8 previous letter, SFWMD's conclusion of no wetland impactS is sufficient evidence for the
Division. Yau may dig and/or place above-groWld tanks as needed in the area we discussed in your plans.
Vegetation will have to be removed prior to the construction of the aquaculture system. Accordingly, the
Division of Aqtiaculmre has no objectioDS to this removal provided it is done following state laws. Having
visited your site and reviewed plans, this decision stands. Recall that placement of erosion barriers around
the excavated area to control sediment is required. It is also imponant to reseed disturbed groWld after
CO!lstructio!1 actMties are completed.
Please route any correspondence from other agencies to my office in Tallahassee.
Sincerely,
CHARLES H. BRONSON
~~GmCULTURE
~erBrooks
Biological Administrator
.
a
F lo .. i d a A g r i c u ) t u rea n d For est Pro due ts
$62 Billion for Florida's E.C:Qnom~
Agenda Item No. 17 A
June 9, 2009
Page 202 of 272
EXHIBIT 5
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Agenda Item No. 17 A
June 9, 2009
Page 204 of 272
EXHIBIT 6
COLLIER COUNTY SOILS MAP
Agenaa ITem 1'oJ . I (
June ,2009
Page 5 of 272
N
W+E
S
Hydric Soils within Project Boundary
18 Riviera Fine Sand
Leaend
c::J Project Boundary
Non-Hydric Soils within Project Boundary
GSSJ 10 Oldsmar Fine Sand
DATE:
FILE: Soils 06-26-07
PROJECT NO: S0209I
AERIAL: N/A
SCALE: I" = 350'
NGALA
SOILS MAP
COLLIER COUNTY, FLORIDA
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wwwearthbalaf1Ce.com
Agenda Item No. 17 A
June 9, 2009
Page 206 of 272
EXHIBIT 7
SURVEY DEVELOPMENT PLAN
DETAILS 1, 2, AND 3
M: 1 mapping- proj eot51021502091 1 CAOIJune_2007 IPro j ect_5urveLOe.26- 07 .dwg Jul 19. 2007.2: 40pm
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Agenda Item No. 17 A
June 9. 2009
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Agenda item No. 17 A
June 9. 2009
Page 210 of 272
EXHIBIT 8
NA TIVE HABIT A T, PRESERVATION, AND WETLAND IMPACT MAP
~
LeQend
[::J Project Boundary
· · · 30 ft. Easement to Remain Undisturbed
Habitat Area
impact Area (0.035ac.)
Preserve Area (3.01ac.)
~ Non- Native Habitat
Native Upland Habitat
Native Wetland Habitat
DATE: 09-05-08
FILE: Habitat_Impact_ Map _09-04-08
PROJECT NO: S02091
AERIAL: 2006 TC 6 in stpleft (Collier)
SCALE: 1" = 200'
NGALA 0 far t h B 3 I d 11 ( e'
NATIVE HABITAT, PRESERVATION & WETLAND IMPACT MAP
COLLIER COUNTY, FLORIDA
2579 North Toledo Blade Blvd.
North Port. FL 34289
Tel (941) 426.7878
Fax (941) 426-8778
W'WW,earthbalance.com
Agenda Item No. 17 A
June 9, 2009
Page 212 of 272
EXHIBIT 9
SFWMD WETLAND JURISDICTIONAL DETERMINATION LETTER
SOUTH FLORluA WATER MANAGEMENT DISTl<.lCT
Agenda Item No. 17 A
June 9, 2009
Page 213 of 272
LO","ER WEST COAST REGIONAL SERVICE CENTER 2301 McGregor Boulevard, Fort Myers, Florida 33901
(2391338-2929 . FL WATS 1-800-248-1201 . Sun com 748.2929 . Fax (239) 338-2936 . www.sfwmd.gov / org/ exoiftmyersj
Regulation Department
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May 1 0, 2004
Mrs. Tammy Lyday
EarthBalance
2579 North Toledo Blade Boulevard
North Port, FL 34289
Subject:
NGALA; Informal Jurisdictional Wetland Detennination
Collier County, S30/ T49S/ R27E
Dear Mrs. Lyday:
,
The District offers the following in response to YOUI;'request for a determination of the
jurisdictional wetland and other surface water bou~iQaries located within the subject
prope11y. Laura Montes de Oca, Enviromnental.A.nalyst, of the Natural Resource
Management Division, conducted a site inspection on April 9, 2004.
The project boundaries shown on the attached aerial photograph (outlined in red) define
the area that was inspected. Based on the information provided and the results of the site
inspection, the jurisdictional wetlands, as defined in Chapter 62-340 F.A.C. have been
identified within the limits of the original propel1y inspected. The jurisdictional wetlands
are identified by FLUCCS code 624-1 on the attached aerial photograph. These
boundaries are approximate and have 1'lot been surveyed. The total wetland acreage
onsite is approximately 5.42 acres.
This correspondence is an inforrnal pre-application jurisdictional detennination pursuant
to Section 373.421 (6) and F.A.C. 62-312.040 (7). It does not bind the District, its agents
or employees, nor does it convey any legal rights, expressed or implied. Persons
obtaining this inf01111al pre-application jurisdictional dete1111ination are not entitled to rely
upon it for purposes of compliance with provision of law or District rules. A binding
jurisdictional dete1111ination may be obtained by submitting an application to the South
Florida Water Management District Ft. Myers office for a fonnal detennination pursuant
to Chapter 40E-4.042 F.A.C. or by applying for a pe1111it.
Nicoli,s J. Gutierrez, Jr., ESel., Chnir
Panlela Brooks- Thornas/ Vi~:t'-C;I(jir
lrela M. Bague
GOVERNiNG BOARD
EXECUTIVE OFFiCE
Michael Collins
Hugh M. Engli,h
Lellnart E. Lindahl, FE.
Kevin McCarty
Harkley' R. Thurntun
Trlldi K. Williams, P.E.
Henry Dean, ExeC!! til'C Direcror
DiSTRICT HEADQllARTERS: 3301 Glm Club Road, P.O. Box 24680, West Palm Beach, FL 33416--1680 . (56] I 686-8800 . FL WATS 1-800-~32-2045
Agenda Item No. 17 A
June 9, 2009
Page 214 of 272
1-frs. Tammy Lyday
NGALA
Page 2
A file has been set up at the Lower West Coast Service Center office with pre-application
materials. If you have any further questions please contact Laura Montes de Oca at (239)
338-2929 ext. 7786.
Sincerely,
~J
, . --t ......t /; ')
~l! /,/~'.l 0"-
i/ Cu< i"-__ ~,..u", ,. '-'-'
Laura Montes de Oca
Senior Envrromnental Analyst
Lower West Coast Service Center
Attachment (Location map, aerial wi FLUCCS, soi~s map)
C: USACOE- Ft. Myers w/memo, location map, aerial w/FLUCCS& soils map
Collier County w/memo, location map, aerial w/FLUCCS & soils map
Agenda Item No. 17 A
June 9,2009
Page 215 of 272
TO:
File
FROM:
L~u~~ Montes de Oca, Senior Environmental Analyst, NRM. /. /21
DIVISIOn ., . '
/
DATE:
May 10, 2004
SUBJECT:
NGALA; Informal Wetland Jurisdictional Inspection
Collier County, 8301 T49S1 R27E
I, .
A site inspection was conducted on the above referenced property on April 9,2004. The
subject property encompasses approximately 32 acres and is located south of Pine Ridge
Road and East ofCR 951 in the Golden Gate Estates area ofCoIIier County. More
specifically, it is located southwest of the intersection of Inez Road and Kearney Avenue.
The facility is a wild game reserve that hosts tours and special events. Surrounding land
uses include undeveloped lands, scattered single family homes and a citrus grove and tree
nursery.
"
The jurisdictional wetlands, as defined by Chapter 62-340 F.A.C., have been identified
by FLUCCS code 624-1 on the attached aerial phd'io graph. The onsite wetland is
confined to the central portion of the property and comprises cypress/pine and cabbage
palm with an understory of saw grass. The onsite wetland boundaries have not been
surveyed and encompass approximately 5.42 acres.
The upland portions of the site include pine/palmetto flatwoods, cabbage palm with saw
. palmetto, existing roads and parking areas, wild game holding areas and the .
cultural/recreational faci lity. In addition, areas of drained pine/cypress surround the
central wetland. These areas no longer exhibit signs of hydrology or hydric soil
characteristi es.
