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EAC Agenda 06/06/2007 ENVIRONMENTAL ADVISORY COUNCIL AGENDA June 6,2007 9:00 A.M. Commission Boardroom W. Harmon Turner Building(Building "F")—Third Floor I. Call to Order II. Roll Call Ill. Approval of Agenda IV. Approval of May 7, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Conditional Use CU-AR-8748 and Environmental Impact Statement, No. EIS-2007-AR-11502 "Ashraf Fawzy Aquaculture" Section 22, Township 49S, Range 27E VII. New Business A. Update members on topics of interest(future presentations scheduled) B. Recycled Roof Tiles C. Gordon River Greenway D. 5 year review of the RLSA -July 24, and July 25, 2008 BCC Chambers VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Summer Araque, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on June 1, 2007 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (530-6290). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. May 7, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, May 7, 2007 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Lee Horn Dr. Judith Hushon Roger Jacobsen Nick Penniman Michael V. Sorrell Dr. Lewellyn Williams ALSO PRESENT: Jeff Wright, Assistant County Attorney Susan Mason, Principal Environmental Specialist Summer Araque, Senior Environmentalist Catherine Fabacher, LDC Coordinator 1 May 7, 2007 1. Call to Order The meeting was called to order by Chairman William Hughes at 9:00 AM. II. Roll Call A quorum was established. HI. Approval of Agenda Add under Old Business a discussion by Jeff Wright, Assistant County Attorney, on Roberts Rules of Order and the Sunshine Law. Mr. Horn moved to approve the Agenda as amended. Seconded by Dr. Hushon. Carried unanimously 7-0. IV. Approval of April 4,2007 meeting minutes. "Jacobson" should be changed to read "Jacobsen." Mr. Sorrell moved to approve the Minutes of April 4, 2007 as amended. Seconded by Dr. Hushon. Carried unanimously 7-0. Susan Mason, Environmental Services stated that authorization has been given for expanded minutes to be provided by Mancan. V. Upcoming Environmental Advisory Council Absences None VI. Land Use Petitions A. Conditional Use CU-AR-10925 "Keewaydin Island Naples Bay Resort Beach Shelter" Section 14,Township 51S, Range 25E Disclosure: Councilman Jacobsen stated he spoke with Keith Laakkonen of Rookery Bay and got permission from Clay Brooker to visit the site, and did visit the site. Participants were sworn Clay Brooker,Esquire, Cheffy Passidomo Wilson &Johnson, representing Basil Street Partners,LLC, requested a conditional use be allowed to provide a passive recreational facility consisting of an elevated and screened beach shelter with restrooms and an educational kiosk for the use of the Naples Bay Resort. This is a scaled-back version of the first request and is drastically reduced. • Looking for a minimal shelter from the weather • No expansion will ever be requested • Conservation easement will preserve 95% of the native vegetation • Visitors will only be permitted to walk on the boardwalk • Elevated boardwalk will allow wildlife to traverse freely underneath • Project will have two restrooms 2 May 7, 2007 • Only light will be inside the restrooms,will have low power,possibly solar • Water supply will be from rainwater runoff that is treated • Right to transport potable water from the mainland would be reserved if natural system is insufficient • Power will be supplied by generator located in a housing at the east end of the property • All vegetation that is disturbed will be restored and replanted • Maximum number of people requested to be permitted on the beach at any one time would be reduced from 56 to 20 • Transport would be by club-owned vessel only, no private vessels would be allowed • Shelter would only be opened from dawn to dusk and only when member guests are transported to the island; otherwise, facilities would be locked • Alcohol would be permitted on site but not off the property • No pets would be allowed,no special events, no motorized vehicles,no fireworks, no boat races • Trash cans would be made available and removed and emptied daily • Rookery Bay would have 24-7 access to the property for monitoring • Project can be re-evaluated and adjusted if plans are not working • Violation and repeat violation fines would be imposed for violating rules • Florida Fish & Wildlife Service has withdrawn its objections in light of the drastic revision of the plan Disclosure: Mr. Hughes stated he has received e-mail from staff regarding this project. Mr. Hughes stated the changes in the plans are impressive. Mr. Jacobsen stated there might not