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CCPC Backup 12/16/2010 Rccpc REGULAR MEETING BACKUP DOCUMENTS DECEMBER 16, 2010 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, DECEMBER 16, 2010, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES S. APPROVAL OF MINUTES - November 18, 2010 6. BCC REPORT- RECAPS — 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. A Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use to allow a golf driving range within an Agricultural (A) Zoning District pursuant to subsection 2.03.01. A. l .c.17 of the Collier County Land Development Code for 29.6 acres of property located at 6500 Airport Road North in Section 12, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS A. PUDA- PL2009 -742 Barefoot Beach Property Owners Association, Inc., represented by R. Bruce Anderson, Esquire of Roetzel & Andress, L.P.A., is requesting an amendment to the Lely Barefoot Beach PUD, adopted in Ordinance No. 85 -83, to relocate approved unbuilt dwelling units from area DC -1 "The Cottages at Barefoot Beach" to Lely Barefoot Beach Unit One, Blocks A -K. The subject site is located on the south side of Bonita Beach Road in Sections 5, 6, 7 and 8, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, Principal Planner] B. PUDZ-2007 -AR -11381 Marsilea Villas, LLC, represented by Tim Hancock of Davidson Engineering, is requesting a rezone from an Agricultural zoning district (A) and an Agricultural zoning district with a Special Treatment Overlay to the Residential Planned Unit Development (RPUD) zoning district with removal of the Special Treatment Overlay for a project known as Marsilea Villas RPUD to allow development of up to 27 Single - Family dwelling units. The subject property, consisting of 10.25 acres, is located west of Livingston Road surrounded by Royal Palm International Academy just north of Imperial Golf Estates, Unit 5 in Section 13, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, Principal Planner] C. Note: This item is being Continued to the January 20, 2011 CCPC meeting per staffs request. CP- 2010 -1, Petition requesting an amendment to the Future Land Use Element of the Growth Management Plan, to modify the language of the Vanderbilt Beach Road Neighborhood Commercial Subdistrict to allow a grocery/supermarket, physical fitness facility, craft/hobby store, home furniture /furnishing store and department store use to exceed the 20,000 square feet limitation for a single commercial use, up to a maximum of 50,000 square feet, for Parcel 1 (9.2+ acres, zoned Bradford Square MPUD) only, and with the overall maximum development limitation of 100,000 square feet of commercial land uses on Parcel 1 to remain; the subject portion of the Subdistrict is located at the northeast corner of Vanderbilt Beach Road and Livingston Road in Section 31, Township 48 South, Range 26 East. [TRANSMITTAL HEARING] [Coordinator: Michele Mosca, AICP, Principal Planner] D. CPSP- 2010 -2, staff petition requesting amendments to the Future Land Use Element and Future Land Use Map and Map Series (FLUE/FLUM), to: modify the Bayshore /Gateway Triangle Redevelopment Overlay (B /GTRO); modify FLUE Policy 5.1; modify applicability of the Office and Infill Commercial Subdistrict; update the Wellhead Protection Map; update the FLUM and Map Series to reflect annexations, etc.; make FLUM boundary corrections in rural areas; and, add clarity, correct date errors, and make other non - substantive text revisions. [TRANSMITTAL HEARING] [Coordinator: David Weeks, AICP, GMP Manager] 10. OLD BUSINESS A. Presentation of Watershed Management Plan update [Coordinator: Mac Hatcher] B. Note: This Item is being Continued to the January 6, 2011 meeting per staffs request. Continuation of Flood Damage Prevention Ordinance review and recommendation for approval [Coordinator: Robert Wiley, Project Manager] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 12/8/2010 CCPC Agenda/Ray Bellows /jmp Naples Daily News • Friday, November 26, 2010 • 9A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 8.30 A.M., Thursdy, December 16, 2010, in the Board of County Commissioners Meeting Room, 3rd Floor, Ad- ministration Building, Collier Government Center, 3301 East Tamiami Trail, Naples Florida, to consider: Petition: PUDA- PL2009 -742, Barefoot Beach Property Owners Association, Inc., represented by R. Bruce An- derson, Esquire of Roetzel & Andress, L.P.A., is request- ing an amendment to the Lely Barefoot Beach PUD, adopted in Ordinance No. 85 -83, to relocate approved unbuilt dwelling units from area DC -1 "The Cottages at Barefoot Beach" to Lely Barefoot Beach Unit One, Blocks A -K. The subject site is located on the south side of Bonita Beach Road in Sections 5, 6, 7 and 8, Township 48 South, Range 25 East, Collier County, Florida. All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Develop- No. 231188465 ment Review prior to December 16, 2010, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. LEE COUNTY w? -mss PROJECT LOCATION cMOO 5 � LEE COUNTY UMj OJ 9 F011 nue9 OM 0 t0.n„ —AT M x a" T Km- Y ,s Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verba- tim record of the proceedings is made, which includes all testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Mark P. Strain, Chairman (PLEASE PRINT CLEARLY) MEETING DATE AGENDA ITEM TITLE Q� NAME Agenda Item # :- (CirclejMeeting Type) Regular Special Workshop Budget U� A ADDRESS Representing/ Petitioner: Other: �l �✓ �e Q��U�t V� ,{ COLLIER COUNTY ORDINANCE N0, 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOAS D OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD J� 3 0 0 Ei Protecl ng Southwest Florida's unique natural environment and quality of life December 15, 2010 R. Bruce Anderson Roetzel & Andress, L.P.A. 850 Park Shore Drive Trianon Centre, Third Floor Naples FL 34103 Sent via e-mail and post RE: Lely Barefoot Beach PUD Amendment Petition PUDA- PL2009 -AR -742 Dear Mr. Anderson: now and for CY Vt Jouthwest h lorida 1450 Merrihue Drive Naples, Florida 34102 239.262.0304 Fax 239.262.0672 www.conservancy.org Per the 1985 Settlement Agreement (Settlement) between Lely Estates, Inc. (Lely Barefoot Beach), The