There were no listed species observed during this site inspection.
o
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- - Agenda Item 9 2009
June, 72
Page 216 of 2
-f}
Agenda Item No. 17 A
.nATE: 9-12-03
.l...E: aeriai-suNey.dwg
NGALA
FLUCCS/Habitat Map
~TI.ANO ~tbIC'T'lONAL O!T!~MINA"'ON
SOUTH Fl wo,reR MANAGEMENT DISTRICT
J;OWER WES~ST SERVICE CENTER
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[alth r.,}!(lfi(I!'
2579 North Toledo Blade Blvd.
North Port, fL 34289
Tel (9041) ~26-7B7B
Fax (941) ~26-8778
www.earthbclcnce.com
PROJECT NO: 502091
AERIAL: 1999 CIR Stpl
SCALE: 1 "= 300'
Agenda Item No. 17 A
June 9, 2009
Page 218 of 272
EXHIBIT 10
U.S. ARMY CORPS OF ENGINEERS WETLAND JURISDICTIONAL
DETERMINA TION LETTER
~
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
JACKSONVillE DISTRICT CORPS OF ENGINEERS
FORT MYERS REGULATORY OFFICE
1520 Royal Palm Square Boulevard, Suite 310
FORT MYERS, FLORlDA 33919
Agenda Item No. 17 A
June 9,2009
Page 219 of 272
Ju1y 10, 2008
Fort Myers Regulatory Office
SAJ-2008-1696 (JD-MAE)
JURISDICTIONAL VERIFICATION
Earth Balance
Attn: Tammy Lyday
2579 North Toledo Blade Boulevard
North Port, Florida 34289
Dear Ms. Lyday:
Reference is made to information submitted to the U.S. Army
Corps of Engineers (Corps) regarding the potential extent of
Federal jurisdiction on the "Ngala" property at the intersection
of Inez Road and Kearney Avenue, in Section 30, Township 49
south, Range 27 east, East Naples, Collier County, Florida. The
evaluation of this jurisdictional determination involved many
factors and may have included a field visit, review of aerial
photographs, geological quad sheets, county soils maps, and site
specific information provided by you. A copy of the approved
jurisdictional determination form and any information used by our
office to support our decision is enclosed. A Department of the
Army permit will be required for any areas identified within that
information as waters of the United States.
Instruot~ons for Objeotinq to an Approved Jurisdictiona1
Determination: Enclosed you will find a Notification of Appeal
Process fact sheet and Request for Appeal (RFA) form. If you
object to this determination, you may request an administrative
appeal under Corps' regulations at 33 CFR Part 331. If you
request to appeal this determination, you must submit a completed
RFA form to the South Atlantic Division Office at the following
address:
Mr. Michael F. Bell
South Atlantic Division
U.S. Army Corps of Engineers
CESAD-CM-CO-R, Room 9M15
60 Forsyth St., SW.
Atlanta, Georgia 30303-8801.
Agenda Item No. 17 A
June 9, 2009
Page 220 of 272
-2-
Mr. Bell can be reached by telephone number at 404-562-5137, or
by facsimile at 404-562-5138.
In order for an RFA to be accepted by the Corps, the Corps
must determine that it is complete, that it meets the criteria
for appeal under 33 CFR Part 331.5, and that it has been received
by the Division office within 60 days of the date of the RFA.
Should you decide to submit an RFA. form, it must be received at
the above address by September 8, 2008.
The determination shown on the enclosed information
represents the upland/wetland boundary for purposes of
determining the Corps jurisdictional line. As depicted on the
enclosed drawing, it has been determined you have waters of the
United States onsite, which are subject to regulation by the
Corps, and/or you have wetlands onsite which are considered to be
iso~ated, and thus not subjected to regulation by the Corps.
Please be advised that the jurisdictional determination shown is
based on the Corps of Engineers Wetlands Delineation Manual
(1987) or current regional supplement, and is valid for.a period
no longer than 5 years from the date of this letter unless new
information warrants a revision of the determination before the
expiration date. If, after the 5-year period, the Corps has not
specifically revalidated this jurisdictional determination, it
shall automatically expire. Any reliance upon this
jurisdictional determination beyond the expiration date may lead
to possible violation of current Federal laws and/or regulations.
You may request revalidate of the jurisdictional determination
prior to the expiration date. Any revalidation or updating will
be considered under the method of jurisdictional determination
and other applicable regulations in use at the time of the
request. Additionally, this determination has been based on
information provided by you or your agent, should we determine
that the information was incomplete or erroneous this delineation
would be invalid.
This determination has been conducted to identify the limits
of the Corps Clean Water Act jurisdiction for the particular site
identified in this request. This determination may not be valid
for the wetland conservation provisions of the Food Security Act
of 1985, as amended. If you or your tenant are U.S. Department
of Agriculture (USDA) program participants, or anticipate
participation in uSDA programs, you should request a certified
wetland determination from the local office of the Natural
Resources Conservation Service prior to starting work. Please be
Agenda Item No. 17 A
June 9, 2009
Page 221 of 272
-
-3-
advised this determination reflects current policy and
regulations and is valid for a period of no longer than 5 years
from the date of this letter unless new information warrants a
revision of the determination before the expiration date. If
after the 5-year period, the Corps has not specifically
revalidated this determination, it will automatically expire.
Any reliance upon this determination beyond the expiration date
may lead to possible violation of current Federal laws and/or
regulation.
You are cautioned that work performed below the mean high
water line or ordinary high water line in waters of the United
States, or the discharge of dredged or fill material into
adjacent wetlands, without a Department of the Army permit could
subject you to enforcement action. Receipt of a permit from the
DEP or the SFWMD does not obviate the requirement for obtaining a
Department of the Army permit for the work described above prior
to commencing work.
The Corps Jacksonville District Regulatory Division is
committed to improving service to our customers. We strive to
perform our duty in a friendly and timely manner while working to
preserve our environment. We invite you to take a few minutes to
visit the following link and complete our automated Customer
Service Survey: http://regulatory.usacesurvey.com/. Your input
is appreciated - favorable or otherwise.
Thank you for your cooperation with our permit program. If
you have any questions concerning this matter please contact
Melissa Ellis by mail at the letterhead address, by electronic
mail at Melissa.A.Ellis@usace.army.mil, or by telephone at 239-
334-1975 ext: 22.
Sincerely,
4i/~tf!~
~avid S. Hobbie
Chief, Regulatory Division
Enclosures
Aoenda Item No. 17 A
x
Date: JuliO, 2008
See Section below
A
B
C
D
E
INITIAL PROFFERED PERMIT: You may accept or object to the permit.
. ACCEPT: /f you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. /fyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on
the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appetll the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
. OBJECT: If you object to the permit (Standard or LOP) because of certain lenns and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections
must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in
the future. Upon receipt of your letter, the district engineer ""rill evaluate your objections and may: (a) modify the permit to address all
of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the
permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit
for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature ~
the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional detenninations associated with the permit.
. APPEAL: If you choose to decline the proffered permit (Siandard or LOP) because of cenain tenns and conditions therein, you may
appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this fonn and
sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.
C: PERMIT D EN1AL: Y uu may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing
Section II of this form and sending the fonn to the division engineer. This form must be received by the division engineer within 60 days of
the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved ill or provide new information.
. ACCEPT: You do not need to notif)' the Corps to accept an approved JD. Failure to not~fy the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal
Process by completing Section II of this fonn and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD.
The Preliminary ill is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps
district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the ID.
Agenda Item No. 17 A
June 9,2009
Page 223 of 272
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REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional infonnation to this fonn to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has detennined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
ou ma rovide additional information to clari the location of information that is alread in the administrative record.
