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Agenda 06/09/2009 Item #17A Agenda Item No. 17 A June 9, 2009 Page 1 of 272 - 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. - 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. - 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. Page 2 of 6 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: Page 4 of 6 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. 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I)I'fm'~ ,I'-~.\l' U.J.'II\lJ~' I' i ~ i ~ I 31 i i I; ~ . ~~ j~ <1& 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 IBAIIII . ._ _... ! I - -. ." . II.. II" ,. -., IillI lI1lll!II._ t1 .--.- - - - . .- !Ill! . I .. ... :.. '.....1 . . .....:' . .. ..1 ... · II _ ... 11II ~ !ltu. lIlI -:,-.11 I .,.. I. · II~ ,-'.- _ 111 III 11II I ,..- - - ... ... II!!! .. rill a; :-11.'- I · .. T.. II ... . -II. IIl.i !I ... ,I..... ...1.... · 111- ..8" .." . II... II;; 11II ... .. . Iili!IIII ....~... .-. Ii II - ill II 11I- IIB- 11 -. ... III . .. III -.. 81\- II ". .II ill =: _,. .. ,III --.. -:'.,1 .. -- Agenda Item No. 17 A June 9, 2009 Page 13 of 272 -IIi! iIi1IIIl1 I I ~ III .. III II 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, _~ AP/>LlCAT/ON FOR PUBLIC HEARING FOR CONDITIONAL USE - 2/7/03, r..... 1 S:\2007\070054.00.o0 Nf1cJc Ccn:!itiOf?oJ Use\Ooor (;(,~ CcmruJIClJion Plon~IlQ\CU App1;UJ1ion SlIp,DllII'l\t sJ Suffiri~nf:Y kespo.nn\.2C08.06.02 CU Application.doe 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. "P.'. I~C~9$.lJR;~. OF}iNTI;R....,..,E, sr,', "I,'N,F.CHiM'.A.:I"IPN. .' ..... R_ ~... .. _'. .' . . ,.' .'". ...,'.. . , . . _. . :.. ,. .. . .. "', . '," . 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 S:\2007\07005~.oO.OO N9ch::1' Condilicnol U~\OOOJ Cener"ltJI Cl:'nwllrrlioft PltJ.nt"l'''17\CU AppJicl3fien SUppod\},a:] SlJfF'cn"cy tleJpollk\.100B-06-0Z CU Appllcatio-n.clQ-t: 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 $:\2007\070054,00.00 NrJOTo CondllftJttal Usce\0001 Gen<<rol Conrullalil;m rf"Ming\CU AppIicali01t Support\) ~t Wfficiern:y keJ:poI'I',ti&\200S.06.02 CV Application.doc Poge 3 of 17 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. .....<.i~:t.bq~~\fli~,g:~jJr~%~l}(i~~jij~l!l}<' 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 5:\2007\0700.5....00.00 NgolCJ CO,:'KiiJ;>>noJ U....,.\OOOl (;e.~t'Q' Contulf!J1;on I'lolln;nw\CU AppJiculibtr $vppol"\ J;d SlllfkiC!1ty R~spona\Z008.06.02 CU ..t.pplil;otion.dcr: 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. ..; .,.. .' . . ,.;.. . ..... ,..... . '., .....'. .'. .. : ':"CO'NbIYIO'NAl. .USE'.. RE 'UEst .'DETAIL ..,':: ' '. ...,.,.'",.,. ...""",., ...,,'.. ,.:.;.,' ,."'....""..,q...., ',".',"', "...,........ ,.,,,. " --i" ~ 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; Pag" 5 of 17 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 $:\2007\070054.00.00 N9clD Cow,d"iljgltDJ UH1\OOOJ Cfn.c-.ol C01l5ullofiOtl Plollronp\CU App(JCC1fkw-, SII'P.DOrr\ 11~ Svrf,deMY l!e-spc"ue\200e.0.6.02 CU Appficoliot1.derc Pege 6 of J7 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 S:\'007\0700S.4.oo.oo NqoJa CondUlonot u.Jo\VOOI Cctn~o1 CO'''PfI.lJloJ,k,.., 1'Jonninl1\CtJ AppHcofhJIl Supper/VII SlJl(Jl;icncy RO$poru-o\2006.06-C2 CU A~!iccrlion.a.x 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 S:\1007\010054.OO.oo- Ngala COrldlliohal Us.,.\OOO I Cobltrm CDMUflaliorl Planning\CU Appli.:ofion Svpporf\' Jt SU'fIj,d~ ~luP'O'J'e \2008-06-02 CU Appric:o'iQf',dIK 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 ';;:;.J ....,....,..-.".,-.- ------....."". ~~J c.... emc.......,_~WMIU'_~otft Sa!'fdrpq 'II' ~AJ11S ..... T'" ...".... S~"3'1!^P DNI.L"1DSNO:J UQ~J~V1X\a <(OlN r-Or- ..