be enough room for sufficient solar panels to supply all power needed. Mr. Brooker replied that a generator w d be used as a supplemental power source. Mr. Jacobsen stated concerns hat Rookery Bay would not have sufficient manpower to monitor t. southern tip of Keewaydin. Mr. Brooker replied Rookery Bay is looking for more comprehensive ways to have a presence on Keewaydin Island. Collier County Code Enforcement will be there when they can. Agreement entered into with Rookery Bay would require voluntary reporting of violations. Funding would be available for a ranger to monitor Keewaydin Island exclusively. Mr. Jacobsen stated there is currently a dock on Keewaydin that holds four or five boats with potential to hold four or five people each so people from those boats could number 20. People from these boats can go on the beach now without a structure being there. Mr. Sorrell asked regarding the difference between a composting system and aerobic system for the septic system. David Snead, Coleman Engineering,responded an aerobic system injects oxygen into a tank and is more efficient and is currently what is required on all /— residential units on Keewaydin Island. 3 May 7, 2007 --� Mr. Hughes suggested that it would be more efficient to transport waste back to the dock and pump it out there. Mr. Brooker replied that it would be difficult to constantly monitor the system and the State might not allow such a system because this is a commercial venture. Dr. Hushon suggested surveillance cameras to help the single ranger monitor all of the areas of the island and asked what authority the ranger would have in dealing with violators. Mr. Brooker replied it would be possible to have two rangers. Public Comments: Anthony Pires,Jr., Woodward,Pires & Lombardo, representing property owners on Keewaydin and associated property owners, commented on points as follows: • Nothing has changed • Agreements with DEP and concept of impacts on Keewaydin Island are illusory, there has been no analysis of impact on Keewaydin Island • Website advertising project as of May 3, 2007, says there will be regularly scheduled trips to exclusive Keewaydin Island • Application does not say there will not be regularly scheduled trips, it is left wide open as to how it will be achieved • There is issue with how people will get to Keewaydin Island, advertisements promise private marina offers boat rentals and shuttle service to exclusive Keewaydin Island • Advertisement indicates private craft may take advantage of boat dock ownership in one of 97 slips • People are paying large sums of money for properties and are being promised access to Keewaydin • Application says there will only be 20 people on the property, does not mention the entire Island • Applicant will not be the owner of the facility • There will be adverse impacts to Keewaydin Island • Requested application be denied in its entirety M.P. Van Dongen spoke against approval of the application due to concerns regarding fragility of Keewaydin Island. Kris Tomblin requested the petition be rejected, as she would like to see Keewaydin Island left pristine. James Jentgen spoke against commercialization of Keewaydin. Collier County Staff Comments: Kirsten Wilkie, Collier County Environmental Services, stated 10%of conservation easement would be dedicated to Collier County; balance would be dedicated to Rookery Bay. 4 May 7, 2007 John David Moss,Zoning and Land Development Review, stated No. 11 of the Agreement recommends Collier County revoke Basil Street Partners, LLC, conditional use permit of the property if they are in violation. Conditional use would run with the land so revocation would not be possible and some other penalty should be provided for in provision No. 11. Kirsten Wilkie stated staff recommends approval of the conditional use for the Keewaydin Island Naples Bay Resort Beach Pavilion with conditions outlined on Page 10 of the Staff Report. (See attached) Steve Lenberger,Environmental Services,stated the Land Development Code requires 10%native vegetation preservation. ST regulations do not have a specific preservation or impact requirement for this site; it is whatever is determined during the public hearing process. Clay Brooker stated Basil Street Partners, LLC, will correct the advertising to be consistent with what they are proposing now, marketing material is obsolete. Club members and their visitors will be transported to the beach shelter property via club-owned vessel on a reservation/request basis. Only 20 people will be taken out. There can be no control of how many people are on the Island, only number on property can be