If you have questions regarding this decision and/or the appeal
process you may contact:
Project Manager as noted in letter
If you only have questions regarding the appeal process you may
also contact:
Michael F. Bell
404-562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers persollIlel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of an site investi ation, and "'111 have the 0 ortuni' to artici ate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
ORM Printer Friendly JD Form
Agenda Item No..J:iJA 1 of 6
. June 9, ;20tm'
Page 224 of 272
APPROVED JURISDICTIONAL DETERMINA nON FORM
U.S. Army Corps of Engineers
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETiON DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 30-Jun-2008
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Jacksonville District, SAJ-2008-01696-MAE-JD1
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:
County/parish/borough:
City:
Lat: 26.1789
Long: -81.6395
Universal Transverse Mercator: [J
Name of nearest waterbody: Main Golden Gate Canal
Name of nearest Traditional Navigable'Water (TNW): Main Golden Gate Canal
Name of watershed or Hydrologic Unit Code (HUG):
FL - Florida
Collier
P
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
r
Check if other sites (e.g., offsite mitigation sites, disposal sites, etcd are associated with the action and are recorded on a different JD fOITTl
D. REVIEW PERFORMED FOR SITE EVALUATION:
P"
Office Determination Date:
30-Jun-2008
r
Field Determination Date(s):
rs
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 1 0 DETERMINATION OF JURISDICTION
There (J "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area.
r
Waters subject to the ebb and flow of the tide.
r::
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign
commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There [] 'waters of the U.S." within Glean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area.
1. Waters of the U.S.
a. Indicate pntsence of waters of U.S.ln review area:1
I I
Water Name
Water Type(s) Present
Ngafa Wetland #1
Wetlands adjacent to TNWs
https://orm.usace.army.miVorm2/f?p=106:34:3906560165724653: :NO::APP _FORM _ID:8400
6/30/2008
ORM Printer Friendly JD Form
Agenda Item No.-dJA 2 f6
June 9.:fcmw 0
Page 225 of 272
b. Identify (estimate) size of waters of the U.S. in the review area:
Area: (m2)
Linear: (m)
c. limits (boundaries) of jurisdiction:
based on: []
OHWM Elevation: (if known)
2. Non-regulated waterslwetlands:3
Potentially jurisdictional waters and/or wetla nds were assessed within the review area and detennined to be not jurisdictional. Explain:
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
1.TNW
Not Applicable.
tI dAd'
2. We an lJacent to TNW
Wedand Name Summarize rationale supporting conclusion that wetland 15 "adjacent":
Onslte wetlands extend to 1-75 -7,903' to the south. The headwaters are -700' north of the property. The wetlands sheet
Ngala now and are expected to have shallow subsurface flows into the Main Golden Gate Canal to the H~nderson Creek Basin to
Wetland #1 the 1-75 culverts to Rookery Bay and the Gulf of Mexico. The Main Golden Gate Canal is a TNW in fact because of the
many boat ramps along its length.
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
1. Characteristics of non-TNWs that flow directly or Indirectly into TNW
(i) General Area Conditions:
Watershed size: []
Drainage area: []
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics
(a) Relationship with TNW:
r Tributary flows directly into TNW.
r Tributary flows through [] tributaries before entering TNW.
:Number of tributaries
Project waters are [] river miles from TNW.
Project waters are [I river miles from RPW.
Project Waters are [I aerial (straight) mites from TNW.
Project waters are [] aerial{straight) miles from RPW.
r
Project waters cross or serve as state boundaries.
Explain:
Identify flow route to TNW:5
Tributary Stream Order, if known:
Not Applicable.
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Agenda Item No.tiJ,A 3 f6
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(b) General Tributary Characteristics:
Tributary is:
Not Applicable.
Tributary properties with respect to top of bank (estimate):
Not Applicable.
Primary tributary substrate composition:
Not Applicable.
Tributary (conditions, stability, presence, geometry, gradient):
Not Applicable.
(c) Flow:
Not Applicable.
Surface Flow is:
Not Applicable.
Subsurface Flow:
Not Applicable.
Tributary has:
Not Applicable.
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction:
High TIde Line indicated by:
Not Applicable,
Mean High Water Mark indicated by:
Not Applicable.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Not Applicable.
(iv) Biological Characteristics. Channel supports:
Not Applicable,
2. Characteristics of wetlands adjacent to non- TNW that flow directly or indirectly into TNW
ei} Physical Characteristics:
(a) General Wetland Characteristics:
Prooerties:
Not 'Applicable.
(b) General Flow Relationship with Non-TNW:
Flow is:
Not Applicable.
Surface flow is:
Not Applicable.
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Subsurface flow:
Not Applicable.
(c) Wetland Adjacency Determination with Non-TNW:
Not Applicable.
(d) Proxtmity (Relationship) to TNW:
Not Applicable.
(II) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Not Applicable.
(iil) Biological Characteristics. Wetland supports:
Not Applicable.
3. Characteristics of all wetlands adjacent to the tributary (If any):
All wetlands being considered in the cumulative analysis:
Not Applicable.
Summarize overall biological, chemical and physical functions being performed:
Not Applicable.
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary Itself and the functions performed by
any wetlands adjacent to the tributary to determine If they significantly affect the chemical, physical, and biological Integrity of a
TNW. For each of the following situations, a significant nexus exists If the tributary, in combination with all of its adjacent wetlands,
has more than a speculative or Insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations
when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the
tributary and Its proximity to a TNW, and the functions performed by the tributary and all Its adjacent wetlands. It is not appropriate
to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and Its adjacent wetland
or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain Is not solely
determinative of significant nexus.
Significant Nexus: Not Applicable
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WA TERSIWETLANDS ARE:
1. TNWs and Adjacent Wetlands:
Wetland Name Type Size (Unear) (m) Size (Areal {m"l
Ngala Wetland #1 Wetlands adjacent to TNWs . 21772.08528
Total: 0 21772.08528
2. RPWs that flow directly or indirectly into TNWs:
Not Applicable.
Provide estimates for jurisdictional waters in the review area:
Not Applicable.
3. Non-RPWs that flow directly or indirectly into TNWs:8
Not Applicable.
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Agenda Item No. rlJA 5 of 6
June 9. 2~
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Provide estimates for jurisdictional waters in the review area:
Not Applicable.
4. Wetlands directly abutting an RPW that flow directly or indirectly Into TNWs.
Not Applicable.
Provide acreage estimates for jurisdictional wetlands in the review area:
Not Applicable.
5. Wetlands adjacent to but not direcUy abutting an RPW that flow directly or indirectly into TNWs:
Not Applicable.
Provide acreage estimates for jurisdictional wetlands in the review area:
Not Applicable.
6. WeUands adjacent to non-RPWs that flow directly or indirectJy Into TNWs:
Not Applicable.
Provide estimates for jurisdictional wetlands in the review area:
Not Applicable.
7. Impoundments ofjuriadictional waters:9
Not Applicable.
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS INCLUDING iSOLATED WETLANDS, THE USE, DEGRADATION OR
DESTRUCTION OF WHICH COULD AFFECT iNTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS: 10
Not Applicable.
identify water body and summarize rationale supporting deteonination:
Not Applicable. .
Provide estimates for jurisdictional waters in the review area:
Not Applicable.
F. NON-JURISDICTlONAL WATERS. INCLUDING WETLANDS
I
If potential wetlands were assessed within the review area, these areas did not meet the criteria ill the 1987 Corps of Engineers Wetland
Delineation Manual and/or appropriate Regional Supplements:
I
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce:
I
Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based soley on the "Migratory Bird
Rule" (MBR):
I
Waters do not meet the .Significant Nexus. standard. where such a finding is required for jurisdiction (Explain):
I
Other (Explain):
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June 9, 2~
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Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (ie., presence of migratory birds, presence of endangered species, use of water for Irrigated agriculture), using best
professional judgment:
Not Applicable.
Provide acreage estimates for non-jurisdictional waters In the review area, that do not meet the "Significant Nexus" standard, where
such a finding Is required for Jurisdiction.
Not Applicable.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD
(listed items shall be included in case file and, where checked and requested, appropriately reference below):
Data Reviewed Source Label Source Description
-Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant . -
-Data sheets prepared/submitted by or on behalf of the applicant/consultant - -
-U.S. Geological Survey map(s). - -
-Photographs - -
-Aerial - .
-Other - -
B. ADDITIONAL COMMENTS TO SUPPORT JD:
Not Applicable.
1-Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2-For purposes of this fonn, an RPW is defined as a bibutary that is not a TNW and that typically flows year-round or has continuous flow at
least 'seasonally. (e.g.. typically 3 months).
3.Supporting documentation is presented in Section III.F.
4.Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally
and in the arid Wesl
5-Flow route can be described by identifying, e.g., tributal)' a, which flows through the review area, to flow into tributal)' b, which then flows
into TNW.