Conservancy, Inc. (Conservancy) and Collier County, certain activities and changes proposed within the Lely Barefoot Beach development require the review and /or approval of the Conservancy. Section seven of the Settlement describes the binding nature of the Planned Unit Development (PUD) document and states, in part: Because of the characteristics of this real estate development and the specific nature of the agreements herein for settlement and the associated standards, defendant Lely, on behalf of itself and its representatives, successors, assigns and heirs, does hereby agree that no changes to the relevant P.U.D. ordinance or associated exhibits (except for the minor changes described below) will be made without review and written approval by plaintiff, The Conservancy. Such approval shall not be unreasonable withheld. The Barefoot Beach Property Owners Association, Inc. has submitted an application to Collier County for a PUD amendment to reallocate 15 units of unbuilt density from the Cottages at Barefoot Beach (DC -1) to Lely Barefoot Beach Unit 1, Blocks A -K. The Conservancy asserts that the reallocation of density is a substantial amendment and therefore subject to the requirements of this provision. k•. The need to reallocate the 15 units of density is based upon a discrepancy between the number of lots available within Unit 1, Blocks A -K as indicated on the plat and the amount of density assigned to this area within the 1985 PUD. Unit 1, Blocks A -K were platted in 1978 and contained 132 buildable lots. The PUD assigned a lesser density of 91 units in 1985, but also included language that allowed for this maximum to be increased as long as the total density for the entire project did not exceed 750 units. Conservancy staff has reviewed this request and has determined that while the original plat contained 132 units, the PUD's flexibility in allowing for lot combination has resulted in a number of lots being consolidated to allow for a larger structure and greater setbacks from adjacent properties. A review of the Property Appraiser's site confirms that there are now 93 distinct lots within Unit 1, Blocks A -K. However, while some of these lot combinations have resulted in private deed restrictions limiting them to only one home, others do not have such a stipulation in place. According to the information provided on behalf of the applicant, there are six parcels where two homes could be allowed, even though these parcels today contain a single residence. Taking these lots into consideration, it appears that there are potentially 105 buildable units existing within Unit 1, Block A -K (See Attachment). Thus, a request to reallocate 15 units would bring the total allowable density from 91 units to 106 units. This total would provide the density necessary for a home to be built on all of the lots to which units are legally entitled, and would provide one extra dwelling unit in case of error in the total count. The Conservancy does not object to this amendment based upon the validity of the following items: 1. The amendment will not result in any additional impact to open space or preserve areas within the Lely Barefoot Beach PUD. 2. The amendment will not result in additional encroachment to natural resources beyond what is already allowed per the PUD and Settlement. 3. As the amendment is reallocating density already contained within the PUD, there will be no increase in the overall number of units within the development as the result of this amendment. Based upon these items being true and accurate, the Conservancy approved the proposed amendment to the Lely Barefoot Beach PUD. As a signatory to the 1985 Settlement, the Conservancy maintains our role of environmental oversight for activities within the Lely Barefoot Beach development. We take our obligation very seriously, as a significant amount of environmental impact was conceded during our negotiated settlement on this legal matter in the mid- 1980s. As much has been given up in order to allow for both development and natural resource protection within Lely Barefoot Beach, our role remains to continue monitoring all r activities under our authority to ensure they are conducted in a manner that avoids additional environmental degradation. Thank you for the information provided for our review and if you have any questions, please contact Nicole Ryan, Director of Governmental Relations, at (239) 403 -4220. Sincerely, i • ndrew McElwaine President and CEO CC: Nancy Gundlach Attachment 0 Lely Barefoot Beach Lots 96 Lots shown (Unit I and 2) 15 Vacant lots 93 Total Unit I Lots (15 Vacant + 78 Unit 1 Built) -S 4. CONSERVANCY Of Southwest Florida www.conservancy.org Legend - Unit 2 Lots (3 lots) Split Parcels (6 lots) Lely Unit 1 Vacant Lots (15 lots) 0 Unit l Built Lots Data from: Florida Department of Revenue 2009 Collier County Florida Parcel Data Available at Florida Geographic Data Library 0 0.025 0.05 0.1 0.15 0.2 Po&.7 Miles V , 4� if, z010 l' 12A • Friday, November 26, 2010 • Naples Daily News NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by Written comments must be filed with the Department of the Collier County Planning Commission (CCPC) at 8_30 Zoning and Land Development Review prior to December A.M., Thursday, December 16, 2010 in the Board of Coun- 16, 2010, in order to be considered at the public hearing. ty Commissioners Meeting Room, 3rd Floor, Administration All materials used in presentation before the CCPC will be- Building, Collier Government Center, 3301 East Tamiami for presentation permanent he Board r coudnty and will Comm be available if Trail, Naples Florida, to consider: nnnGcahle. Petition• PUDZ- 2007 -AR- 1.1381, Marsilea Villas, LLC, represented by Tim Hancock of Davidson Engineering, is requesting a rezone from an Agricultural Zoning District (A) and an Agricultural zoning district with a Special Treat- ment Overlay to the Residential Planned Unit Development (RPUD) zoning district with removal of the Special Treatment Overlay for a project known as Marsilea Villas RPUD to allow development of up to 27 single family dwelling units. The subject property, consisting of 10.25 acres, is located west of Livingston Road