-ON .N_ o - 0 ZOlOO E~C0 (l) ::::I (!) :::;, ffil ro 0- ~ (j) OJ <( ~ ~ ~ ~ ~ r.:/l 1< u.l I ~ r:/l I ~" d~ Izz I 0 I ~ I ~ I Q Z o u (1) (() :J(O t.{)mCO NeO I'- .2 g C'J:!:o '''ONCO n::cQO <(00- 'ONS: <"? . . 0:5';"";- o 0 (0 N (I)" I <( '-. <D :Jc.92-ro UZCLO I V7VDN NV7d 3.LIS :Jsn 7VNOl.LIGNO:J """" :IN/ 'STdiH V3ID dfl- 3SO?:) <UorP """"'" 111/ ..."" /1::-" """" :fa.51it lit .". \IIU ... -- - IIUCIT"""", -...-- ""''''''''' ~~ ~ .~ ,;;01< . --'<: :1:,:~'-"'-'~ .,,' ~ . ~ !.... r '~rj i~' ~ :~~; , .~f"li .:P.! . '.r... · <'>3 II !;Sj; , li~OIl . ~l;;g :;;I~aI = 1~$$2 r~ib r. . " . ~ ~ ~ ~ . . , !j ~ , ~ ~ i ~ ~ ~ ~ ,. : ! 0 0 0 ~ ~ ~ . ~ ~ I ~ ~ ~ ~ II · if I ~ %11 g PI I f ~ i fa f 1 ~ qqn!~n i or~ i ~II ~ t ill ~. ! aem~ii.llel' g ~i ~ J i. " . ' . ~ :i ~.~ ~ IS :;: ,?; l:l ~~ g ~ !I ~ ~ ~! [8 ! U~~ 'u~rruJ(n Y" avo~ zsra .._~~~. ~. -:;( ....($ ~~ ;;:2 ~ .~;", t .c.' .;~Jf . ~~ 9 "80: I!" -... .' l' i~; . ..t~f Odt . . J;a<, ~ L. ~. n ~ jl . ~. " .-;::0; ~ "'~ ~ ~g '? '" ~ ~ ~ '" :'; .:: 1i \\ \~j -""\)4" ,...,.,J :Y-Y ~ r~ ~ / ~ ,v\ ~ . '-=.7 \/ \ y\(\ 4'\ \ \ \\ll)V ~~ ~ \,"-: 'V \ ,,/-" \../~ \ '\ ( Ii i~; w ~ -5~S= s..'~ ~ t' ~bJ: ~ Ii ~ R~ : ~ ~ ~ ~ ~ ~ 1 ~ :i ~:c I [:l~ III ~~ I ~ i 2 ~~ ~~ ~ <;; .LfIOJ. Y'1 CJ.LOHd 'TVIH:N . .. , _____-...- - - ---..0""" l#O'..ta~ ~-= eD~~"""'a:""'WlI"""""_ ~'Ii'~ .... Ti .."... ~1l^D ONU'IflSN:OO ~~ ViXla b o ~ ~j ~~ d@ z~ ~ "'" Y7VDN Naples@ Marco Island ~ Eve.rglades 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 l~:-I;: :;:"'n'(~;'''li~'.: '..~~I:I..~2.il,,'.:.:.. ~~;:.,' : ',~ ,,:~'.}. :..;:1 :~. "l..j~." ~.~ ":. .~. 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CI) J: 0- <l: 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 . ( '.I . ...........,..1 ....-/ I I I II , 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 El/4,OF NEl/45 AC. 00334920005 STRAP:',4927.30 056.000 I D S. T - LAND LLC. 27,55 I NEl RO NAPLES' I FLi34117-:-2906 P:-:-: :-:: ... - - ... III II 11111 illllllu It! U11111Iil.lu nlmH. ullll1l If I f 11111 --.:.=.-=.r-::--=-..=.=- =.:....::.~~~...=..:.-..::.;..::--=-:::. ~--= __ --=....~........~ ':.-._ - ....... . ---------- ABE SKINNER.'CFA COLLIER COUNTY PROPERTY, APPRAISER 3285.. T AMI AMI, TRAIL, EAST, . NAPLES, FL6RIDA 34112-4996 is r CLAS! us i P.oSTAI - ',P A 10 - 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, I 2755 INEZ RD NAPLES FL,34117~2906, R tj '\ ~ IIIUnl.!1, "lIullJ I III I II J ,H,I ulllHllIlllllllIll i 1111111 ::::...."':::.-_-=---_~:-~-~~_:=...r'l'.. ~ ~----------~_-_-..::..l":-.-"" .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 N o o N ..-l .... ... Ql .D E S Q. .~ <iG>CJ)N ~~ O~O ZCJ)"'i" ~(])L.() C:C(]) (])::IOJ ~Jro CO 0.. -0 C (]) OJ <( c .Q ~ E .2 E '0; ~ +J d Q.) 5:1 = s... (l) :> o t;J :>i ..f.J d ::J o U S,.,s (]) -PI r-I FI o U g u '" a. Vl >. '" -a ttl 5 '.:> ~ 'l"""f 00 'l"""f ~ 1-4 = Q.l ~ r.. cS d o ..... ..... Cl: a r.. c8 c:: 1-4 "0 Cl.l - .- Cl: ..... \l,l e (I.) - .... o .- ..... Cl: ~ .- ~ .- ~ Cl.l ~, rJ'.) - - Cl.l ~ Jl 'Z .8" . ~ ...;j e,!) ~ ,.1 : l:'- CII z :: ~. 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'0 ~ i l<;t ';l Wo.I ll.O tf3 ~ iU!" '::s l>} ;.', Po. I,'~II' i ~ :s i..:..:1 ? 1i1 '~JCC itIJ ,!=l ;;. n:::, . l;:.:I )03 ~'Cl.lI~'.J;>; ~.Q ,;[~j'o.P. I ,~;~,~ ~ t-l:OI>I~,.,!.. :I:: 'd' 0 0 , !.....IJ'Ltx,L '"""'( f {I:li. '0 I di <<:l-iU! ~ i ' ~ )..i ,...j 1m. ,.,fe; C;i LOj 'Z ,:Cl' ,;:: ! 5! .~ !Q1-B ,..c: ;: ~ }.O ~ ~ ~ : ~ :0 l~,o;o 'Io.:i k/)i"~ " .' ~ csJ' .> ~ =i .,> ..,.... \ ~ :~i t-< 'U! <: i' 0' , '7 ~ ~ 9 o Co:) lD m ~ to /I' .... .f:l Z o <'= E 'tJ ..!!i 'm .., OJ o .!!! Qi S: c Ul 5 ..... .!!! Qi ;; ..... g c o u r:: c '<:; .2 15 a. ..... <II "" .::: '- ~ "0 u o u ..... ...... ~ .J:: ~ ~ 1 l f Q; j~ L~ j , I j { t-l .... o CO -~ ~ ..C Q) ..... a:l ~ 8 8 o:l.d A,.iS to Q Q) ~ U') "" Cii IU ~ ; ... '" ~ '"' o ..... ~ ,1;:: =; Cl J 'M .5 U') . "'- ~ '~ ,..... ~ ~ I '-' .s ;., ~ '00 "'- III '~ ..... III ..... I, ::I 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.. // ~"'i .t... D,ITE: .,J'. nH' .drl?f\ '}~ 'r'1ho::lnlD1&;!