controlled. Keewaydin Island is owned in trust for the people of Florida and there can be no control of people beaching their boats on Keewaydin Island, and attempting to do so would be against state law. Control can be maintained as to who comes onto the property. Mr. Penniman moved to deny the petition for Conditional Use 2006-AR-10925. Seconded by Mr. Sorrell. Discussion: Mr. Wright stated a zoning change is not being requested, the zoning would remain the same. Within that zoning, there are certain uses that are uses by right and certain uses that are conditional uses. Petitioner is applying for a conditional use within the zoning. Mr. Sorrell stated he differentiates between a homeowner having a private barbecue and a commercial enterprise offering services for a fee. Mr. Penniman stated the project is bad for Collier County but good for the developer. Approval would open the door to other requests for similar projects on the sensitive barrier island. Mr.Jacobsen stated private homeowners would handle their property better than a commercial enterprise would handle its property. 5 May 7,2007 Dr.Hushon stated she does not believe this project would benefit the people of Collier County as a whole and she is concerned about the precedent that would be established regarding a delicate area. Mr.Jacobsen stated he is also concerned by the precedent that would be established. Mr.Williams expressed concern with the precedent. Mr.Hughes stated he dislikes the precedent also. Motion carried unanimously 7-0. (Break- 10:36 AM) (Reconvened- 10:45 AM) B. Planned Unit Development Amendment No. PUDZ-A-2006-AR-9374 "Naples Reserve RPUD" Section 14, Township 51S,Range 25E Disclosures: Mr. Jacobsen stated he visited the site but did not enter. Participants were sworn. Bob Mulhere,RWA,Inc.,presented a slide show outlining the proposed project. • Project is approximately 688 acres • Access to the project will be along the western boundary • Property is already zoned PUD • Request is for increase in density • Corps permit exists on property regarding conservation of wetlands,no change to existing permit is being requested • Issues are conservation of natural resources,protection of listed species and timely conversion of agricultural lands to more urban uses • Staff has recommended approval with no conditions Discussion: • Suggestion was made to join the two wetlands by running a hydrologic connection under the road • Lands were previously agricultural lands, testing for pesticides needs to be done • EIS is outdated; Environmental Advisory Council needs current information in order to make appropriate recommendation to the Collier County Board of County Commissioners • Fish &Wildlife Service opinion is no longer valid and needs to be updated,need new permit • Project is on panther lands, guidelines have changed, major mitigation needs to be done • RCW habitat land is being requested 6 May 7, 2007 • Petitioner will come back with answers to Environmental Advisory Council's questions Matter was tabled to be heard at a special session. C. Excavation Permit EXP-AR-11153 "North Belle Meade Mine" Sections 21,27 and 28,Township 495, Range 27E Participants were sworn. Disclosures: None Thomas M. Taylor, P.E., Hole Montes, gave a slide presentation as follows: • North Belle Meade overlay was originally done with significant amount of review,public input, and public hearings that identified certain areas that were specifically allowed to be mined in the North Belle Meade Overlay • Site was excluded from meeting environmental standards of Collier County • Mining area is just under 1,000 acres, 750 acres will be mined with the remainder used as facilities for storage of material • Florida Rock owns an additional 417 acres of preserve land in Section 27 which will not be excavated • Site is specifically identified in County's Growth Management Plan as appropriate for mining • Access to readily available rock is to the public's benefit, rock must be imported from outside the County • Proposed road to be built will have a developer contribution agreement • Majority of money spent on right-of-way will not be recovered by Florida Rock • Rock haul trucks will run between 5:00 a.m. and 4:00 p.m. • Asphalt and concrete batch plants will be located in the interior of the property • Commitment will be made to Collier County that blasting would occur between 10:00 a.m. and 2:00 p.m., averaging one blasting event per week • There will be a major impact on panther habitat; Florida Rock Mining will preserve an estimated 1,800 acres of panther habitat land, mitigation land is not yet identified. Florida Rock