6_A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows
underground. or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is
unrelated to the waterbody's flow regime (e.g., flow over a rock. outcrop or through a culvert), the agencies will look for indicators of flow above
and below the break.
7-lbid.
8_See Footnote #3.
9 -To complete the analysis refer to the key in Section III.D.6 ofthe Instructional Guidebook.
10_Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ
for review consistent with the process described in the CorpslEPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
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June 9, 2009
Paae 231 of 272
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D Project Boundary
~ WETLANDS
I DA.TE: 0)-07-08
FlLE: Ngala-NWI Map 03-07-08
PROJECT NO: 502091
AERIAL: N/A
SCALE: I" = 1300'
NGALA
NWI MAP
S; 30!T:49S~;27E
COLLIER COUNTY, FLORIDA
.-:::--:/' [ilrthBaldn(~
2579 NOl1h Toledo Blade Blvd.
Nol1h Port. FL 34289
Tol (9<11) 426-7878
Fill< (941) 426-8778
WW'W.aarthbalance.com
Agenda Item No. 17 A
June 9, 2009
Page 232 of 272
DATE: 9-12-03 NGALA
FILE aerial-survey.dwg FLUCCS/Habitat Map
PROJECT NO: s02091 I m'iLA~{j JURlt:bltTlONAL ~~MINA'ilON
IS. OUTH FL V\lATt:R MANAGEMEI.JT DISTRICT
AERIAL; 1999 CIR Sip! lOWER WEST COAST SERVICE CENTER
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2579 f.lorlh Toledo Blede Blvd.
North Port, FL 34289
Tel (941) 426-7878
rox (941) 426-8778
W \'IV{ .earthbalo nell. com
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Agenda Item No. 17 A
June 9, 2009
Page 234 of 272
EXHIBIT 11
LISTED SPECIES THAT POTENTIALLY OCCUR IN COLLIER COUNTY
Agenda Item No. 17 A
June 9, 2009
Page 235 of 272
Table 1. LISTED ANIMAL SPECIES POTENTIALLY FOUND ON THE COLLIER-NGALA
SITE IN COLLIER COUNTY
As listed with Florida Fish and Wildlife Conservation Commission (FWC) &
U.S. Fish and Wildlife Service (FWS)
Designated Status
Scientific Name Common Name(s) FWC FWS
Amphibians
Rana areolata Gopher (=crawfish) frog SSC
Reptiles
Drymarchon cora is couperi Eastern indigo snake T T
Gopherus polyphemus Gopher tortoise SSC
Birds
Aphelocoma coerulescens Florida scrub jay T
Falco peregrinus tundrius Arctic peregrine falcon E
Falco sparverius paulus Southeastern american kestrel T
Grus canadensis pratensis Florida sandhill crane T
Haliaeetus leucocephalus Bald eagle T(E) T
Mycteria americana Wood stork E E
Picoides borealis Red-cockaded woodpecker T E
Mammals
Felis concolor coryi
Mustela vison evergladensis
Podomys floridanus
Sciurus niger avicennia
Florida panther
Everglades mink
Florida mouse
Big Cypress (=mangrove)
fox squirrel
Florida black bear
E
T
SSC
E
T
T
Ursus americanus floridanus
Key to Listed Species Designated Status
E=
T=
T(E) =
T-SA =
SSC=
Endangered
Threatened
Threatened on State listing, Endangered on Federal listing
Threatened due to similarity of appearance
Species of special concern
Species
Potential Observed
Habitats On Site
411 No
411 No
411 No
411 No
411 No
411 No
624-] No
411,624-1 No
41],624-1 No
41],624-1 Yes
411,624-] No
41] No
4] ] No
411 No
411 No
Agenda item No. 17 A
June 9, 2009
Page 236 of 272
Table 2. LISTED PLANT SPECIES POTENTIALLY FOUND ON THE COLLIER-NGALA
SITE IN COLLIER COUNTY
As listed with Florida Fish and Wildlife Conservation Commission (FWC) &
U.S. Fish and Wildlife Service (FWS)
Status Status Observed
Scientific Name Common Name(s) State Federal On Site
Asclepias curtissii Curtiss' Milkweed E - No
Asplenium auritum Auricled Spleenwort E - No
Asplenium serratum Bird's Nest Spleenwort E - No
Burmannia (lava Fakahatchee Burmannia E - No
Campvlocentrum pachvrrhizum Leafless Orchid E - No
Campvloneurum anf!Usti{olium Narrow-Leaved Strap Fern E - No
Campvloneurum costatum Tailed Strap Fern E - No
Catopsis berteroniana Powdery Catopsis E - No
Catopsis floribunda : Manv-Flowered Catopsis E I - No
I
Catopsis nutans I Nodding Catopsis E - No
Celtis i~uanaea I E No
I Iguana HackberrY -
I I I
I I I
Chamaesvce cumulicola i Sand-Dune Spurge E - i No
Cheilanthes micronhvlla I Southern Lip Fern E - I No
Crossopetalum rhacoma Rhacoma E - I No
Ctenitis sloane! I Florida Tree Fern E - No
Cvrtopodium punctatum Cow-Horned Orchid E - No
Encyclia boothiana val'
ervthronioides Dollar Orchid E I - No
Encvclia cochleata var triandra i Clamshell Orchid E - No
! . I
Encvclia pvamaea ! DwarfEncvclJa I E - No
I
Evidendrum noctumum I Night-Scented Orchid E - No
i I
Epidendrum strobilzferum Pendant Epidendrum E - I No
Gossvvium hirsutum I Wild Cotton I E - i No
Guz.'rzania monostachia 1l:'II,...h1c Brn,t..npli....H~ I 1::: - ~~o
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10nopsis utricularioides Delicate Ionopsis E - No
Jacauemontia curtissii I Pineland Jacouemontia E - No
I I
I Gulf Coast Florida Lantana
i Lantana depress a var sanibelensis I E I - No
I
2
Agenda Item No. 17 A
June 9,2009
Page 237 of 272
Table 2. Listed Plant Species Potentially Found in Collier County (continued)
Status Status Observed
Scientific Name Common Name(s) State Federal On Site
Lechea cernua Nodding Pinweed T - No
Lechea divaricata Pine Pinweed E - No
Lechea lakelae Lakela's Pinweed E - No
Lepanthopsis melanantha Tiny Orchid E - No
Linum carteri smallii Carter's Large-Flowered Flax E - No
Maxillaria crassifo/ia Hidden Orchid E - No
Microf!.ramma heterovhylla Climbing Vine Fern E - No
Myrcianthes fragrans var
simpsonii Twinberrv T - No
Peperomia f!.labella Cypress Peperomia E - No
Peperomia humilis Terrestrial Peperomia E - No
Peperomia obtusifo/ia Blunt-Leaved Peperomia E - No
Pleurothallis gelida Frost-F]ower Orchid E - No
Pteris bahamensis Bahama Brake E - No
Ptero/{lossaspis ecristata Wild Coco T - No
Rovstonea elata Florida Royal Palm E - No
Selaf!.inella eatonii Eaton's Spikemoss E - No
Spiranthes torta Southern Ladies'- Tresses E - No
Stv/isma abdita Scrub Stylisma E - No
Thelypteris reptans Creeping Fern E - No
Thrinax radiata Florida Thatch Palm E - No
Tillandsia balbisiana Inflated Wild-Pine T - No
Tillandsia fasciculata Common Wild-Pine E No
-
Tillandsia flexuosa Banded Wild-Pine E No
-
Tillandsia pruinosa Fuzzy- Wuzzy Air-Plant E - No
Tillandsia utriculata Giant Wild-Pine E - No
Tripsacum floridanum Florida Gama Grass E - No
Vanilla phaeantha Brown-Flowered Vanilla E - No
Zephvranthes sim"{JSonii Rain Lily I T - No
E = Endangered
T = Threatened
T(E) = Threatened on State listing, Endangered on Federal listing
T -SA = Threatened due to similarity of appearance
SSC = Species of special concern
3
EXHIBIT 12
UPDATED FORMAL GOPHER TORTOISE SURVEY
Agenda Item No. 17 A
June 9, 2009
Page 238 of 272
May 16, 2008
Agenda Item No. 17 A
~:.f009
?e 2:.~ 272
~
farth Balancel:
Mr. Donovan Smith
Close-Up Creatures, Inc. (Ngala)
2755 Inez Road
Naples, FL 34117
Corporate Office
2579 North To]ccJi, Blade Buulevard
North Port. FL .14289
94] 426,7878
941 ,-126.I\77X fax
www.carl h halanl't~.nml
RE: Gopher Tortoise Survey
:!: IO.6-acre NgalaParcel (No. 00335000005)
Section 30, Township 49S, Range 27E
Collier County, Florida
Dear Mr. Smith:
On May 14, 2008, EarthBalance(!;) biologists conducted a fonnal 100% gopher tortoise survey of
the above-referenced parcel located in Section 30, Township 49 South, Range 27 East, Collier
County, Florida. The property is surrounded by pine tlatwoods to the north, east and south and
disturbed cypress wetlands to the west. The majority of the site consists of mesic pine tlatwoods
habitat although there are cabbage palm/saw palmetto areas scattered throughout the survey area.
