By Terry Witt – Spotlight Senior Reporter
The possibility of a primate facility being constructed by a Chinese-owned company in Gulf Hammock has raised interesting questions about how the Levy County Commission would handle a rezoning application for the property if JOINN Laboratories, the owner, ever filed for a permit.
Company officials haven’t asked to rezone the 1,400-acre property to industrial, and until they do, county officials say they aren’t going to specifically discuss JOINN Laboratory and its purchase of the property despite intense public interest.
The emotional nature of the monkey lab issue was evident at the start of an Oct. 18 Levy County Commission workshop dealing with proposed changes to the county’s Land Development Code when county Planning and Zoning Director Stacey Hectus announced there would be no discussion of the primate facility.
Slamming Noise
“If anyone came to discuss explicitly or directly the primate facility, it’s not on the agenda tonight. We’ve got exotics but not…” she said, as a loud slamming sound was heard in the audience area.
Someone in the audience said, “Thanks.” A group of residents walked out of the meeting apparently angry that the monkey lab wasn’t going to be discussed.
The county placed its official statement about the primate facility on the back table of the workshop. The county was true to its word. The words primate facility or monkey research facility were never mentioned, but land development regulations that could govern where such a facility might be located were discussed. Hectus said staff was seeking guidance from the commission on land use regulations at the workshop and nothing more.
Industrial Zoning Loophole?
One of the oddities in the county’s current Land Development Code, which governs land uses in rural areas, is a provision allowing indoor research laboratories to locate on industrially zoned property as a matter of right, provided the lab is indoors, which means an individual or a company could buy a piece of industrial property without rezoning it and build an indoor research lab. The lab would be allowed as a matter of right.
By contrast, JOINN Laboratories, the company that purchased 1,400 acres of vacant land along Old Lebanon Road in Gulf Hammock for a primate quarantine facility, would have to rezone that piece of property to industrial to build on it. The county has indicated it would frown on rezoning the land industrial because it would be incompatible with neighboring properties and would be spot zoning. The Gulf Hammock property is currently zoned Forestry Rural Residential.
Research Labs in Industrial Zoning
After the workshop, Hectus was asked by Spotlight to confirm if it was true that if JOINN Laboratories bought a parcel of existing industrial-zoned property for its “monkey lab,” as it is commonly called, could it build the indoor research laboratory as a matter of right under current land use regulations. Under those circumstances, the company would likely need a building permit from the county and nothing more. However, state and federal regulations would also apply to the facility.
“Yes, that is how it has been in the code for many years. That is why I asked the Board of County Commissioners what they would like to do in this case. Do they want to change it from a permitted use to a Special Regulated Use, or a Special Exception? This is their Land Development Code. We take changes through the process and offer our professional opinions, but in the end, the BoCC has ownership of it,” Hectus responded in a written response to a public information request from Spotlight.
The county commission spent nearly three hours at the Oct. 18 workshop picking its way through a 19-page draft of an ordinance that would reshape portions of the LDC, create a development review process, create a zoning use table that doesn’t exist now, and update regulations for temporary, accessory, specially regulated and special exception uses to make them more “user-friendly.”
Few members of the public attended except for developers and realtors.
County Moving Slowly
Specially regulated uses are something new to county land use regulation. Specially regulated uses (SRs) are those that could be reviewed by staff using a checklist of requirements, but the county commission would never see the application, nor would the county’s planning commission or board of adjustment. It would be a staff review. SRs haven’t been approved for use by county staff.
The county commission doesn’t appear to be in a big hurry to close the “loophole” that would allow research laboratories to locate on industrially zoned land as a matter of right. Staff is proposing to place an item on the Nov. 15 or Dec. 6 Levy County Commission meetings to review and get the board’s input on special regulations (SRs) and special exceptions (SEs). A second workshop would take place in January. Potentially, the “loophole” on industrial properties could be discussed at that time. Special exceptions already exist in the LDC. County commissioners must approve special exceptions to existing land uses.
Industrial Sites Rare
Hectus told commissioners there are fewer than 20 industrial-zoned properties in the county.
“We have less than 20 industrial parcels and we would be heartbroken if they weren’t used for industrial purposes and instead if someone really wanted to change it, they would have to come in for rezoning if they wanted to put some kind of farm in there,” she said.
Monkey Lab Zoning?
Spotlight also asked Hectus, as part of its public information request, about a portion of the 19-page handout at the Oct. 18 workshop that indicated reptile farms, zoos, or similar facilities, or the keeping of dangerous exotic (non-native?) animals or dangerous native animals would be allowed by special exception in Agriculture Rural residential areas. The handout also said: (Class 1 and Class II captive wildlife?)
Does this specifically mean the “monkey lab” proposed by JOINN Laboratories would be allowed in the ARR zone with county commission approval?” Spotlight asked.
Hectus responded: “Yes, possibly. However, they were very clear this was to be a research laboratory which is only found in industrial zoning.”