Mining is obtaining permits from the Army Corps and Florida Department of Environmental Protection • FDEP has review authority on commercial mining activities • Florida Rock Mining will donate the right of way thru their property to Collier County • Collier County will benefit from having a local source of rock since having the supply close by will greatly reduce the cost of hauling rock, which is a major factor in the pricing of rock W,QJUZ • RCW survey has been done and no active RCW cavity trees. on the mine site or proposed roadway 7 May 7, 2007 • Old growth trees should be preserved • Need good littoral shelf, littoral zone needs to be maintained and planted • Slopes will be planted to meet state and local requirements • After mining is completed, land would most likely convert to development land • Mr. Hughes mentioned the possibility that land could be donated to Collier County after mining is completed and would make a good reservoir; water is a big issue and Collier County should be constantly looking at future development and planning for it Mr. Hughes moved to recommend the petition be forwarded to the Collier County Board of County Commissioners with the following list of recommendations: 1. Potential surface crust contamination with public water supplies should be considered; 2. Protection of endangered species on the property and on adjacent properties should be assured; 3. Potential use of the land for future development of infrastructure of Collier County as reservoirs or potential water storage system should be considered; 4. Ensure adequate plantings of the littoral zone and consider the location of the road so that it minimally affects old/pines in the area. Seconded by Mr. Jacobsen. Carried unanimously 7-0. (Lunch break- 12:14 PM.) (Reconvened - 1:00 PM.) ? d: Public Comment: Jennifer Rogers,Coordinator for Team Ocean Collier County spoke regarding goals of Team Ocean Collier County. • Promote stewardship of Collier County waters, marine resources one on one and to outreach to boaters with education • Funding is through Florida Fish & Wildlife Services and the Florida Department of Environmental Protection • Invited someone from Environmental Advisory Committee to participate, Mr. Jacobsen volunteered • Ms. Rogers was invited back to do an in-depth presentation VII. Old Business A. -Sunshine Law-Jeff Wright,Assistant County Attorney Mr. Wright stated a video of the presentation made last week regarding "Roberts Rules of Order and the Sunshine Law" could be purchased for$2.00 by contacting Janet Cuifan. B. Herbicide Review from Pollution Control- Tabled to future meeting. 8 May 7, 2007 C. Watershed Coordination Team Meeting- Summer Araque, Sr. Environmentalist Ms. Araque discussed the Belle Meade area Storm Water Management Master Plan. • Visionary plan • Presentation to EAC will be at the next scheduled meeting • Dr. Hushon would like scheduled a presentation on the Gordon River Greenway proposed park, issues on water quality and water treatment issues should be presented • Mr. Hughes would like to have scheduled a presentation on an alternative transportation grid for the North-South Greenway,electric bicycles could be used to reduce local traffic • Mr. Hughes requested a report on high sodium levels in water wells in Golden Gate Estates VIII. New Business A. LDC Amendments-Catherine Fabacher,Land Development Coordinator Section 5.05.13 Heliports - Clay Brooker,E.B. Simmonds Electrical, Inc. Mr. Brooker stated property is off of Enterprise Avenue east of Municipal Airport in 2001 which is zoned industrial. Requested change is to provide siting, design and operation criteria for heliports. No such criteria currently exist in the Land Development Code,notwithstanding the fact that "Transportation by Air" is a permitted use in the Industrial zoning district. • SDP was submitted and approved but later retracted because no criteria existed in the LDC • Amendment incorporates both the state airport licensing law as well as all FAA and Department of Transportation regulations which are very comprehensive on this issue • Collier County staff was concerned about the impact on residential areas, setbacks have been met,neighbors'rights will not be infringed upon • Size of helicopter has been limited to 12,000 pounds • Emergency vehicles would be permitted to use heliport • Noise control ordinances of Collier County would be complied with Disclosure: Mr. Jacobsen stated he knows the petitioners personally but has not discussed this matter with them Public Comment: None Mr. Penniman moved to approve the proposed amendment. Seconded by Mr. Horn. Carried unanimously 