surrounded by Royal Palm Interna- tional Academy just north of Imperial Golf Estates, Unit 5 in Section 13, Township 48 South, Range 25 East, Collier County, Florida. All interested parties are invited to appear and be heard. In- dividual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Per- sons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials includ- ed in the CCPC agenda packets must submit said material bl' hearin SANDALWOOD ROSA 18 HILTON RANDDN 13 PROJECT 14 ROYALI PALM -A LOCATION e TLEW000 NTERNAT IMPERIAL ACADEMY PELICAN L STRAND y (DR,) 3X MADEIRA p 6 PELICAN W 23 PIPER BLVD. 24 K STRAND CARLTON (DR') — MEDICAL OFFICE MEDICAL O DEVELOPMENT GARDENSBY 1 NoR BRODK PL-1 Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which includes all testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Mark P. Strain, Chairman a minimum of 10 days prior to the respective pu is 9 November 26 2010 No.231188466 to Naples Daily News • Tuesday, November 30, 2010 • 17A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday, December 16, 2010 at 8:30 A.M. in the.Board of County Commissioners chamber, third floor, County Government Center, 3299 East Tamiami Trail, Naples. The purpose of the hearing is to consider recommendation to the Board of County Commissioners to transmit to the Florida Department of Community Affairs the Transmittal of the 2010 Cycle Growth Management Plan amendments to the Future Land Use Element and the Future Land Use Map and Map Series. The resolution title is as follows: RESOLUTION NO. 11- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COL- LIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMEND- ING THE FUTURE LAND USE ELEMENT, AND FUTURE LAND USE MAP AND MAP SERIES, AND FUR- THERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. ❑ Petition CP- 2010 -1, Petition requesting an amendment to the Future Land Use Element of the Growth Management Plan, to modify the language of the Vanderbilt Beach Road Neighborhood Commercial Subdistrict to allow a grocery/su- permarket, physical fitness facility, craft/hobby store, home furniture /furnishing store and department store use to exceed the 20,000 square feet limitation for a single commercial use, up to a maximum of 50,000 square feet, for Parcel 1 (9.2+ acres, zoned Bradford Square MPUD) only, and with the overall maximum development limitation of 100,000 square feet of commercial land uses on Parcel 1 to remain; the subject portion of the Subdistrict is located at the northeast corner of Vanderbilt Beach Road and Livingston Road in Section 31, Township 48 South, Range 26 East. [TRANSMITTAL HEARING] [Coordinator: Michele Mosca, AICP, Principal Planner] ❑ Petition CPSP - 2010 -2, staff petition requesting amendments to the Future Land Use Element and Future Land Use Mao and Map Series (FLUE/FLUM), to: modify the Bayshore /Gateway Triangle Redevelopment Overlay (B /GTRO); modify FLUE Policy 5.1; modify applicability of the Office and Infill Commercial Subdistrict; update the Wellhead Protection Map; update the FLUM and Map Series to reflect annexations, etc.; make FLUM boundary corrections in rural areas; and, add clarity, correct date errors, and make other non - substantive text revisions. [TRANSMITTAL HEARING] [Coordinator: David Weeks, AICP, GMP Manager] Collier County Florida LR. BK lfE CpINtt CR. 000 C.R. BRB CP-2010-1 xwoRr cauxn G C. 6lw. � PIHE RMKf IA. N onxs aw. ' qtt anus All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Dept., Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, fourth floor, suite 401, Collier County Government Center, East Tamiami Trail, Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, December 16, 2010, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceedng, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P. Strain, Chairman Collier County Planning Commission No 678178413 November 30 2010 Naples Daily News • Tuesday, November 30, 2010 • 17A C NOTICE PUBLIC N NOTICE OF PUBLIC MEETING Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday, December 16, 2010, at 9:00 A.M. in the Board of County Commissioners cham- ber, third floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, to consider the Transmittal of the following County Resolution, for Transmittal amendment to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on an amendment to the Future Land Use Element Future Land Use Map Series of the Growth Management Plan. The Resolu- tion title is as follows: RESOLUTION NO. 2011- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, ORDINANCE 89 -05, AS AMENDED, BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE EL- EMENT'S FUTURE LAND USE MAP SERIES FOR THE WELLHEAD PROTECTION AR- EAS, PROPOSED WELLFIELDS AND AQUIFER STORAGE AND RECOVERY (ASR'S) MAP, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. ❑ CPSP- 2010 -2, Petition requesting various amendments to the Future Land Collier County Wellhead Protection Mao. [TRANSMITTAL HEARING] [Coordinator: David Weeks, AICP, GMP Manager] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Dept., Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Mon- day through Friday. Any questions per- taining to the documents should be di- rected to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thurs- day, December 16, 2010, will be read and considered at the public hearing. COLLIER COUNTY WELLHEAD PROTECTION AREAS, PROPOSED WELLFIELDS AND ASRs IDS pFS C� 0 If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Com- missioners Office. Mark P Strain, Chairman Collier County Planning Commission N9.678186778 November 30. 2010 PUB I ` RiL E III o I Z� O s F-2 �BRYNWOOD AcT o PINE RIOCE ROAD C.R. 896 R; r nt mACi [ matt o �O aPCC_ sat :RA SLPTIl1N � Y �` _ PUD PUD"' PINE t CENTER E E PIN ERIpGE CPUDI' WE PINE VIEW A' R] 2 , 8. ll- 2' CFPUD'° AVOW HOSPICE t k u 21 A T M 7 9 33 PL - b� t IF LANE x k Y3 RS F-5(0.4) rt�} aR zy >5 RSF- 5(0.Y)I]� 3 PUD:: BRYNWOOD PRESERVE 22 r E TA56 35 N 53 53 ]I L 3R"NW000 WAY RR J A9 ----- .--- - - - - -- INDICATES SPECIAL TREATMENT OVERLAY rp SUBDIVISION INDEX NAME .B. vg. NO. xAxE P.B. Pq. RAZA PuHNED ux i IXVELOPxExT W BRYN— PR RNIV b ]a -], 12 ] 2e. 2] -q2 IA s ANDA M a] R 30 i n pr..