Spotlight also asked for clarification on another portion of the 19-page handout on page 5 which appeared to indicate non-dangerous exotic animals (Class III?) animals, captive wildlife would be permitted by special exception or possibly special regulation in Agriculture Rural Residential and Forestry Rural Residential areas. Hectus said this portion of the land use regulations isn’t associated in any way with the monkey lab issue.
“Does this mean the county might allow the “monkey lab” by either special exception or special regulation in ARR or FRR?” Spotlight asked.
“No. These are the class of animals that the existing game ranches keep such as deer, or elk, not found in Florida,” Hectus responded.
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County Posts Official Statement on Primate Facility
Below is the Levy County Commission’s formal statement regarding the proposed primate facility in Gulf Hammock. It was posted at the back of the county commission meeting room at the start of the Oct. 18 land use workshop. The county considers this Sept 22 letter to be its factual position regarding the JOINN Laboratory’s contacts with the county, how the county responded to the inquiries and provides an explanation of county and state laws.
Primate Facility in Levy County
September 22, 2022
In recent weeks, the Levy County Board of County Commissioners and its Staff have received considerable public comment and media inquiries regarding the potential siting of a primate facility in Levy County. The County has not received any land use, zoning or building permit applications for such a facility, nor has the County granted any approvals for such a facility. Given the public interest in this matter, the County provides the following statement of facts known to the County at this time:
In the period of June 2022 through August 2022, County Staff received informal inquiries about siting a primate quarantine facility and/or primate research laboratory on parcels of land in Levy County. County staff verified that the parcels currently have a Future Land Use Category and Zoning of Forestry/Rural Residential (F/RR) and advised that F/RR Land Use and Zoning does not permit those uses. Further inquiry was received regarding changing the Land Use and Zoning of those parcels to Industrial in order to permit a laboratory and County staff responded that such a request would not receive a favorable staff recommendation for two main reasons: compatibility and creating spot zoning.
The Levy County Property Appraisers website reflects that the parcels of land were sold by L&T Cattle & Timber, LLC, a Florida limited liability company, to Joinn Laboratories, CA Inc., a California corporation, by Special Warranty Deed dated August 4, 2022 recorded in Official Record Book 1651, Page 562, of the Public Records of Levy County. The Levy County Board of County Commissioners has no role in the sale or purchase of land between private parties.
State law vests the County Commission with local Land Use, Zoning and Code Enforcement authority that can be exercised at such time as application is made to the County for a particular use on the parcels of land in question or at such time as the County receives a sufficient code enforcement complaint that land is being used without proper County approvals or permits. The County’s authority must be exercised in accordance with State law and in accordance with the County’s adopted Comprehensive Plan and County Code of Ordinances that is available at https://library.municode.com/fl/levy_county/codes/code_of_ordinances .
State law authorizes the Florida Fish and Wildlife Conservation Commission (FWC) to classify captive wildlife (Class I, Class II, Class III, Conditional and Prohibited) and to regulate the possession, sale and exhibition of classified wildlife through the issuance of licenses and permits. Information on the State regulation of captive wildlife can be found on the FWC website at https://myfwc.com/license/captive-wildlife/ or by contacting the FWC Captive Wildlife Office by phone: (850) 488-6253, email: CWApps@myFWC.com or mail: Captive Wildlife Office, 620 S Meridian Street, Tallahassee, FL 32399.
Federal law authorizes the US Department of Agriculture to administer the Federal “Animal Welfare Act” (7 U.S.C. 2131, et. seq.) that regulates the humane handling, care, treatment and transportation of animals by commercial animal dealers, exhibitors, transporters and research facilities. Information on the Federal regulation and issuance of licenses or registration under the Animal Welfare Act can be found on the USDA’s website at https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/awa/ct_awa_program_information or by contacting the USDA Animal Care office by phone: (970) 494-7478, email: animalcare@usda.gov, or mail: 2150 Centre Avenue Building B, Mailstop 3W11, Fort Collins, CO 80526-8117.
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Urge Gov. Ron DeSantis to use his authority to prevent JOINN from building this facility:
Contact info for Gov. Ron DeSantis:
Email the Governor at GovernorRon.Desantis@eog.myflorida.com
850-488-7146
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Public Information Regarding Sale of Land for Monkey Lab
As a matter of public information for our Spotlight readers, L &T Cattle & Timber, LLC., a Crystal River, Florida company, sold the 1,400-acre monkey lab property in Gulf Hammock to JOINN Laboratories, CA Inc., a California company. The two managers of L&T Cattle and Timber, Steven D. Lamb and Justin Lamb sold the property for $5.5 million. Dusty Calderon of Saunders, Ralston, & Danzler Real Estate in Lakeland brokered the deal. The special warranty deed was recorded on Aug. 4, 2022, in Levy County Circuit Court.
The phone number for the real estate company is 407-459-7564; Email: info@svnsaunders.com
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Board of County Commission Workshop October 18, 2022; Posted October 27, 2022