7-0. Section 6.05.02 Bulkheads and Seawalls - Stan Chrzanowski, P.E., Engineering Services Department 9 May 7, 2007 Mr. Chrzanowski discussed the requested amendment which requires residential new construction to provide minimal pretreatment of storm water runoff prior to discharge into canals serving the Gulf of Mexico. Change would apply to new and replacement seawalls only. Specified stone would be changed to 3/4-1 inch stone. • Seawall repair does need permit • Extends life of the wall and reduces expense • There would be one weep hole in the middle of every eight foot wide panel • Full DSAC has not weighed in yet • Clarification is needed, should apply to every building permit Public Comment: None Mr. Penniman moved to approve the proposed amendment with the caveat that it applies to all permits. Seconded by Mr. Horn. Carried unanimously 7-0. Section 6.05.O1.F,Add Section 6.05.O1.F Storm Water Retention/Detention Design for Single-Family Homesites- Stan Chrzanowski, P.E.,Engineering Services Department Mr. Chrzanowski discussed that there is presently no regulation of single-family ,.� home construction on existing older subdivisions in Collier County. • Single-story house takes up more impervious area than a multi-story house • Board of County Commissioners wants control over size of water management impact of homes • Multi-story homes have lesser impact on water management • Requesting total impervious area be limited, anything above the limit would require a licensed professional engineer to design the water management system Public Comment: None Mr. Jacobsen moved to approve the amendment with "permeable" area being defined by measurement and agricultural land being included. Seconded by Mr. Sorrell. Carried unanimously 7-0. Section 4.06.05C.1 Redefine the Boundary for Native Planting Requirement- Bruce McNall, Zoning and Land Development Review Mr. McNall spoke regarding the requested change which is being requested because the current language is contradictory and unclear. Public Comment: None 10 May 7, 2007 Dr. Hushon moved to approve the requested amendment with a change that would provide for two zones,coastal zone and other. The language regarding "inland zone" would be eliminated. Seconded by Mr. Jacobsen. Carried unanimously 7-0. Section 4.06.05.0 Modify Prohibited Invasive Exotic Plant List- Bruce McNall,Zoning and Land Development Review Mr. McNall requested change which would define prohibited species to include all FLEPPC Category I invasive exotics. Mr.Jacobsen moved to approve the requested amendment with the addition of the language "plus the following two species, Chinaberry tree and Indian Rosewood." Seconded by Mr. Williams. Carried 6-1 with Mr. Sorrell dissenting. Discussion: • Restricted plants should not be sold in Collier County Section 3.06.06 Regulated Well Fields -Withdrawn Section 2.03.07 J and 4.02.22 -Goodland Zoning Overlay(GZO)-Matt Finn Mr. Finn spoke about the proposed change in the Goodland Overlay to clarify what is already allowed for a clam hatchery. • Facility would promote cleaner water, clams oxygenate and filter water • Proposed facility would be land based • County park is located next door,hatchery could be used as an educational resource • Renting of property for a hatchery to non-residents of Goodland has the potential to take away from the residents and does not protect the residents Mr. Penniman moved to recommend the amendment with the exception of 1A, v and vii on which no position will be taken as it is outside the purview of the EAC. Seconded by Mr. Horn. Carried unanimously 7-0. Section 3.03.02 - Delete Reference to the Coastal Zone Management Plan from the LDC - Steve Lenberger,Environmental Services Mr. Lenberger spoke regarding the proposed change which is requested because in June 1993 the BCC adopted various amendments incorporating selective recommendations of the Coastal Management Plan that were previously brought to the BCC. The reference to the plan in the LDC is outdated and needs to be deleted. Public Comment: None Dr. Hushon moved to approve the proposed amendment. Seconded by Mr. Horn. Carried unanimously 7-0. B. Mission Statement 11 May 7,2007 Will be considered next month. Herbicide issue should be addressed. County staff was requested to sequester the various pieces of legislation utilized in the State of Florida for review. IX. Subcommittee Reports None X. Council Member Comments • Mr. Hughes commented on the desirability of utilizing solar power in Collier County • Mr. Jacobsen requested that Jack Goddard speak at the next meeting • GMP amendment to the Hussey Mine is coming before the