(: Pr",vwn~ ~r1lf:n.t'l,:::' Li.<:< _. :',~. (I',' ~- \'..- . -,; ./ ~J""" ,--,' ,- ,. " <(O'lN 1'-01'- .-.,- 0 N N.... _ 0 ~ _ 0'> 1'- EO>L!J 0>50> ~..., Ol co co '0 a.. c 0> Ol <( = ~ ~i 8~ ~O ~E--l ~~ ~~ 1':I:l~ ~ Q LC) C"J ".') L() c..o r- !:: :is ~ W 0.. C> :z: i=~- .S! u wa; o..E OE o (.) ::> -' co N 0) c::> c::> . t9 ~ "C'"", 0::;' w :::J -' o (.) i.: Cl) ..a E ::J :z .- "e ... <I> a.. E ctI ... 0) o .... 0.. "- oS ~ 0) c :;:: c "I:: o to: o u.. (0 o OOCl) t!oo Me ' . ,_o~ 0C>>- '!r""N Me - ,0 ".. ~ ~ c:; ::::I O. (..) ,." ii'CD; .s-~ tlI tlI'tlI aa..a ,l1l c:5! ::::I ::::I tlI ..!!lut 0 a.. ,'E <( r- ...... ...... ...,. <"> -' u. :S "E en c al lii > I:: o tIl~ tI.l ccal.()..5!2 o c)'-"> 0.. oz~~ ~ .s .. -0'- <p 0 ;;Ill.. <n .!2 t- o o C'\l ci C"') 0> c:: .;:: Q) Q) c '0, ~ ell :5 iii ~ ~ " '~\\l\ ~ 1 _ iUe E 0::> CD '\tci.n a.. ~1 f ~iS ~ N Q) c:: tIl- roID O)l.O zl;;j .9 -cl .!!2 '&1 :a: r- ...... ...... ...,. M Oi" & N ..- ' ~ ..J u.. iii 1II ~~ ~ -cZ II> - G1f? ~:J: cO> w:2 <>IS CD I :sui Iii:: wI!! :el- SE Ei.!!l , EE t: ...(11 .e .~g WM k 'D Ql ::I rIl rIl -' ll.. tI.l Q) g. Z ) 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 0.04 Agenda Item No. 17 A June 9, 2009 D t:> t:;Q ? MGM 1.3 MGY 16 1.3 16, ~ .-.,~-------,...;, 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 ?~rr.~ a) ot~ tL, to SS'''to to to Ol..PSMJJlt Cx~ ..... . C.J~h.A . .5'<;'" to-- "' . t:l to 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 to~ to~ tOl>D .:,. to _S'" 5 '''' to to to OL DSM A~ (j " tf. '" f J?' I.. Munsell ~color Texture Deptb 1(.>'1 I< &/~ GR~71 fo? ll1~' /J~. to to ~Etoc;'- 16 b/'i t..'I .. to /8' ~ IO~ "'1'1 /...lJA\J ,g "". t.o .~. . to c..J~ h A . C:;C;'" to :to 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~$RCBED I~~ ESTIMATED WET SEASON WATER TABLE ELEVATIO!f: b INCHES [ ABOVE) ELO J EXISTING GRADl HIGH WATER TABLE VEGETATION: ( ) YES [\.1' NO MOTTLING: ( ) YES (vf NO DEPTH: - INCH) SOIL TEXTURE!LOADI:NG RATE FOR SYSTEM SIZING: " ('J. t:, 5 DEPTH OF EXCAVATION: N / A INCHI DRAIHFIELD CONFIGURATION: [ ] TRENCH [vi BED [ ) OTHER (SPECIFY) /Y)/) UN n REMARKS/ADDITIONAL CRITERIA: ~,.~ I N/IIZR r:; 0 II ~ J,.. " " ~l2:>- ~ I .~~_.... .12.'. SITE EVALUATED BY: rup ~~ d (? i'> 'rv"> (j ku !.Q ~~ . ::-0< ~ DATE: /o//fjJI'JQ I · Page 3 of '", 96' ,'" Co ~ "-N~ ci ..;,; ;;: O"l ~., Wc.C> E ::: It QT....J ::n ~-,"" 0... ;[a::uu cnrn99 ~cld ----- ;;:J&W ( l~-: 31 ON.D J ~ ~ ~ ~ ..- ~-'; ~nJ JIIJ ~r:-;:; u.1% I,U . b.. II) :J ~r-;m ODi a~ Q..IIJ U1:E ~l< I.D 0 C> ~ ~ > o ~ L -. 0,-... . ~ a ~ 5 ~ ~ 'i~~ ~~~ =~~ 1f5% II!;~ uz< tlii~ III ISH\! i .... ~~'. ~; ..r <J I ~ J ~ C 0 VI OJ 01 fj '\ I ! ~I-:; c=~ :;'=1iiWl Q g . c= Q. - -;; ~ .J... -'. GlQ c:c . oII_te CJ!!ctlIt 0 c 3:l:~ ...~o t '- - .. GI .. ,__ '-e- -~ . '5 1.=-c;' ~ ~J 0 ae= ~.. · -;: ~ .. ~.~ t; ~c:> 0 c o-~ .'-'t ~ Z - I-.!!;! 0 : .5 un} '::'t.. .";..- _...~,?~~,.'.:,-- .. -"'!'-- J I ,. Agenda Item No. 17 A June 9, 2009 Pa J NOTICE 'OF FIRE COMPLIANCE I :While Copy:' Owner YeUow Copy: CoWer ~oUJll:1 Development. Servtces '~-P1nk Copy: . Fire Dlstrfcl . 5/17/91 . HOL' II' PERMIT.#: . , -;r " , NAME OF OWNERk." R; ()C"'f)V4 ,,,! ,).-r' I-L ' ~OJECTNAME: A/(Ja/a . . '. (/ :ADDRESs: f)..1SS- -z:: IVr:.-:;;. GENERl\L CON'rRACTOR: . ~/ <1'. . \ OCCUPANCY CLASSIFICATION (C1rclel ~US1ness....Educa~~na1....Storage....Hazardous....MercantJIe ~~tlal....Fact~ry .ndustrlal....Instltutiona1.;..~oJect(other) REINSPECTION FEES . , I ' . , I hereby ~ that this struct:urelprq/ect. comp~ wtth the , CollIer County FIre Pr~~.' . ~/~,-7 /~ . J~~;:" , . Certtftect'"Fir~nspe<:tOr ' ~Z I .