The purpose of the assessment was to conduct a 100% survcy of suitable gopher tortoise habitat
on the property.
METHODOLOGY
The following mcthods were employed to assess the propeny:
· Field inspection of the site for evidence of protected species, specifically the gopher
tortoise.
· Aerial photograph interpretation of the subject property.
· Review of the Soil Survey of Call ier County, Florida (1954) and documentation of the
soil characteristics on site. .
HABITAT
A pedestrian survey of the site was conducted to identify habitat types on site and to determine if
gopher tortoise burrows were present 011' the site. Using the methodologies detailed above, we
developed a map of the habitats according to the Florida Land Use, Cover, and Forms
Classification System (FLUCCS). The enclosed map illustrates the habitat types observed on site
(Figure 1). The table belo\v details the habitats observed within the surveyed areas identified as
potential gopher tortoise habitat.
Offices ]n: /)O\'CII/'''I'I. N",.,11 P"I'I. 7ti/lal1ass('t'
.
Agenda Item No. 17 A
June 9, 2009
Page 240 of 272
FLUCCS Habitat Description Acreage
Code
Uplands
144/1 80 Cult ural/Rec reational 1.32
41 ] Pine Flatwoods 0.30
4] 1/433 Mesic Pine Flat\\'oods/Western Everglades 4,32
Hardwoods
428 Cabbage Palm/Saw Palmetto 1.92
Totals 7.86
The remaining habitats as depicted on Figure 1 are 110t considered potential gopher tortoise
habitat and therefore were not surveyed.
UPLANDS
The survey areas consist of approximately 7.86 acres of upland habitat. Below is a description of
the upland habitats surveyed on site.
CulturallRecreational (FLUCCS 144/180)
These areas, which contain artifacts and antiques. are used for meetings and gatherings as well as
open air entertainment areas for the exhibition of animals. The majority of the area consists of a
large tent structure that is lIsed for educational programs and entertainment. However, the
northern and southern portions. which consist of pine tlatwoods, were surveyed for gopher
tOJ1oise.
Pine Fhltwoods (FLUCCS 411)
This native upland habitat is scattered throughout the site. Slash pine (Pinlls elliollii) is the
dominant species in -this habitat with an occasional cabbage palm (,r..,'ahal palmelfo). Other
frequent species include poison ivy (Toxicodulldrull radicons). cnesnnveed (Urenu lobala). and
grapevine (Vilis rollmd(,fo/ia). Common scattered species include saw palmetto (Scrcnoa repcns),
catbrier (SlIlilat bOl1a-l1ox). air plant (Tillanc!.I'ia sClacea). beautyberry (Cal/icarpa americanu),
and tallmvwood (Ximcnia americUlIO).
Mesic Pine Flatwoods/ Western Everglades Hardwoods (FLllCCS 411/433)
This transitional upland community, is the most common upland habitat surveyed on site. Slash
pine is the dominant species in the canopy with scattered pond cypress (Taxodium ascendens) and
occasional cabbage palm. The subcanopy, although sparse. includes occurrences of wax myrtle
{J\1..vrica cerifera). tallowwood, dahoon holly (flex cassine). grapevine. air plant. and poison ivy.
Groundcover includes scattered occurrences of saw palmet1o, prostrate false butto1l\vced
(Spermacoce pros Irate ). caesarweed, flat sedges (() perus spp.). saw palmetto, cat brier. umbrella
grass (Furiena scripoides). musky mint U(vplis alala). and swamp fern (Blecl7l11111l serrulatum).
Cabbage Palm/Saw Palmetto (FLUCCS 428)
The cabbage palm/saw palmetto areas are dry and contain dense clusters of cabbage palm with
overgrown saw palmetto and dense grapevine_ Common species include \vax myrtle.
beautyberry. and poison ivy. Occasional species include tallmvwood. catbrier. slash pine. and
Agenda Item No. 17 A
June 9, 2009
.Page 241 of 272
dahoon holly. Brazilian pepper (Schinus terebinthifolius) is infrequent, but beginning to invade
this habitat.
SOILS . -
According to the Collier County Soil Survey (1954), the surveyed areas on site are eomposed of
Oldsmar fine sand with a limestone substratum and Riviera fine sand with a limestone
- substratum. Oldsmar fine sand is found along the western portion of the property and in the mid
to lower eastern portion of the site. This soil type is nearly level, poorly drained soils in
t1atwoods areas, and has a slow permeability. These soils are characterized by a water table that
is within 10 inches of the surface for I to 3 months and 10 to 40 inches below the surface for 2 to
6 months per year. It recedes to a depth of more than 40 inches during extended dry periods. .
The north portion of the site contains Riviera fine sand, which continues through the center of the
property. These soils are nearly level, poorly drained soils found in sloughs and poorly defined
drainageways. The soils in this area have moderate to moderately rapid permeability and are
usually. vegetated with slash pine, cypress. cabbage palm. and wax myrtle.
WILDLIFE
The following summarizes wildlife issues associated with this project area.
GOPHER TORTOISE (Gopherus po(vphemus)
The gopher tortoise is listed by the Florida Fish and Wildlife Conservation Commission (FWC)
as Threatened. Gopher tortoises prefer dry, well-drained soils that are not typical on the site.
Meandering pedestrian transects were conducted on all uplands suitable for gopher tOl1oise
throughout the site, according to the official guidelines used by the FWC. The property contains
marginal habitat for gopher tOl10ise. A formal survey covering 100% of suitable habitat within
the 7.86 acres revealed 110 gopher tortoise burrows and no utilization of the site. Any clearing
activities associated with these areas will have no impact on the gopher tortoise, therefore no .
pennitting is necessary at this time. Please contact me at (941) 426-7878 if you have any
questions about t!1is report.
Sincerelv.
EarthBaiance@
//---..~, ~
\ )' I.~r ,,", r-o \ . ,
\. I / '~~i._. '''' ~,./. I
'~--'I 'J
- --+/ (!
C/(J'./ CO-"~ '
Jessica Lyn Dostal
Biologist IV
Attachment
cc: file (02091.3)
Aoenda Item No. 17 A
~ June 9, 2009
Page 242 of 272
FIGURE 1
CulluraVRecreatlonal
Recreational
AquaOJllure
Pine Flatwoods
Mesic Pine Flalwoodsl
Western Everglades Hardwoods
Cabbage Palm/Saw Palmetto
Cypress/Pine/Cabbage Palm
Roads
Parking
Tolal Acreege:
DATE 04-03-08
FILE: I 0 acre FLUCCS Map 04-03-08.mxd
PROJECT NO: 50209]
AER]AL 2006 TC 6 in stpleft (Collier)
SCALE: I" = 75'
NGALA
FLUCCS/HABITAT MAP
FOLIO No. 00335000005
COLLIER COUNTY, FLORIDA
~ filrthBilliln(~'
2579 North Toledo Blade Blvd
North Port, FL 34289
Tel (941) 426-7678
Fax (941) 426-8776
WWN.earthbalance_com
Agenda Item No. 17 A
June 9. 2009
Page 244 of 272
EXHIBIT 13
EMAIL CORRESPONDENCE WITH U.S. FISH AND WILDLIFE SERVICE
From: Brad _ Rieck@fws.gov
Sent: Wednesday, March 05,2008 7:54 AM
To: Tammy Lyday
Subject: Fw: NGALA property, Naples
Agenda Item No. 17 A
June 9, 2009
Page 245 of 272
----- Forwarded by Brad Rieck/R4/FWS/DOI on 03/05/2008 07:48 AM -----
Brad RieckIR4/FWS/DOI
03/05/2008 07:43 AM
To: "DarcoChristopher"
<ChristopherDarco@colliergov.net>
Subject: NGALA property, NaplesLink
Chris,
In this case, and most others, unless a Federal action ageny (such as the Corps) reinitiates
consultation, we do not have a compliance process for the "after the fact" impacts. In more
extreme situations, where clear harm/death of an individual could be established and traced to
someone, our Law Enforcement staff could investigate.