•n INHicL E I I 1 iO S �t _ a -..C12 ni DUDLEY — DRIVE PUD slo,2 s,. mACT l SUTHERLAND CENTER ! mACi B Fes° f� PA. ^.EL '.3E F 75 SEAGATE BAPTIST CHURCH OF CHRIST ff! R.O.W. XTHE RESERVE AT NAPLES PUD " WHIPPOORWILL LAKES 181 2zio- z : ALL 130 WIND ZONE. ____ ____OR AS SHOWN ON MAP. R $ x& `$" BY COLLIER COUNTY, FLORIDA a�'•ein'�S� = - CHAIRMAN an�xo°.POR�B COMMUNITY DEVELOPMENT DIVIS.ON mARQa ^- m "g „.. _” TWP 49S RNG 26E SEC(S) 18 NO 1/2 p••- n• = ^ -- scAIF IMAP NUMBER: oa ATTEST CLERK 0 8N 9s1as — - - --j r r - -- — F FLOOD INSURANCE RATE MAP INFORMATION THIS IS TO CERTIFY THAT THIS IS A PACE Of THE OFFICIAL 2ONINC ATLAS REFERRED TO AND ADOPTED BY REFERENCE BY ORDINANCE NO a -at OF C COMMUNITY NUMBER:120067 PANEL NUMBER: 385G,425G _ - _ - T - I THE COVNTY OF COLUER, FLORIDA, ADOPTED —E 22 zow. P PROGRAM: REGULAR EFFECTIVE DATE: NOV. 17, 2005 - - °Box aa-o8o BE o o o _ _FLOOD ZONE: ALLY -OR AS SHOWN ON MAP. __. —... y F r y H F R 25 c R 26 E R 27 E 2006 — 2016 FUTURE LAND USE MAP Collier County Florida DETAILS OF THE RLSA OVERLAY AREA ARE SHOWN ON THE FUTURE LAND USE MAP TITLED: "COLLIER COUNTY RURAL 8 AGRICULTURAL AREA ASSESSMENT STEWARDSHIP OVERLAY MAP" R ^ VI coRKSCREw Dt^ SWAMP SAACNARY CLAM BAY NRPA LL1 H y O OT .) 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NOB N (pY - ZOaR-0>.SA31) y y NATNMIAL J+OW T, R 28 E R 29 E R 30 E R 31 E R 32 E R 33 E R 34 E 1o4 20D • Friday, November 19, 2010 • Naples Daily News NOTICE OF MEETING V Notice is hereby given that there will be a public Watershed Management Plan Workshop Thursday, December 2nd, at the Collier County Planning Commission meeting starting at 8:30 a.m. The meeting, will be held at the Board of County Commissioners Cham- bers, W. Harmon Turner Building (Bldg. F) located at 3299 E. Tamiami Trail, Naples, FL 34112. The meeting is open to the public. If you are a person with a disability who needs any accommodation in qr der to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Fa- cilities Management Department, lo- cated at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -535¢, (239) 252- 8380, at least two days prior to the meeting. For more information, call Mac Hatch- er in the Stormwater and Environ- mental Planning Section of the Land Development Services - Department at (239) 252 -2954. November 19 2010 No1877250 Collier County Impairments Related to Nutrients Effective Elements of Fertilizer Ordinances Comparison Conservancy of Southwest Florida Provision State Model City of Naples Conservancy Notes Ordinance Proposed Collier County Applicability to all YES YES YE S applicators of fertilizers, private and commercial Required training YES YES YES of professional applicators Timing of (only prohibits YES YES Ordinances now Application — no during floods, combine State fertilizer between hurricanes, 2" Model basics and June 01 thru Sept rain+ etc) the rainy season 30 prohibition Fertilizer Nitrogen YES YES SWFRPC Content - no less recommends 70% than 50% slow release nitrogen Fertilizer (allows up to Yz YES (2 %, allows for YES (0 %, allows for Marco Island Phosphorous pound per year) deviation with soil deviation with soil proposing 0% P Content - 0 -2% test) test) per guaranteed analysis Application Rate - NO (allows up to YES YES no more than 4 7lbs per year lbs. of nitrogen depending on type per 1000 sq ft. in of grass) any year "Fertilizer Free" (10 feet YES (10 feet with YES (10 feet with Sanibel has 25 Buffer Zones - no without deflector, deflector shield) deflector shield) foot buffer zone; fertilizer within 10 up to 3 feet with SWFRPC feet of a water deflector shield) recommends 25 body feet Impervious YES YES YES Surfaces: no application or .1 spills of fertilizer on impervious surfaces — clean up and contain immediately Low Maintenance YES, but not YES, but not YES, but not For example, use Zones - 6 foot area mandatory mandatory mandatory of Florida - friendly from any plants that are waterbody or drought tolerant seawall cap and don't require fertilizer applications Post notice of YES YES ordinance at retailers Educational Encourages Florida YES YES Naples and Marco measures Yards and to utilize Neighborhoods brochures and education other educational materials; Lee County has offered use of their design logo, etc. Slow Release Nitrogen Fertilizer Content Slow- release nitrogen is nitrogen in a form that adds nutrients into the soil slowly over time. Because slow - release nitrogen takes time to activate and provide nutrient components to the soil, many advocate its use over a quick - release nitrogen product that could leach and run off more quickly, causing water quality concerns'. Fertilizers with a high percentage of slow release nitrogen are less likely to leach or runoff into Florida's waters . 2 DEP recommends that "to limit the environmental impact of your fertilization program, it is recommended that no more than 0.S pounds of water - soluble N per 1,000 square feet be applied in a normal application.i3 A 2007 IFAS publication also recommends utilizing 50% slow release nitrogen.4 ' IFAS, 2007. The Florida Fertilizer Label. Soil and Water Science Department, Florida Cooperative Extension Service, IFAS, University of Florida. 2 DEP, 2008.Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries. P. 29; IFAS, 2006. A Guide to Florida - Friendly Landscaping: Florida Yards and Neighborhoods Handbook. 3 DEP, 2008.Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries. P. 29 4 Sartain, 2007. General Recommendations for Fertilization of Turfgrasses on Florida Soils. IFAS, University of Florida. P. 3. Minimal or Zero Phosphorus Fertilizer Content Soils throughout Florida generally contain enough phosphorus that fertilization with additional amounts of it is not necessary to maintain a healthy state. Therefore, as DEP has recommended, phosphorus "application should be limited to soils that require additional P based on soil or tissue testing.i5 4 lb Cap on Fertilizer Application Per Year The State Model Ordinance allows for fertilizing up to 6 Ibs of nitrogen per year for St. Augustine grass, and up to 7 Ibs of nitrogen for Bermuda grass. In order to avoid over - fertilization based on the state Model Ordinance, the Conservancy supports placing a cap on the annual amount that can be applied to 4 lbs. This cap echoes the minimums established in the Urban Turf Rule and literature such as IFAS' Florida Yards and Neighborhoods Handbook of the minimum amount of nitrogen needed for healthy turf grasses. Fertilizer Free Buffer Zones Adjacent to Waterbodies Buffer areas adjacent to water resource areas "function[ ] by removing sediments and associated pollutants from surface water runoff, removing, detaining, or detoxifying nutrients and contaminants from upland sources. "' A buffer area is put in place to mitigate against application error and prevent runoff. Buffers of at least 15 feet reduced subsurface nitrate flows by up to 80 %8. Green Industry Best Management Practices (BMP) and other sources suggest buffer zones of 10 feet can protect water resources9. Plants and turf within the zone may receive nutrient nourishment from other sources, for example, sloughing of fertilizer applied landward of the buffer zone or from rain deposits. Rainv Season Prohibition The state Model Ordinance only prohibits fertilizing during major storm events, such as floods, hurricanes, or tropical storms, or when rain fall is expected to be more than 2 inches10. However, only about 3 to 5% of southwest Florida's rain events exceed 2 inches" A blackout period would address frequent rainstorms washing fertilizer into adjacent waterbodies during the typical rainy season. The rainy season in Collier County is generally from June through September with 62 %, of average annual rainfall falling within this period12 . 5 DEP, 2008.Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries 6 FAC 5E- 1.003. Environmental Law Institute, 2008. Planner's Guide to Wetland Buffers for Local Governments. P. 1. 8 Muscutt et al, 1993. Buffer Zones to Improve Water Quality: A Review of Their Potential Use in UK Agriculture. Agriculture, Ecosystems, and Environment. 45:59 -77. ; Parkyn, 2004. Review of Riparian Buffer Zone Effectiveness. Ministry of Agriculture and Forestry Technical Paper No. 2004/05, Wellington, New Zealand. 9 Green Industries of Colorado, 2008. Green Industry Best Management Practices for the Conservation and Protection of Water Resources in Colorado: Moving Toward Sustainability. 10 DEP, January 2009. Florida - Friendly Landscape Guidance Models for Ordinances, Covenants, and Restrictions. 11 DEP, 2008. Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries. P. 30. 12 The Weather Channel. <http: / /www.weather. com/ outlook / travel /vacation plan ner /wxclimatology /monthly /graph /U SFL0302?from =3 6hr bottomnav_ vacation >. Accessed October 23, 2009. Many sources, including a study from IFAS, can be utilized to support the prohibition for rainy season application. "Fertilization with N in the summer is not always desirable since this often encourages disease and insect problems. "13 Instead, a slow - release fertilizer could be applied before June 1S` and provide steady nutritional aid during the black -out period while decreasing risk of disease and insect infestation. Additionally, grass clippings can be utilized to provide nutrients to turf during the rainy season application prohibition. Grass clippings are a significant source of nitrogen - up to 1 to 2 pounds of nitrogen per 1000 sq ft14. More grass clippings are produced in our rainy season than any other time of the year. 13 IFAS, 2007. General Recommendations for Fertilization of Turfgrasses on Florida Soils. Soil and Water Science Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida. 14 Swift, 1996. Updated 2009. Colorado State University Extension. Collier County Fertilizer Ordinance ORDINANCE NO. 10 -XXX AN ORDINANCE RELATING TO LAWN AND LANDSCAPE MAINTENANCE AND THE APPLICATION AND CONTENT OF FERTILIZERS APPLIED TO LAWNS AND LANDSCAPED AREAS WITHIN COLLIER COUNTY; CREATING A NEW ARTICLE XX OF CHAPTER XX OF THE COLLIER COUNTY CODE OF ORDINANCES PROVIDING FOR: FINDINGS; INTENT AND PURPOSE; DEFINITIONS; APPLICABILITY; TIMING OF APPLICATION, CONTENT AND APPLICATION RATE; TOTAL YEARLY APPLICATIONS; IMPERVIOUS SURFACES,FERTILIZER FREE BUFFER ZONE AND MODE OF APPLICATION; LOW MAINTENANCE ZONE; MANAGEMENT OF VEGETATIVE MATERIALS; EXEMPTIONS; TRAINING AND CERTIFICATION OF LAWN AND LANDSCAPING PROFESSIONALS; POSTING OF NOTICES AND EDUCATION; ENFORCEMENT; INCLUSION IN THE COUNTY CODE OF LAWS AND ORDINANCES; CONFLICTS OF LAW; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, nitrogen, phosphorus, and heavy metals associated with fertilizer use within the County are a source of pollution, occurring primarily from storm water runoff with the effect of impairing water quality and threatening the health of our aquatic systems; and WHEREAS, the Florida Department of Environmental Protection has identified Rookery Bay and Lake Trafford as "impaired" for nutrients and has identified Corkscrew Marsh, Cocohatchee Slough, Gordon River, Naples Bay, Golden Gate, Okaloacoochee Slough, Silver Strand, Immokalee Basin and Fakahatchee Strand as "impaired" as a result of excess nutrients under the Florida Impaired Waters Rule (§ 62 -303 F.A.C.); and WHEREAS, 32% of the area of Collier County is considered "impaired" for nutrients and /or "impaired" for dissolved oxygen with a causative pollutant of excess nutrients; and WHEREAS, remedial actions are necessary in order to maintain and improve the quality of these waterbodies and their downstream estuarine ecosystems, which can be accomplished through a reduction in the amounts and kinds of pollution flowing into these waterbodies through the County stormwater system as a result of fertilizer applications; and WHEREAS, nutrients are essential elements for plant growth and are commonly used in various forms as a fertilizer for lawn, turf, and landscape application; and WHEREAS, the amount of fertilizer applied shall be the minimum amount for the lawn and landscape to meet plant needs as amounts in excess may result in negative effects both to lawn and landscapes as well as water resources; and WHEREAS, phosphorus is not a necessary fertilizer ingredient for all sites and all locations within the County; and WHEREAS, nitrogen from slow release