- -- .r" .' :~ .; ~:: . f~.' _ 'y .w...._~ . .. 4 . '. '" '. >. .~ . "~l> !:lush Go~m.". ICkn 6I/lkley.SIly$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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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,;~\;,~,' :.,...' . . ,.: ,~,'. .:.',-:~ ':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. Profaw:61707 !-\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 Prolaw:61707 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. i<(Q)N '1"-01"- "__ON N..... .0 . Q)~ E;!2Q) wSW ;==-:>~ ; ro CL "0 C ,W , OJ :<( .J-. ~ (I.l(j ~'f Z< ~ = 'a 'e~ ~a~ ~ f CU ~ =~ G~~ l-! S a is =t ~ = ..... u ~:a .~ - Q~~ (I.l '0 < :; ~ ~ ~ ~ ~ bI) ;:::I '.:;j o ~ ~" ~ ::I '5 e =:l ~ ~ x x I< ~ ~ >< 15 x ~ ..: x I>< I>< toe: toe: ~ toe: ~ ~ t< t< ~ t< ~ ~ t< t< t< II< t< toe: ~. 00 a..) - ~ ~ (I.l ! .- V,l := == <I} <;I) rI) rI) 3 (I').J>4~ -oe 0 ...... ~ (.)t::l o.3c;jE-tI-<~ o~o-fi8.g0-fi~~~-fi~~ !J ~ .~ ~ ~ ~ ~ a ~ :3 .$ a ~.9 .......::r:lXl'O:::lXlp.-~'O:::~.......u..'O:::u..u.. t< II< x t< ~ ~ t< ~ t< x x x x 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 ,-, [ ; 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 , I I I I I I I .. I I I I I I I Ii I 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 http://legall. fim.edu/ago.nsfl aaee3771 S760bbceB52Sc3ccOOl bacf?1 Agenda Item No. 17 A y, January 1, 1904 June 9, 2009 P;Jge: 2 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. http://legal1 .fim.edu/ago.nsf/ aaee37715760bbce852563ccOOlbacR/ 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 hap:! Jlegall.fim,edufago.nsfl aaee3 771 ~7h[)"h...pR 1;7 <;.:--:t......nrH h......f71 rida>" January 1, 1904 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 http://legall.fim.edll/ago.nsfl Agenda Item No. 17 A jay, January 1, 1904 June 9, 2009 Page: 5 . , 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 . hnp:/llegar1 .fim.edu/ago.nsf/ 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; ~ , ~V~I':~{:.r;~.);: j ">...1l'~'~' ;,.." "_~ ',"""'" - , ,.,~.iJ ~A""""~"" ,""0'- "~ f.:j~~-~.y '-.l"...l,," 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'" ~~~., Naples @ Marco Island ~ ~ Everglad~s I""'R^DIGe: QOI\ST , . , . ~'. ., '.1.:' (ti-.......~' ,..-'- , ...1&>"'.__.. . ~- l 1K150 N. IiOfSeshlK Driva 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 " . ;. U ,! ,ij ;, f' i, i'l; ,,' r .~<1 " ~d :'j [.{ ~'j I ~ . r~ ," !-i ::J <"j r~ ..".,~"'.' \: '\ :r,' ,-",c1\;L., .."" T" t,.,.,,..l Qrrr-h.... t'......~~1.... ,.1 ~ ~ 239-353-3237 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 c......; 4~-"V. 'U~ RWA INC V4..' .A. "" LV"""" <'..1\...1'1" cr "J.V,L. " ~(Q)[f>>V AllTICLES ((ilbKlUo'ICA1E) OF 'MERGER . . ....\ 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. ... . . 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 ;;::~.~ 0 f""A;-_ 0'$ [;~. ~ ~......... ~ . II! "':' j ~... , c..., "11 - (. :;z IIi CU-2003-AR-3725 REV: 4 NGALA Project: 2002090086 Date: 5/27/07 DUE: 6/24/08 . .K~ ~w~' :""l.:t: r-.. S-~; ~ ;;~ ~ )> rr: 1"..) -- , , ''''-. OS/21/200B 08:33 239-597-0578 May 21 08 06:53p NGALA Private Reserve u-=-t..#.c.:uC,JU .....J.~" .t;,..,..i L..,......U. U'" " RWA INC 239-353.3237 ~a''''!'\.J.&. SlXT.H: SlGNA'1l1.RB(S) POll~PAR.TY:' . . , ".", Namo ofBntity CLOSEUP CREATURES, lNC. CLOSE-UP CREATUJUlSt u.c ) ) Si~ aa.dNam.o olOOiecr 'Jt 0: :- .A ~ 1l. Dono'Vlll1 Smith -. ~.. t.)~ h-,.~ R.. Donovm Sm:iib. 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~ . . ') 239-353-3237 \J\...).I'\ Of t".J.\J~ . . 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 <(mN 1'-01'- .,....ON ,N "- o .0 ZmCO E~~ Q)::IQ) =:: -, OJ CO CO "'0 0- c Q) 0) <( I "a ".d:~.J !1ri ~ Q 'i='~ ~ ~ I" N ,_ .....J L Ijz ~ I;: po ~~I ~g uB ,. ~ - . l~ oPt 9 /",' l!