Board of County Commissioners on June 4, 2007 with possible carryover to June 5, 2007 There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 2:50 PM. ***** COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes approved by the Board/Committee on , as presented or as amended 12 Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 6,2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Conditional Use, No. CU-2005-AR-8748 and Environmental Impact Statement, No. EIS-2007-AR-11502 Petition Name: Ashraf Fawzy Aquaculture Applicant/Developer: Ashraf Fawzy Engineering Consultant: Q. Grady Minor&Associates, P.A. Environmental Consultant: Hoover Planning &Development, Inc. II. LOCATION: The subject property, consisting of approximately 15.08 acres, is located at 2060 Tobias Street, approximately two miles south of Golden Gate Boulevard in Section 22, Township 49 South, Range 27 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N- Agriculture (A) Unimproved property S - Agriculture (A) Unimproved property E - Agriculture (A) Unimproved property W - Agriculture (A) 70-foot access easement, then unimproved property IV. PROJECT DESCRIPTION: The petitioner seeks a Conditional Use to permit excavation in excess of 4,000 cubic yards, intended as part of an aquaculture facility for native fish. The requested Conditional Use for an excavation would enable the applicant to construct an aquaculture facility to raise fish in cages submerged 4 feet from the surface of the proposed lake. As shown on the master site plan, an equipment and aerator storage building; processing EAC Meeting 6/06/07—Fawzy Aquaculture CU Page 2 of 7 area; freezer and product storage building area; green house and breeding tanks; a temporary trailer/future house; parking areas; and two easements to be dedicated for Collier County wells are proposed. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Agricultural/Rural, Rural Fringe Mixed-Use District, Sending Lands, on the Future Land Use Map of the Growth Management Plan. It is within the Natural Resource Protection Area Overlay (NRPA) as well as the North Belle Meade (NBM) Overlay. The Rural Fringe Mixed-Use District (RFMUD), Sending Lands, permits agricultural uses that are consistent with the Florida Right to Farm Act. Aquaculture is such a use. Further, excavation is a necessary component of the proposed aquaculture use as it is necessary to create the aquaculture facility. The NRPA Overlay specifically provides that conditional uses on privately owned lands within the Sending Lands are those set forth in the RFMUD. Likewise, within the NBM, the underlying designation (RFMUD, Sending) determines the allowable uses and n densities. The FLUE also includes the following suggestive language regarding privately owned lands located in both the NBM and NRPA overlays: "Planning Considerations: a. TDRs: Strongly encourage the transfer of development rights from NBM Sending Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area." Based on the above analysis, the proposed conditional use may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management 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 applicable 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, stormwater 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. EAC Meeting 6/06/07—Fawzy Aquaculture CU Page 3 of 7 This project is consistent with the objectives of policy 2.2.2 in that there is no water leaving the site. The aquaculture lake will retain all the water that falls on it and the runoff from the rest of the site will be routed into the lake. There will be little traffic so the amount of introduced pollutants should be small. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: The project will be in compliance with Policy 6.1.4 by keeping the site free of prohibited exotic vegetation as defined by the Land Development Code and Florida Exotic Pest Plant Council. Policy 6.1.5 states that agriculture shall be exempt from the preservation requirements contained in Policies 6.1.1, and 6.1.2 of this element provided that any new clearing of land for agriculture shall not be converted to non-agricultural development for 25 years. For any such conversions in less than 25 years, the requirements of Policy 6.1.1 and 6.1.2 of this element shall be applied to the site 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 P-•• (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. This policy requires an EIS for all projects in Rural Fringe Sending Lands, excluding single-family homes. The owner has applied for an Agricultural Clearing Notification. He will have County authorization to clear the remainder of the property and start operations without hauling fill off-site, until the Conditional Use is approved. This Notification is expected to be issued after the EAC hearing for the EIS. No jurisdictional wetlands were identified as required in Policies 6.2.1 and 6.2.2. The site consists entirely of uplands. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the EIS. VI. MAJOR ISSUES: Stormwater Management: The Fawzy parcel sits at the north end of the Henderson Creek canal basin almost on the dividing line between the Henderson Creek Canal Basin and the Main Golden Gate Canal Basin. Historic flow from the parcel is to the south. Because of the position of the EAC Meeting 6/06/07—Fawzy Aquaculture CU Page 4 of 7 parcel, a perimeter berm will have a minimal effect on the flow of water since water already flows away from the parcel toward the north and south. Almost all water quality retention/detention and water quantity attenuation in Collier County is done using excavated water bodies and this project contains one large excavated water body. The engineering department is not familiar with the long-term buildup of nutrients in aquaculture ponds from uneaten food and from fish feces, but we surmise that some sort of nutrient removal plan involving floating vegetation that is periodically harvested, or a trickling filter, or something similar may need to be employed at some point. Site Description: The property is 15 acres large and contains two major habitat types: Pine Flatwoods with various degrees of exotic infestation, and Unimproved Pasture. There is a trail that bisects the western part of the property diagonally. The site has had cows ranging on it, as well as hundreds of acres surrounding it, for at least twenty years. In 2005, the owner obtained a Vegetation Removal Permit to clear the official access easement to the property, which was approximately 1/3 mile long, and to clear for placement of a perimeter fence. The property was cleared more than the permit allowed for placement of the fence, and the property owner has paid after-the-fact fees for the over-clearing. Wetlands: As stated previously, there are no wetlands on the project site, and there appear to be no wetlands immediately surrounding the project site, also. Preservation Requirements: No preservation is required since the aquacultural use is considered a Right-to-Farm Act use. Listed Species: The project site lies within the Primary Panther Consultation Area as defined by the US Fish and Wildlife Service. This agency has not responded as to whether or not mitigation will be required. The Florida Fish and Wildlife Conservation Commission (FWC) has stated in an email that this project is not likely to effect the Florida Panther, but has recommended deterrent measures for Florida Black Bear, including a 100' perimeter buffer. The applicant is proposing a 10' buffer with trees and shrubs instead, and will use bear proof waste containers when the business is operating. Also included in the proposed EAC Meeting 6/06/07—Fawzy Aquaculture CU Page 5 of 7 Listed Species Management Plan is surveying for and protecting active Big Cypress Fox Squirrel nests and relocating listed plant species. See EIS Exhibit 18. VII. RECOMMENDATIONS: Staff recommends approval of Conditional Use, No. CU-2005-AR-8748 and Environmental Impact Statement, No. EIS-2007-AR-11502, Fawzy Aquaculture, with the following conditions: Stormwater Management: None Environmental: 1. Results of the Big Cypress Fox Squirrel survey and listed plant species relocation will be provided within 60 days of the Agricultural Clearing Notification approval. 2. Copies of required agency permits shall be submitted before approval of the Conditional Use. EAC Meeting 6/06/07—Fawzy Aquaculture CU Page 6 of 7 PREPARED BY: /4a/1/cc ` 5/a tc / ) LAURA ROYS GIBSON ENVIRONMENTAL SPECIALIST DATE ENVIRONMENTAL SERVICES DEPARTMENT STAN CHRZA i •WS , . n ENGINEERING REVIE ANAGER DATE ENGINEERING SERVICES DEPARTMENT q22/6 JOHN II fiVID MOS , AICP DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW r EAC Meeting 6/06/07—Fawzy Aquaculture CU Page 7 of 7 REVIEWED BY: 7 -- -2-------------- ,,hof- 5, s-Z o2 AR: i RA S. BURGESON DATE P' :1 CIPAL ENVIRONMENTAL PECIALIST NVIRONMENTAL SERVICES DEPARTMENT 'I! 1 l _ !W. iia..l 05•a-or ^`7 IAM D. LO' 'NZ, Jr., '.E., DIRECTOR DATE ENVIRONMENTAL SERVICES DEPARTMENT n � 2407- JEFF E. IGridL ATE i ASSISTA T COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: i......0---k.------5(-:%ve-91 ,.__5----/2-'-/a 7 JOSEPH K. SCHMITT DAT FOMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES ADMINISTRATOR n