We require no further surveys in this case.
Brad
From: Brad _ Rieck@fws.gov [mailto:Brad _ Rieck@fws.gov]
Sent: Wednesday, March 05,2008 7:54 AM
To: Tammy Lyday
Subject: RE: Ngala site, Collier County
I sent an em ail to Chris. I will forward to you.
"DarcoChristopher"
<Christopher Darco@colliergov.net>
03/04/200803:15 PM
To: <brad_rieck@fws.gov>
cc
Subject: NGALA property, Naples
Hi Brad,
I spoke with Tammy Lyday from Earthbalanee earlier today and she told me she discussed with
you the issue of cover loss for the RCW habitat on the NGALA property. It is my understanding
that USFWS does not have a compliance department for "after the fact" impacts to listed species
habitat. Therefore, there would probably not be any after the fact mitigation requirements for
the applicant. Tammy also mentioned that your recommendation was that no further surveys
Agenda Item No. 17 A
June 9, 2009
Page 246 of 272
would be required for RCW's on the property. Would you please confirm this information given
to me so I can bring this information forward to management for evaluation.
Thank you!
Chris D 'Area
Environmental Specialist
Collier County Environmental Services Department
2800 North Horseshoe Drive
"Tammy Lyday"
<tlyday@earthbalance.com>
03/04/2008 03:05 PM
To: <Brad _ Rieck@fws.gov>
cc "Tammy Lyday" <tlyday@earthbalance.com>
Subject: Ngala site, Collier County
Brad,
If you recall we spoke a few weeks ago regarding this project. To summarize our conversion,
FWS can not consult on past impacts to RCW foraging, in that they have no compliance
regulatory mechanism for previous impacts. So with regard to the Collier County's request from
the land owner to obtain technical assistance, FWS is not able to assist with this issue.
In addition, the County is requesting additional RCW surveys. As we spoke, this would not be
necessary since we determined from previous surveys that the entire parcel is foraging habitat.
Please provide any clarification that is required. I did give Chris D'/uco with Collier County
your email address ifhe would like to discuss this project with you further.
Thanks for your help,
Tammy Lyday
Tammy Lyday, PMP
Senior Biologist
2579 N. Toledo Blade Blvd.
North Port, FL 34289
(941) 426-7878
(941) 426-8778 fax
www.earthbalance.com
-----Original Message-----
From: Tammy Lyday
Sent: Tuesday, February 12,20089:37 AM
To: Brad_Rieck@fws.gov
Cc: 'Alfredo_Begazo@fws.gov'; Tammy Lyday
Agenda Item No. 17 A
June 9, 2009
Page 247 of 272
Subject: RE: Ngala site, Collier County
Brad,
This email is to follow up with you on my phone message last week. I have a project site which
is in Collier County that is zoned agriculture. In 2002-2003 we conducted a 5-day survey and a
tree cavity survey and determined that RCWs were using the property on for foraging habitat.
No nest trees were observed on site. Minor clearing had been conducted on site for a small
parking area and event tent; therefore we asked Mr. Dusty Perkins for a courtesy site visit to
determine if these were potential impacts and provide compensation options. It was determine
that the past work was considered an impact to RCW foraging habitat. No written
correspondence was obtained from Mr. Perkins.
Weare currently working with Collier County to obtain a conditional use permit and they have
requested a fall and spring foraging surveys and / or a 10 day survey on the site. We feel that
additional surveys are not necessary since we have determined the entire site to be potential
foraging habitat. The County would then like us to obtain written concurrence that additional
surveys are not required. They would also like us to obtain written correspondence regarding the
impacts on site.
Please let me know how we can proceed in resolving these matters. As you can see these issues
have been around for a long time and the client is willing to resolve these issues.
Thanks for your help,
Tammy Lyday
Tammy Lyday, PMP
Senior Biologist
2579 N. Toledo Blade Blvd.
North Port, FL 34289
(941) 426- 7878
(941) 426-8778 fax
www.earthbalance.com
-----Original Message-m-
From: Alfredo _Begazo@fws.gov [mailto:Alfredo _ Begazo@fws.gov]
Sent: Thursday, February 07, 2008 7:39 AM
To: Tammy Lyday
Subject: Re: Ngala site, Collier County
Tammy,
The link below will lead you to information on the RCW, survey protocols and more. The
biologist for Collier County is Brad Rieck at extension 231.
Aaenda Item No. 17 A
- June 9, 2009
Page 248 of 272
hUp: //V,lWW. fws. gOV /vero beach/index. dm ?method=programs&N av Program Category ID= 3 &prog
ramID= 13&ProgramCategorvID=3
Regards,
AI Begazo, PhD
South Florida Ecological Services
Fish and Wildlife Service
1339 20th Street
Vero Beach, FL 32960
Phone: 772-562-3909 ext. 234
Fax: 772-562-4288
alfredo begazo@fws.gov
"Tammy Lyday" <t1yday@earthbalance.com>
02/06/2008 01: 1 0 PM
To: <Alfredo _ Begazo@fws.gov>
cc
Subject: Ngala site, Collier County
AI,
I am looking to request technical assistance for red-cockaded woodpeckers on a project in Collier
County. A site visit was conducted with Dusty Perkins in 2003 to review the on-site impacts
however no further correspondence was conducted thereafter. The site has previously clearly
some RCW foraging habitat and we are now looking to provide mitigation for these impacts.
Could you please provide me with the information I would need to start technical assistance and
an ES reviewer who may be handling Collier County.
Thanks for your time,
Tammy Lyday
Tammy Lyday, P.~P
Senior Biologist
2579 N. Toledo Blade Blvd.
North Port, FL 34289
(941) 426-7878
(941) 426-8778 fax
., 1 1
www.eannoalance.com
Agenda Item No. 17 A
June 9, 2009
Page 249 of 272
EXHIBIT 14
MASTER SITE FILE LETTER
1:1 I\'1$lONS Of PLORIlJA DF!').IlTMENT (
o fflce 0/ th" :ieom..'tl')'
C.fi!"" of 11Ite.r""",,,nal Rei; "otiS
[)j vi:;i(m of :;,,,,,<lm,.
!:'i\'~lo.r. of ~'Drpornti{ln::t
eri V\!Jior of ('.ll ~JrfJ t'JiAirs
Dj vision of Kistori::at P.1:>(J'Jl'C~
JoiVi.&.ion of LibrdfY at'ld hl!ur.DUtiuT. 5€TYt-: t~S
;;'i\'1i;ior. of J,ic~~i~S
f>"i vl$ior of AdmJ.n13tr"!1Y' Seriicrs
"'TE
~ ,
~~~...~~
FLORIDA DEP.A.RTMENT OF STATE
Katherine HaLris
S€cretary of Smte
DIV1SIOl'...; OF HISTORICAL RESOURCES
MEMBER OfTHt nORWALABlN!;T
St~f(!"'&J",J. pi E~'I\iOn
:MI."" Df tb!~~\MiW.JlW.Qib~~l'ul;(l"ibd
Ad~o~"
FIDnda Land 3fld \\la\'2r[ABi~~~~1t~on
5ili',gi'lL)?r<;1
Division cf llOi\d FlnA~,V
DepEl..r.::;:r..cnt~.f REtV~tH,l.it
Dep.l;rtment of Law En.'er~ernet.t
Det'>J't;l',"M ~i HJghway SrJery iLJ",d MotOr V ",rud~:
J).p&r'm"'r.u~f Veteran,' Alilin
October 22, 2002
Ms, Sh~nnOD Ruby
Earthbalance
FAX#: 239-225-0032
Dear Ms. Ruby:
In response-; to your inquiry of October 21, 2002, the Florida M:l.ster Site File lists no previously re!;orded
cultural resources in the fo!Jo\;ving parcels:
T49S, R27E, Section 30
In interpreting the results of our search, please remembct the folloYr'ing points:
".'''