~j ATTACHMENT E I ~ ., l\ ~ Ii j ~'t .... $; ... r. 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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 ~ -.......---..-....... /' ~--- S'IGNA URE OF APPLICANT OR AGENT 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 ..1r.. ~'*E ~. .:~S EXPIRES: October 13. 2010 .~....,,~~. aoml09ThIll No!ary PutilC Undelwliars I'f.~u\(' Signature of NoE,Y Public On nJI.,/10Jf+ Printed Name of Notary Public My Commission Expires: (Stamp with serial number) C:\Documents and Settings\avrosa\Desklop\Misce!1aneous document & forms\A.FFIDAVIT AND SIGN POSTING INSTRUCTIONS.doc <((J)N r--Or-- ..-ON .N..... o .0 Z(J)N ,-(])lO t:C"- (]) :::I (]) ~ -;) 0) (1) (1) <:J 0.. c (]) O"J <( <(O">N r--Or--- ...-ON . N "- o - 0 ZO">~ ~WL!) t::C"'- W::lW .= -:l OJ ro ro ~ 0- w OJ <( 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 Agenda Item No. 17 A June 9, 2009 Page 166 of 272 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 Agenda Item No. 17 A June 9,2009 Page 167 of 272 1 1 1 .., .. 2 2 2 3 3 4 4 4 6 12 12 15 16 16 17 17 17 17 18 18 19 19 20 21 21 21 22 23 23 Agenda Item No. 17 A June 9, 2009 Page 168 of 272 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 Agenda Item No. 17 A June 9, 2009 Page 169 of 272 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. 1 Agenda Item No. 17 A June 9,2009 Page 170 of 272 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 2 Agenda Item No. 17 A June 9, 2009 Page 171 of 272 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. 3 Agenda Item No. 17 A June 9, 2009 Page 172 of 272 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- 4 Agenda Item No. 17 A June 9,2009 Page 173 of 272 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 5 Agenda Item No. 17 A June 9,2009 Page 174 of 272 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 6 Agenda Item No. 17 A June 9, 2009 Page 175 of 272 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 7 Agenda Item No. 17 A June 9, 2009 Page 176 of 272 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. 8 Agenda Item No. 17 A June 9, 2009 Page 177 of 272 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. 9 Agenda Item No. 17 A June 9, 2009 Page 178 of 272 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. 10 Agenda Item No. 17 A June 9, 2009 Page 179 of 272 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. 11 Agenda Item No. 17A June 9, 2009 Page 180 of 272 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 12 Agenda Item No. 17 A June 9, 2009 Page 181 of 272 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 13 J\genda Item No. 17 A June 9, 2009 Page 182 of 272 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. 14 Agenda Item No. 17 A June 9, 2009 Page 183 of 272 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 15 Aoenda Item No. 17 A ~ June 9. 2009 Page 184 of 272 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. 16 Agenda Item No. 17 A June 9, 2009 Page 185 of 272 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 17 Agenda Item No. 17 A June 9. 2009 Page 186 of 272 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 18 Agenda Item No. 17 A June 9, 2009 Page 187 of 272 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 Page 188 of 272 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 20 Agenda Item No. 17 A June 9, 2009 Page 189 of 272 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 ., i : I J.--r-j f I I I I ":::;, H~H : (~; I.U r-11 ~.~ ' : , r I fl~d "I i J I y' r I T Li..J!'A"EK) I I &.GI~ILdK,~~'~tl~_A:;; ~ 11' ~ : 1 f-Yt, i- I I \\I~J L\-.J i \~v ~~ ~1\. b . tf!) ~ij ~jj' ~ lit IJ:I I. :s.. :,( ~j rl,JL~" I '.'IB~ ~\; " -:::~t~-,r/ ft?