sources minimizes harmful leaching and is less likely to run off the land and pollute natural water bodies; Collier County Fertilizer Ordinance WHEREAS, a significant portion of fertilizer pollution can be ameliorated by using the correct fertilizer and the correct application method; WHEREAS, said practices would properly act to protect the health, safety, property, and welfare of the citizens and visitors to the County; and WHEREAS, harmful algal blooms and accumulation of red drift algae on local beaches have heightened community concern about water quality and eutrophication of surrounding waters; and WHEREAS, there is a need to develop and strengthen public awareness of the interconnectivity between activities in residential and commercial yards, streets, the County's stormwater system, and our surrounding natural water bodies; WHEREAS, in accordance with Florida Statutes Section 403.9336 and 403.9337, the County must adopt, at a minimum, the Model Ordinance for Florida - Friendly Fertilizer Use due to the presence of impaired waterbodies. WHEREAS, this ordinance is part of a comprehensive multi - pronged effort by Collier County to address nonpoint sources of pollution, reduce nutrient leaching and runoff including, but not limited to, stormwater management, water conservation, and education; and WHEREAS, the Board of County Commissioners has considered all relevant scientific information, including but limited to, information related to local conditions, quality of waterbodies, soils and geology, urban or rural densities and other characteristics, on the need to include more stringent provisions to address fertilizer use as a contributor to water quality degradation, and has included all relevant documentation within the public record before adoption of the more stringent criteria; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION 1: FINDINGS The above "whereas" clauses are hereby deemed by Collier County to constitute findings of Collier County for purposes of this Ordinance and are incorporated herein as if fully set forth in the section. SECTION 2: INTENT AND PURPOSE (1) The intent and purpose of this Ordinance is to provide for the regulation of landscape management practices and fertilizers containing nitrogen and /or phosphorus and to provide specific guidelines for landscaping and fertilization in order to minimize the negative environmental effects said fertilizers have in and on the waterbodies of Collier County. Stormwater runoff is a major source of pollution for our natural waters, and in order to improve the water quality of the waterbodies within and 2 Collier County Fertilizer Ordinance surrounding the County and restore their estuarine ecosystems, the amount and kinds of pollution flowing into these waterbodies must be reduced. Collectively these water bodies are a natural asset, which are critical to the environmental, recreational, cultural and economic well -being of the County and the surrounding areas and contribute to the general health and welfare of the public. Therefore, regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, entering the above - referenced waterbodies is crucial. Reducing the negative effects of nutrient pollution combined with lawn and landscape maintenance professional certification will be an essential step towards improving and maintaining water and habitat quality. The use of no phosphorous and slow release nitrogen fertilizers is strongly encouraged as Florida soils typically contain sufficient phosphorous for a healthy native or man -made landscape and nitrogen can quickly and easily run off landscapes. Certification will result in increasing the knowledge of lawn and landscape maintenance professionals, and their residential and business customers, of: a. The effects of fertilizers and overwatering on the environment; b. Ways to reduce the amount of fertilizers utilized; and c. Methods to limit water use on lawns and landscapes thus potentially lowering the impacts of nonpoint source pollution on local waterbodies. (2) Nitrogen and phosphorous are essential ingredients for plant growth; however, overuse and improper application of these nutrients create water quality issues and pollute our treasured natural waters. They promote algae blooms and other excessive plant growth. No phosphorus fertilizer and slow release nitrogen fertilizer, along with proper utilization, result in absorption by plants and lower levels of nutrients reaching the waterbodies within and surrounding Collier County and their associated watersheds. SECTION 3: DEFINITIONS The following words, terms, and phrases when used in this Ordinance shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the County Manager or designee, who will administer and enforce the provisions of this Article. Application means the physical deposit of fertilizer to turf or landscape plants. Applicator means any person who applies, in any manner, fertilizer to turf or landscape plants within the County. Best Management Practices means turf and landscape practices or combination of practices based on research, field- testing, and expert review, determined to be the most effective and practicable on- location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. 3 Collier County Fertilizer Ordinance Commercial Fertilizer Applicator means any person who applies fertilizer in exchange for payment or other valuable consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. Fertilize, fertilizing, or fertilization means the act of applying fertilizer to a lawn /turf or landscape plant. Fertilizer means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Guaranteed Analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. Impervious surface means a constructed surface, such as a sidewalk, road, parking lot, or driveway, covered by impenetrable materials such as asphalt, concrete, brick, pavers, stone, or highly compacted soils. Institutional Applicator means any person, other than a private, non - commercial or commercial applicator that applies fertilizer for the purpose of maintaining turf and /or landscape plants. Institutional applicators shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites, and