.. Areas that have not beem completely surveyed, such :as YOUr89 may contain unrecorded
archaeological sites, unrecorded histodcaUy important structures~ or both.
.. As you may koow, state and fedenl Ia.Wli require forfiu,i environmental review for some
projects. Record s~arches by the sid"! of tbe }ilorid.a .Master Site File do Dot coustitute
such a review of cultural resources. If ~Jour project fails under these laws, you should
contact the Compliaace Review Sectioll of t.he BuremJ of Hisiodc PreservatiOJlllt 850-
245-'6333 or at this address.
,"' 1 /1
~]n::ere y, I ~ 'if
f2~7k~~
. rr-- .6
Rya.."'1 Spinella
Data lll1alyst, Florida Master Sitt" File
Di'vlsion of Hi.:;torlcal Resource!'
R.. A Gray Building
500 Sout.h Bronough Street
Tallahassee, FJorida 32399-0250
Phone: 350-245-6440
State SunCom. 205-6440
Fax line: 850-245-6439
Email: jl":1.s/Ue@maildos.statefl-u3
Web: http,/-'WfVlt.dos.Slafefl.usidh':'rmj!
5005, Rrorwugh Street ~ T:dllllIassc-t. FL 32399-0250 . http;!/www.l1l1e!.i{age.com
LI DL><ectL""'~ Office
(.3;.C) ~~iYJ3CO ot Fi;A: 2.15-6435
Ll A1.\cha~{)lcg'ic,d RfS1_~~=ch
(&&O~, 24='..Q~'" FA.X: ].f3..6426
o His,ori, Pte~<-:l-::'Nion
(EiSO) 245..f{J:33 .. F..-\.<~ 24lr--643"1
Cl Hi~oric~l !Y1ti.S~un1S
(,5()j 245-:':>4.00 . FAX: 245-64'33
.::1 hlm'B~ad1 Regi"Tl~l Olflce-
D Sf. .~Il.g-.'.;,t!ne Rr"p'lnal Offi.ce
:'l Tur.pa R~tion-.l (}ffkt
TOTAL P.Ol
Odober 3, 2006 DRAFT
Agenda Item No. 17 A
June 9, 2009
Page 251 of 272
COMPLIANCE AGREEMENT
CLOSE-UP CREATURES, LLC
This Compliance Agreement ("Agreement") is entered into and made on this _ day
, 2006, by and between the BOARD OF COUNTY COMMISSIONERS,
of
COLLIER COUNTY, a political subdivision of the STATE OF FLORIDA ("County") and
CLOSE-UP CREATURES, LLC, a Florida Limited Liability Company (formerly CLOSE-UP
CREATURES, INC.), d/b/a Ngala, and R. DONOVAN SMITH, individually, and ODYSSEY
EXPERIENCES, LLC (collectively referred to as "Creatures") with respect to Board of County
Commissioners, Collier County, Florida v. Close-up Creatures. Inc., d/b/a Ngala, Case Nos.
2003-008,2003-009, and 2003-010 (collectively referred to as "Claims"), filed before the Collier
County Code Enforcement Board ("CEB").
RECITALS
WHEREAS, on February 27,2003, the CEB held a public hearing regarding Case No.
2003-008, finding Creatures in violation of then-existing Collier County Land Development
Code ("LDC") Sections 3.8.3(3), 3.11.3.2, and 3.9.3; and on March 12, 2003, the CEB entered
an "Amended Findings of Fact, Conclusions of Law, and Order of the Board" regarding Case
No. 2003-008 ("CEB Order"); and
WHEREAS, at the CEB hearing on February 27,2003: (a) the County voluntarily
dismissed Case No. eEB 2003-010, with prejudice; and (b) the CEB, at the request of the
County, continued adjudication of Case No. CEB 2003-009; and
Agenda Item No. 17 A
June 9, 2009
Page 252 of 272
WHEREAS, Creatures appealed the CEB Order in the Twentieth Judicial Circuit in and
for Collier County, Florida, and said appeal is presently abated by stipulated court order pending
the outcome of Case No. CEB 2003-009; and
WHEREAS, on February 6,2003, Creatures submitted an application for a conditional
use permit to the County ("Application"), which is now pending review by the County; and
WHEREAS, the Application is for conditional uses including, but not limited to, the
following uses as classified in the then-existing LDC under Section 2.2.2.3: (a) Paragraph 23:
cultural, educational or recreational facilities; (b) Paragraph 24: animal breeding, raising,
training, and stabling; and (c) Paragraph 25: raising or breeding of exotic animals; and
WHEREAS, the County adopted amendments to its comprehensive plan, which became
effective in October 2004 ("Plan Amendments"), after Creatures filed its Application and after
the CEB Order was entered; and
WHEREAS, Creatures is ofthe opinion that it is subject to the comprehensive plan that
was in effect at the time it filed its Application in February 2003, which was prior to the effective
date of the Plan Amendments; and
WHEREAS, the County is of the opinion that the Application submitted prior to the
comprehensive plan's effective date of October 2004 is governed by the Plan Amendments; and
WHEREAS, recognizing the different opinions, the County adopted additional
amendments to the comprehensive plan, which the Florida Department of Community Affairs
found in compliance with the Plan Amendments, regardless of the parties' prior opinions; and
WHEREAS, consistent with Creatures' defense during the prosecution of Case No. CEB
2003-008, Creatures asserts that beginning in 1989 it has been breeding, raising, training, and
stabling exotic wildlife with applicable United States Department of Agriculture and Florida Fish
2
Agenda Item No. 17 A
June 9, 2009
Page 253 of 272
and Wildlife Conservation permits and is exempt from local regulations requiring permits under
the Florida Right to Farm Act; and
WHEREAS, Creatures and the County have met and agreed that Creatures will submit a
request for an interpretation to the Director of Zoning Review and Development for Collier
County in accordance with LDC Section 10.02.02.F., which request shall include detailed factual
information as to the uses and activities that are conducted by Creatures; and
WHEREAS,.during the aforementioned meetings, Creatures and the County agreed that
Creatures' pursuit of the Application and the County's review of the Application, were
secondary to the request for interpretation, but still a viable alternative; and
WHEREAS, Creatures and the County, without admitting any liability or fault by either
of them, recognize the cost and uncertainties of continuing to pursue and defend the Claims and
litigate appeals in circuit court, and acknowledge their mutual desire to resolve these issues; and
WHEREAS, Creatures and the County desire to reduce their agreement regarding the
claims to writing so that it will be binding upon Creatures and the County and their respective
predecessors, successors, heirs, assigns, employees, former employees, elected officials, former
elected officials, officers, agents, representatives, attorneys, insurers, sureties, and affiliates.
WITNESSETH:
NOW THEREFORE, in consideration of the mutual covenants and promises and
considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by
both Creatures and the County ("the Parties"), and with the intent to be legally bound, the Parties
mutually agree to the following:
I. The Parties agree to adopt and incorporate by reference the foregoing recitals,
sometimes referred to as "Whereas clauses," by reference into this Agreement.
3
Agenda Item No. 17 A
June 9. 2009
Page 254 of 272
2. The County agrees to stay the enforcement of Case No. CEB 2003-009, including
the issuance of subpoenas in Case No. 2003-009, pending the processing of the Request for
Interpretation and the Application.
3. No later than forty-five (45) days from the execution of this Agreement, and in
accordance with LDC Section lO.02.02.F., Creatures agrees to submit a complete and fully-
compliant request for interpretation from the County, which request shall contain detailed facts
regarding all uses and activities conducted, or proposed to be conducted, by Creatures at 2755
Inez Road, S.W., Naples, Florida.
4. If it is determined by the County that all uses and activities are permitted as a
matter of right or are an accessory to a permitted use as a matter of right, Creatures will, within
forty-five (45) days thereafter, apply for County approval of a Site Development Plan ("SDP"),
including those elements of an approvable SDP provided under the applicable provisions of the
LDC. At a minimum, as part of the SDP approval process, Creatures agrees to restore one-half
(0.5) acre ofthe subject property to native vegetation in mitigation for past alleged violations.