~ - ~ 1\\ ,~ I"- ~ il;;J -- bC.rul'L- [lUl/)l , ,~. I n- ~'\~ "~~ "~,-I :.":- ...Jl ~ ..;~." ?Il U . f>- ~ " ' 'l , lia: .~ "1 ! . ~ 1 W7rr. ) Ct. fWlR'~l I - ~V!- tl..'" T T. 1011:' ~ ~~ Cj rrrtl ' DEN ("".rE ,t.t' \-I.. '~",r_ 1 r B ~t -r--I N_ '.--I-;--1I!.cl . -li.n ~';;J --:tr- 5,.- f) ::; ". ~ ~ .....- I" - I I , I f- ..:>. !~:. r 8 i ft- , .:~ -~- ;_ r-- ~;a:;~ 1:-0 f'JRk\ - l.!::~ 1'> :1.'/ /::: -"",II .... mti~ L1' AI ~a~t Iri~~P'-~'~\.. 1~ .~~ 1 ~~ ~ q~~ ? :..J ~ ' '.. ~ l-- ~W,,"~L-~L, . _P L"~ I I ~ II ~1ABALiPAlJ.." R) ..;> .-.' ~. E I ~ I ..J r-' "" f = .fl"' . L - I -. r- 7. - '" = ;>of ~ \f~ ...;:- ii~~' ,... ,5.... ...~ ,.- (:'~l- i~~ ",,7\ " -)~ -'-, 'l'- .' --. '\ ( ) "..""" 4', 1"-' i1 ~ "', v: i/ '&!y ~ O'rl' ~"'t" Q J.'" ~ ' 1:.11 . if . 11"--- j I ,,f-- II -, ~ ~ <~ f,061h.-' l~r ~~ :-;::, -. DATE: FILE: Location_Map_06-29-07 PROJECT NO: S02091 AERIAL: N/A SCALE: N.T.S. '"' i I ! I i I I , --:c , I I i r-- -~11 f r - TIr.1-- .... jU,o,"[LL t,^ ~'"' I -=------' '....1- 1-- - \11 11-< I')~ ./ ~ect _-V'€'fll \ r 1\~ ) t.+ I ~ I ,.- ( ,.. f~ ......' l \" I - I .. I r ' JTr ni i , ., I I ~A.Ei1'l.. PALM p.o " 3 I -e- ,. ~ :.1& ;JJ - NGALA LOCATION MAP COLLIER COUNTY, FLORIDA j-';:j WA' une ~,i~UU~ 1 Q . ri . ?7? ~1tr ~.I... E ,"II (; c: .... i P .. ~5' 1'. AI/f:. Nf:. :: I - i '" I -:. I I " ::i '" G0!.J: B\ GAiE B .....D E ~ ;0 i'" ~ y, r:: u ><" ;! r- if;! I Ji j-: t : ~~ <: ~ ~G i$ _I~ r:: Q ~I I CTCIWJn I I II'! ,..., 1<' il I ,9 o [ailhllnLlfl(r 2519 North TolM:l Blade BNd. North Port Fl34289 Tel (941\ 426-7878 FI~ (9-11) 426.!l771j wwwearthbllancecom n I::; ... 10 w 1 ! [ -,- 0::> :., c o '" ~ .-:t:::::: ~~ f ..... L-~ : - - - . - =, I I = 1 : -1'';-: 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 428 624-1 810 818 FLUCFCSlHabltat withIn 200ft. Offset CODE: DESCRIPTION. Total acreage: 111 212 214 221 241 411 4111433 624.1 810 1.21 ae 1.33 ae 043 ao 0.04 ae 0.75 Be. 218 se. 6.68 ao. 1.89 ae. 2.73 ao. 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 o [orlhB,ll.p , 2579 North Toiedo Bl.de Blvd North Port, Fl 342!9 Tel (941)"21)..7878 F1t-.:(941142&-8778 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 $62 Billion for Florida's E.C:Qnom~ Agenda Item No. 17 A June 9, 2009 Page 202 of 272 EXHIBIT 5 USGS TOPOGRAPHIC MAP . . . .. T~-~" I I l ....~~11 '" ,,;-~/~ - II /~~ 'II . /f-'~- ~ 1'1 . I) ..:..i- '-.. ,ili- 1/ - - .... II . ...all", ')..l- -~~, It 'I II li _ '_ ::;_ .::-:. l.~__ -- - ~. \ --.-l:,I.....r::::..~~-::o · 4' ~I:. . ~; ~.~\ ~- --" ~- "~l~~ -->l.L ,~~ .~~ ..";.";; '~" I' - ~ .....;..::c. --1~ '"\, , .~~... ,_._ _. n..,;~,,~.--=---=-..:. . i:-=c=-..... ii ii iI !I ii II I' ,I 11 'I .. n J ~ -.... ...... i , I' ,I ii Ii \1 i : ~ \' - ::/ ,,! .~, _ 1 ~I""";' -"'.J.i,;- -~---:..~.- . ~ li':-=:.::.',::,,~;;;:,;;..c.-==:::-=~. . I ~ " iI II IJ o;...:,tl ." ...I.~ .:.i1,L.... ~M _ 4 ,-'-- j..!...~, m..!. ~. _$,J.. ~t _.JLJ_ ..;~,~ . ......1,Js :ILL.._ Leaend D Project Boundary -----... .---=--~.b . ,.,:'~ ...... ......, ....".-.....:...~:..,~~ ~~<:;'.: /3 - ~._ '"i .~ - -'-'.I+- i\\ ,":'JL'...;;,.._ '.~ - j \\ :.\L!~ _ ' .....w!.. l \'~ .~ [} DATE: 09-08-08 FlLE: Quact06-26-07 PROJECT NO: S0209] AERlAL: 2004 USGS (QI814:BELLE MEADE NW) SCALE: ]" = 1000' ~ NGALA USGS TOPOGRAPHIC MAP COLLIER COUNTY, FLORIDA '" " '" <0 '" ~\'" ". _ '" '>> " ~; ~ ~~ \', · Ii ,\. IL 1.\ \\ \\ \,\ I',. \'. .......... ~ _~I,}:._. _...\:.1... ~ >l....U- ~~ -e :. ~"'- "'.:.... .....~ ..ili.. _..',i~ ~ --cI1..... -"'!. ~ 4~ _,J _:~.l.- _~>~I );:!J....l- -",-IL ...:..l.k .~- -~. .",J,,- .:.Js,.._ u.u... 0. fdflhBr.1 !]({' 2579 Nolth Toli!ldO B1l1de Blvd North POrl FL 34289 Tel (941\42&-7878 FII~ (941) 426-8778 wwwearthballlnce.CClm 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 ~ [dfthlJnll,[l:r 2579 North Toledo 81sde: Blvd North Port FL 34289 Tel (941 \ 426-7878 Fll~ (B41) 426-87'7B 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 ~::~\ ~ ~~~C \ (~ \ \ ~\ (~ ~~ ~( ~ \ \ \ \ ~ \ - \ \ \ ~ee ~~\\ ~~'\:- \ ~ \ .\ ~~/ 2"'" \ "\ O\>-~ \ \ ""\\ \ I~ \ \,~1 I / \~ Ii., I"" ~ IrA "- \\'? bO 3' / /'\ I " ;:e II ~// \ " \ ~--- --.-/' \ "" ~o .' i \ ~ / 1 ~'"'- 20/ \~- /_./ \ ~-~/ /' ( I, DRMN \ fIeLD ), \ //- \ /// \ // \ // \~ Agenda Item No. 17 A June 9, 2009 Page 207 of 27~ W+E S 6.9' tS~ VHL PAD 603' o TP /\\ / -'.\ / eel \ 1>_ \\ \ ,\ \..70'('. / \ v \ 27 E- Br;:! A f~ I\J I._DATE: (ex. 12/6/05) T----------~- ~ ILE: Project Survey Map 06-26-07 : NGALA I PROJECT NO: S02091 I SURVEY MAP: DETAIL ONE I SOURCE: N/A I COLLIER COUNTY, FLORIDA : SCALE: 1" = 30' L ----- -~-------~_._--~._.- .-- ~ far t h B a I a n ce(i 2579 North Toledo Blade Blvd. North Porl. FL 34289 Tel (941) 426-7878 Fax (941) 426-8778 www.eor1hbalance.com , M: 1 mapping- proj eets \021 502091 \CADIJ une_2007 1 Pro j ect_ Survey _06.26.07. dwg Jul 19, 2007.2: 43pm f'\ I I ',--/ DATE: (ex. 12/6/05) PROJECT NO: S02091 SOURCE: N/A SCALE: 1"=10' (") -'- ~ ~/ / I~ I I I , , , / / / / ~ -, \___/i Agenda Item No. 17 A -I June 9, 2009 Page 208 of 27~ W+ S ! /r---; /r-"--\ / / 10 I , I, ' ,I / / / \ / ~ / \ \( I / ~ I I r- / I I ____--.l~ ~ fort h B a I a fie e( 2579 North Toledo Blade North Port. FL 34289 Tel (941) 426-7878 Fax (941) 426-8778 www.eor~hbalance.com Blvd. -r-----------------------------------------T------ FILE: Project Survey Map 06-26-07 : NGALA I I SURVEY MAP: DETAIL TWO I I COLLIER COUNTY, FLORIDA M: \mapp,ng- pro] ects\02\ 502091 \CAO\J une_2007\Pro j ect_5urvey_OS-2S. 07. dwg Jul 19, 2007.2:45pm Agenda Item No. 17 A June 9. 2009 Page 209 ofJ72 W+E S "- 8 /JI 1 L- \'hl Ir- r; C\j r--I ,~ ;' t. L - \~ \D I 1?',OI \\j lv/ ~\ C BIRD (/\-0 !-IOU' \ c- \ \ --- 1;1 ~L \ ~ jO/)/ ,~ '1')I,j ~~ \ \ "--. \ '\ /->----. - I ~ \ \ ~-z 0 \ \ '------' -~ 1_ \ <- \ I ~~ \-.. 'I ~ r=:) C/j \ GN'J ----J \ \ I~ r~~ II I, -"----::> -~J I I ~_ I \ il \ \ L.-J \ I L~-- 10 r;:1 if IV \ , I \ I I I '-. I I I I I I I \ \ \ I .J ~J " \", '-L.) I I I I~-'----~-----~----'--l _DATE: (ex. 1216105) ILE: Project Survey Map 06-26-07 NGALA I PROJECT NO: S02091 I SURVEY MAP: DETAIL THREE I COLLIER COUNTY, FLORIDA 1__ I I I 2579 North Toledo Blade Blvd. I North Port. FL 34289 Tel (941) 426-7878 Fox (941) 426-8778 I www.earthbalance.com ~ ~ f ar t h B i! , a n ce(;) SOURCE: N/A SCALE: 1" = 25' 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 /", .1 r i .r ./'. \ J.I '-." 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 The Registry Resort I , 'The Hih:nn CJt:s .H N t I R:t-?. Gij~ '(.''-''1 1 J'jo e. ! " t To TIlIr. H Jllt't 'iJ l<;xit i'-7 .;t I u I~.)ko1ee Rd - ""'::.. Vanderbilt En W'hite Blvd 23m 16thW".c i)51 11 7th Sf ;;jlnez R.d NGALA - U 2fid Driveway MRt I-75 To itt1!.!'<,<1, Mardott ~ --..- -- -No.1TA - - 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 L4'/1/1,.~ './, ........... __._ /~. " 1&'-11<_/ ~ 'll-"'~ <j C(R'--Lt'1~ ::; /IOj"'Y [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 ~;~~"'S:~~~:1,~'1'"::j'~'Fi&"";";'1t.\'~~:;r":"~~'.~:;r-7~;l',;,~~~~m2'r;r,l;~~:; ~~.,,~..-. i-'ol'-__. ~...1iL~~.~...2..1-......JL.:~"2h~,!i:.-~L,. ..,., ...... < ,"'~.;L-.t ",~,'" .~ .~-.< 1..-"_._' ;;l; _ +_u~ .~}..:~_~~.;;~_,~~~~"'"- ..1'~.f;;$~.m I~~;:t~.!!tt~l...t?i:t~ ~q',!.~~~ 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. https:/lonn.usace.army.mil/orm2/f?p=1 06:34:3 906560 165724653 ::NO: :APP _FORM _ ID:8400 6/30/2008 ORM Printer Friendly JD Form Agenda Item No.tiJ,A 3 f6 June 9. 2ot~ 0 Page 226 of 272 (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. https:/lorm.usacc.army.mil/orm2/f?p=1 06:34:3906560165724653 ::NO: :APP _FORM_ID:8400 6/30/2008 ORM Printer Friendly JD Form Agenda Item No.pJ.4\,. 