Also, upon County approval of the SDP, Creatures will, within forty-five (45) days thereafter,
apply for after-the-fact building permits or certificates of occupancy, as applicable, for all
buildings or structures existing on its property as of the date of this Agreement, which have not
otherwise received the authorization of a building permit, with the exception of: (a) those
buildings or structures on land for which the Collier County Property Appraiser has granted an
agricultural exemption and which otherwise comply with best management practices for the
breeding; raising, training, and stabling of its exotic wildlife, as defined by Section 823.14,
Florida Statutes; or (b) a structure which may be considered by the County as a nonresidential
farm building as defined by Section 604.50, Florida Statutes.
4
Agenda Item No. 17 A
June 9,2009
Page 255 of 272
5. The County agrees to act in good faith and use its best efforts to process and
timely issue any future permit or certificate of occupancy for which Creatures submits a
complete and fully compliant application.
6. Upon execution of this Agreement, the County agrees to issue a "conditional"
zoning certificate to Creatures or Odyssey Experiences, LLC, so that either or both entities may
receive an occupational license for the current calendar year for the appropriate class as
identified by the Tax Collector. All "conditional" zoning certificates will be rendered null and
void in the event that the County's decision on the interpretation is that all uses and activities
conducted by Creatures are allowed.
7. Once Creatures obtains all necessary approvals pursuant to this Agreement, the
County agrees to dismiss Case Nos. CEB 2003-008 and CEB 2003-009, with prejudice, and to
file a Notice of Compliance with the CEB, with respect to both cases, pursuant to applicable
CEB procedure.
8. Nothing herein, including the "Whereas clauses," shall be construed to waive any
rights either Party may have under Federal, State, or Local law.
9. Both ~arties shall bear their own legal fees and costs incurred at any time in
connection with the negotiation and consummation of this Agreement.
IO. The Parties represent and warrant to each other that they are authorized to enter
into and have the authority and ability to perform the terms of this Agreement.
11. This Agreement is the result of a compromise of disputed matters and claims and
it is understood that the execution and performance of this Agreement by the Parties does not
constitute, nor shall it be construed as, an admission that Creatures has violated any law, statute,
rule, regulation, or ordinance of the United States, the State of Florida, or Collier County.
5
Agenda Item No. 17 A
June 9, 2009
Page 256 of 272
12. This Agreement shall be governed by the laws of the State of Florida.
13. The Parties have freely and voluntarily executed this Agreement after they have been
apprised of all relevant information concerning this Agreement and after they have received
advice of their respective attorneys. In executing this Agreement, the Parties do not rely on any
inducements, promises, or representations other than the promises and representations set forth in
this Agreement. In this regard, the Parties acknowledge that this Agreement is the product of
mutual negotiation and no doubtful or ambiguous provision in this Agreement is to be construed
against any Party based on a contention that the Party drafted the ambiguous language or that the
Party was intended to benefit from the language or clause in question.
14. This Agreement may be amended only by a written instrument specifically referring
to this Agreement and executed with the same formalities as this Agreement.
15. Should any provision of this Agreement be declared or be determined by any court to
be illegal or invalid, the validity of the remaining parts, terms, and provisions shall not be
affected thereby and such an illegal or invalid part, term, or provision shall be deemed not to be
part of this Agreement.
16. In the event of a breach of this Agreement, the sole venue for any such action shall be
the Twentieth Judicial Circuit in and for Collier County, Florida, in Naples, Florida.
17. This Agreement supersedes and replaces all prior agreements and understandings and
constitutes the entire agreement between the Parties, and no other agreements, oral or written,
exist between them relating to any matters covered by this Agreement or any other matter
whatsoever.
6
. .
Agenda Item No. 17 A
June 9. 2009
Page 257 of 272
18.
Any number of counterparts of this Agreement may be signed and delivered,
including via facsimile, which shall be accepted as originals, and each of which together shall
constitute one and the same Agreement.
19. Except as expressly provided for herein, the Parties represent and warrant that in
executing this Agreement, they do not rely upon and have not relied upon any oral or written
representation, promise, warranty, or understanding made by any of the Parties or their
representatives with regard to the subject matter, basis, or effect of this Agreement.
20. The Parties acknowledge and assume the risk that facts, additional and different or
contrary to the facts which they believe to exist, may now exist or may be discovered after this
Agreement has been entered, and the Parties agree that any such additional, different, or contrary
facts shall in no way limit, waive, affect, or alter this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Frank Halas, Chairman
WITNESSES:
CLOSE-UP CREATURES, LLC
A Florida Limited Liability Company
Print name:
By:
Name, title
Print name:
7
.. " . .
Agenda Item No. 17 A
June 9, 2009
Page 258 of 272
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2006, by [name], as [title], who is [ ] personally known to me, or [ ] has produced [state]
driver's license number as identification.
(SEAL)
NOTARY PUBLIC
Name:
(Type or print)
My commission expires:
Approved as to form and legal sufficiency:
Jeff E. Wright
Assistant County Attorney
8
Agenda Item No. 17 A
June 9. 2009
Page 259 of 272
RESOLUTION NO. 09 -
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, PROVIDING FOR THE EST ABLISHMENT 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-NATNE 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 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.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
2.03.0 1.A.I.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] of3
Auenda Item No. 17 A
- June 9, 2009
Page 260 of 272
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, 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.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 FlTRTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and super-majority vote this _ day of
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
jegal sufficiency:
Steven T. Williams
Assistant County Attorn~
l'1i _
't.,noO'"
CU-1003-AR-3725 NGALA
Revised 04/23/09
Page 2 of3
Agenda Item No. 17 A
June 9, 2009
Page 261 of 272
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 of3
Agenda Item No. 17 A
JUlie ~< LOU;:!
Page 262 of 272
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:
_ No affect or /Affect mitigated by ~b-A--0lLS Clt-J c\ lov-~r.s
_ 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 shouid, wit.~ stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: j. \?l... D ~
CHAlRMft~~J ~~
I
EXHIBIT A
Agenda Item No. 17 A
June ~, ~UU8
Page 263 of 272
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:
~ 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: MtY1c~ \q: ?Q11
rb!i _.1'd~._
~
EXHIBIT A
Agenda Item No. 17 A
JU"t:; 9, 2009
Page 264 of 272
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMl\flSSION
FOR
A CONDDaONAL USE PETITION
CU-2003-AR-3725
The following facts are found:
1. SectioDS 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:
1/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 findings, this conditional use should, wi s ulations, (copy attached) be
recommended for pproval to the Board of Zoning Appeals.
MEMBER:
DATE:
I
J
EXHIBIT A
Agenda Item No. 17 A
June 9, 2009
Page 265 of 272
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
-'-
~-2003-AJl-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, t.lUs conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
~~.
/~
DATE: :) ..- / 9' -tFl
EXHIBIT A
~J(;a:r v/~-</v:r-r/
Agenda Item No. 17 A
June ~, LUU~
Page 266 of 272
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COlMMISSION
FOR
A CONDITIONAL USE PETmON
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 _ 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'-.o p
MEMBER: 4z ~ ~~
EXHIBIT A
Agenda Item No. 17 A
June 9, 2009
Page 267 of 272
~""""""
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 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
k~lJuGy O/V~y ~U~e:3) tJ/UJ'S 4- /..-1 M.OS
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or V 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
,!ti
I:
Based on the above findings, this conditional. use should, with stipulations, (copy attached) be
recommended for approval. to the Board of Zoning Appeals.
DATE: {V1ifJe.C.H ,CJ i ).a;Cj
MEMBER: f-IP--?1 J11L-t '72t d ~
I
EXHIBIT A
Agenda Item No. 17 A
June 9. 2009
Page 268 of 272
FINDING OF FACT
BY
COLLIER COUNTY PLANNING CO:Ml\1ISSION
FOR
A CONDmONAL 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.S.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-l!- 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 ingresjA egress
Yes --1L- 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: -.JJ J 1 ) rfi
I I I
, .
MEMBER'-Y~ (j~
I
EXHIBIT A
Agenda Item No. 17 A
June 9, 2009.
CU-2003-AR-3725 Page 269 of 272
NGALA Conditional Use
Pr~ed:2002090086
Date: 6/10/08
LEGAL DESCRIPTION:
THE NORTHEAST 1/4 OF THE SOurHEAST 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, TOWNSHlP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
D IECIEOVIETI
~ JUN 1 0 2008 IU
~
CU-2003-AR-3725
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Agenda Item No. 17 A
June 9,2009
Page 271 of 272
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 fmal 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
Agenda Item No. 17 A
June 9. 2009
Page 272 of 272
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 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