4 of6 June 9, 1~ Page 227 of 272 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. https:/lorm.usace.army.mil/orm2/f?p=106:34:3906560165724653: :NO::APP _FORM _ 1D:8400 6/30/2008 ORM P.rinter Friendly JD Form Agenda Item No. rlJA 5 of 6 June 9. 2~ Page 228 of 272 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): https://orm.usace.anny.rnillorm2/f?p=106:34:3906560165724653: :NO::APP _FORM _ID:8400 6/30/2008 ORM Printer Friendly JD Form Agenda Item No. ~JA 6 of 6 June 9, 2~ Page 229 of 272 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. https://orm.usace.anny.millonn2/f?p=l 06:34:3906560 165724653::NO: :APP _FORM _10:8400 6/30/2008 il9 "'1:I'F ~I- Il :> ..,- L i ... . 'i .- ~, j ~:t ."-~ .,/"5'/ ~/ .' S~~j H':tl~~' . -. .'- i T \ lr I Ii ~ M " .t.B -- ,~ . .' i ! ~ I I I ~~ I .I"CilRil - \I FI / I r!n I ~ I\YE~~ I -., ~ 1-""- I ! I - I ~ 10:- ::: - ~~i y II ~ -- . . in' I ~ ~ r ~... ~ .- J;~ ~ ~I~ r'"_ ~ ~ :;>; 1 .J . R- ~.- -u I ~ '''. .. L - T L.""Jl~ ~I._. ~"'..~ ,. ." .,' I \ L - - f- I Project ~a rmmr~ r 7' , tt~ l\~ ) ~ ~ I Y J l 1,---1 I I -_ I I ~ ,.} .~~ =' .;--" !!e- I ~ II' 'i$;bill..'- II; R) .., I r 5AB..ot P"Ll.l FlO -\1t, , ~ }:",.,J,~ ~ ~ I DATE: FILE: LocatiOll_ Map _06-29-07 PROJECT NO: S02091 AERIAL: NI A SCALE: N.T.S. I ,., rol"'""' ..,.- .. j~Ut-\Lt\ lOCATION MAP COLLIER COUNTY, FLORIDA .. I t~ I I I , I : I I , I i I ;2 i .n I I 1 --I 0 I I I I -,... ..-1 I I i T I i ! I I I :t ! I ~ I ~ I OTC\'o',oioI\ T ! : i , In 0(; ::J I r--,- r-- I- \'1 II"" r - / -.- ......-y Agenda Item No 17 A June 9, 2009 .......... _ ~""'f"l r I""l-:l'-"") - 'I-I" I J.... E.. ,,:: ~ .: Z5" "VI: Nt ~ -.. GOU ;K GATE !olD E ~ :lI '1 I ~ J r I 'A I &:> : , ~ 0 i 0 ill ~ r.'I .~ -::. ;;. BE - - - - - - - I... ~ .-~ ltrlhBrtlrlfltp 299NclM'kHdI:81m.~ Nl;I1,. FVt. f\. ).Qfi WI"tfif::l..7W1I f_Ift41Ha.'1'1I _.-.....8a.CIIlIfI _. ~ Agenda Item No. 17 A June 9, 2009 Paae 231 of 272 @'4E S ~ Legend 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 ._~CAL~~"=~OO'___. ,_~,~~:~~:""::'.r~l},. ,lr:1 " 0>, '-:-/1: ,,~/ r ii I i It i, ii' 2579 f.lorlh Toledo Blede Blvd. North Port, FL 34289 Tel (941) 426-7878 rox (941) 426-8778 W \'IV{ .earthbalo nell. com - , (\ . ).\-~( ~ ~ \ t, 1'\ (\ ,-~ I:' Y + Ii r ~ (\ L, r ,\ (\' ( \ \ .(' (') '.' ( ( 11../ l',.. (. f\"C..,r\ l~C\t \~)(,-'-;,V\ -h./ -\ 'C' j. .. l~~ \~,._\\..1((~' ) ,,-~ 'le (' T~:.~ - ~.._..-:- ~ ) . \ . '1 c) /v r7, 1,/ D -) (,:.,-.,',: J' . , ,I ( IJ," -fA~' ,i17r J..'/l/'(/~ y '1)1 (Cr ~- ~-' ~-) (, I I~( I 1 c \ 1[' I ,\ ~ . \ l\ t' I ') 1'\ LI(, k,' Agenda Item No. 17 A June 9, 2009 Page 233 of 272 I') I, '" \" \ ., 1 -) {lU. ~ , 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 . ..I. U'-'J.J. LJ .1\...11.11'"-1 uou. I L.o 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 Exhibit B <(O">N I'-Or-- .,....ON O.~O zO">O EQ)I'- eN Q):::JCll ::::, OJ co co \:j 0.. ,... (ij OJ <( .1-' ;~NaHU" ...."""'~"""_~..I ~_;_ ___ 1OI.c......,.........""""__,.. ~.~ T TA A'..... . ~11^0 DNI.L"lilSNO::J .~~ VIX\Q o llQl4x3 SZ;lE-M~-~OOZ;-no 1, 5~:f~ lQ.~1 i;;. ~l ~i m~: ~~ if:'. .".....~ (i;~~. .~ ~ . r~:;;~f : ~rrrlS :::-l!s~~ i;~~ rm! ~ ~ ~ ~ I <C ~ ~~ ~. c.:;H z~ o - ~ - o z o u .." .r:;< ~" l'5'" V;~ ~'" ~~ i 11 ~. .,.-,.,;r. ~ :i ~. ~ ~;< i ~~ ~a ~ ;I~ ~'" ~ I" I 0: ~ I I ::; , !~ u ~ ; J. 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'J" ni , L 1...-' -- ..,..J ,,'" ci:: "",,- ;:;~ ~~ V) <<rCXJ",..glllt(J M:Ut'H'.Jil1"/~ ~ :s ~~ ~ ~. ~ ~~ ~ ':5 C ';(N :) o ~ 0: ::; ~ .& ~'I ;;1 ;;( avo~ zaNI ~l' l,i [' ~i h .s ,; ~ t;...: ~ .c~". ~!iisa ~'B 1; ! ~ i i ! ! r I H f P _ i i ! , J I : : . , ~ i t~ ~ ~ ~ " . ,i"'Ji, ~ i.~ {''' '4.-~ 'b-O-lJ ~ 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