any residential properties maintained in condominium or common ownership. Landscape Plant means any native or exotic tree, shrub, or groundcover (excluding turf). Lawn and Landscape Professional means commercial or institutional applicator. Low Maintenance Zone means an area a minimum of six (6) feet wide adjacent to watercourses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. Leaching means the process by which soluble constituents are dissolved and filtered through the soil by a percolating fluid. Non - Commercial Applicator means any person other than a commercial fertilizer applicator or institutional applicator who applies fertilizer on turf or landscape plants in the County, such as an individual owner of a single - family residential unit. Person means any natural person and shall also mean any business, corporation, association, club, organization, and /or group of people acting as an organized entity. Prohibited Application Period means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of Collier County, issued by the National Weather Service, or if heavy rain (World Meteorological Organization definition of heavy rain is rainfall greater 4 Collier County Fertilizer Ordinance than or equal to 50 mm (2 inches) in a 24 hour period) is likely. Rainy season means June 1 through September 30 of each calendar year. Rapid Release or Water Soluble Nitrogen means any product containing: (1) Ammonium Nitrate. (2) Ammonium Sulfate. (3) Calcium Nitrate. (4) Diammonium Phosphate. (5) Monoammonium Phosphate. (6) Potassium Nitrate. (7) Sodium Nitrate. (8) Urea (not in the form of slow release nitrogen). (9) Others as may be designated in writing by the County Manager or designee. Runoff means the water that results from and occurs following a rain event, or following an irrigation event, because the water is not absorbed by the soil or landscape and flows from the area. Saturated Soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. Slow Release, Controlled Release, Timed Release, Slowly Available, or Water Insoluble Nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference "rapid release nitrogen" product. Forms of slow release, controlled release, slowly available, or water insoluble nitrogen include: (1) Isobutylidene diruea (IBUD). (2) Resin, Polymer, or Sulphur coated urea. (3) Biosolids or residuals from domestic wastewater treatment. (4) Ureaformaldehyde. (5) Composted animal manure. (6) Others as may be designated in writing by the County Manager or designee. Tun`, Sod, or Lawn means a piece of grass- covered soil held together by the roots of the grass. Vegetable Gardens means a small area, privately cultivated and used to grow edible produce. Waterbody means any visible, standing or open body of water. This shall include, but not be limited to: municipal or private storm sewer systems (including inlets, conveyances and structures), ditches, swales, canals, creeks, rivers, streams, tidal waters, lakes, ponds, ponded water, standing water, wetlands, or any other body of permanent or temporary standing or visible water whether or not the water body is natural or manmade or contained by impervious surfaces on the bottom or sides. Water body shall not include structures such as pools and water fountains. 5 Collier County Fertilizer Ordinance Wetlands means those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soils. Yard Waste means shredded yard clippings, leaves, grass clippings, coconuts, limbs and any plant debris created in the act of mowing, trimming and removal of vegetation. SECTION 4: APPLICABILITY This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the County, unless such applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of this Ordinance. This Ordinance shall apply to retail businesses within the County selling fertilizer. This Ordinance shall be prospective only, and shall not impair any existing contracts. SECTION 5: TIMING OF APPLICATION: FERTILIZER CONTENT AND APPLICATION RATE: TOTAL YEARLY APPLICATIONS: IMPERVIOUS SURFACES: FERTILIZER FREE BUFFER ZONES: MODE OF APPLICATION: LOW MAINTENANCE ZONES: MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATERIAL (1) Timing of application. No person shall apply fertilizers containing nitrogen and /or phosphorus to lawn, turf and /or landscape plants during the Rainy Season and the Prohibited Application Period, or to saturated soils. (2) Fertilizer content and application rate. a. Phosphorous Content. Fertilizers applied to lawn, turf, and /or landscape plants within the County shall contain no phosphorus per guaranteed analysis label. b. Slow Release Fertilizer. Fertilizers applied to lawn, turf and /or landscape plants within the County shall contain no less than fifty (50) percent slow release nitrogen per guaranteed analysis label. c. Application Rate. Fertilizers should be applied to lawn, turf and /or landscape plants at the lowest rate necessary without exceeding the maximum rate per application. Fertilizer shall not be applied at a rate greater than one (1) pound of nitrogen per 1000 square feet per application. No more than four (4) pounds of nitrogen per 1,000 square feet shall be applied to any lawn, turf or landscape area in any calendar year. d. Total Yearly Applications. Fertilizers shall not be applied more than four (4) times during any one calendar year to a single area. (3) Impervious Surfaces. Fertilizer shall not be applied, spilled or otherwise deposited on any impervious surfaces. Any fertilizer applied, spilled or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed. Fertilizer released on an impervious surface must be C Collier County Fertilizer Ordinance immediately contained and either legally applied or returned to the original or other appropriate container. (4) Fertilizer Free Buffer Zones. No fertilizer shall be applied in or within ten (10) feet from the edge of any waterbody or seawall. (5) Mode of application. Spreader deflector shields are required when fertilizing by use of any broadcast or rotary spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer free buffer zones, and water bodies, including wetlands. (6) Low maintenance zones. A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale /berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent Collier County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. (7) Management of grass clippings and vegetative material. In no case shall any person wash, sweep or blow off grass clippings and /or vegetative material into stormwater drains, ditches, conveyances, water bodies, roadways or other impervious surfaces. SECTION 6: EXEMPTIONS (1) The provisions set forth in Section 5 of this Ordinance shall not apply to: a. Bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14, Florida Statutes, provided that fertilizers are applied in accordance with the appropriate best management practices manual adopted by the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy for the crop in question. b. Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. c. Golf courses, provided that the provisions of the Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses, 2007; as updated, as well as any training and certification requirements established in the "Model Ordinance for Florida - Friendly Fertilizer Use on Urban Landscapes ", as updated, are followed when applying fertilizer. d. Vegetable gardens. e. Yard waste compost, mulches, or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil. (2) The provisions set forth in Section 5 regarding timing of application and fertilizer free buffer zones shall not apply to: 7 Collier County Fertilizer Ordinance a. Newly planted turf and /or landscape plants which may be fertilized only for a thirty (30) day establishment period beginning the thirtieth (30th) day after planting and extending to the sixth (60t ) day after planting, provided documentation for newly established turf or landscape plants is maintained to support this exemption. (3) The provisions set forth in Section 5 regarding phosphorous content of fertilizer shall not apply to: a. Areas where soil tests confirm, and such tests are confirmed and approved by the County Manager or designee, that phosphorous levels are below 10 parts per million. This is equivalent to a "very low" designation for phosphorous set forth in the University of Florida Institute of Food and Agricultural Science Extension Soil Testing Laboratory Procedures Training Manual (Circular 1248, September 2002). SECTION 7: TRAINING AND CERTIFICATION OF LAWN AND LANDSCAPE PROFESSIONALS (1) Lawn and Landscape Maintenance - Mandatory Certification Requirements of Landscape Professionals. The provisions contained in this section shall constitute the requirements for certification of lawn and landscape maintenance professionals by the County. Additional state training and certification may also be required. a. General Requirements. No commercial or institutional applicator shall apply fertilizer without first obtaining a County certification as a lawn and landscape maintenance professional. b. Certification. To obtain County certification as a lawn and landscape maintenance professional, a person shall demonstrate competency through successful completion of a best management practices course, the curriculum of which will be approved by, provided by, or under the supervision of, the County and which will include at a minimum, the following general standards of competency: i. Effects on the environment from sediment, nutrients, and pesticides moving off site through surface or ground water. Site design and plant selection that enhances the natural environment. iii. Rates and methods of applying fertilizer and irrigation that minimize negative environmental consequences. iv. Utilization of integrated pest management to both minimize pests and decrease chemical applications. c. Specific standards of Competency. In addition to the general standards of competency, all commercial and institutional applicators of fertilizer within 0 Collier County Fertilizer Ordinance Collier County shall provide evidence of having successfully completed a course of study with at least six (6) hours of training in the areas identified under the general standard of competency. d. Certification. The County will provide a person who has paid the application fee and has satisfied the general and specific standards of competency set forth in this section with certificate indicating that the person is a certified lawn and landscape maintenance professional for the specified duration. e. After obtaining County certification as stated above, all certificate holders shall annually enroll in and successfully complete a refresher course. Administration. The program shall be administered by the County Manager or designee. The County Manager or designee is authorized to determine the qualifications of any applicant or any person performing lawn and landscape maintenance and to enforce this article as provided herein. The determination of qualifications of an applicant by the County Manager or designee may be appealed to the Board of County Commissioners by filing of an appeal within 14 days after receipt of determination. The Board of County Commissioners will conduct a hearing within 30 days, or will appoint a special magistrate within 60 days. The time periods may be waived by consent of the applicant and the County Manager or designee. The determination by Board of County Commissioners will constitute final agency action. g. Procedure for Application for Certification. A person requesting certification by the County as a lawn and landscape maintenance professional shall obtain an application for certification from the County that requires proof of completion of a course of instruction in the areas identified under the standards of competency. ii. The initial application fee and annual renewal fee amounts shall be set forth in the County's land development code, and will be used to defray the costs of the program, including without limitation, record keeping associated with the certification credentials, production of certificates and landscape certification cards, and all aspects of the written and verbal communications concerning the educational requirements. h. Lawn and landscape maintenance shall be performed only by those businesses that have at least one supervisor and a minimum of 10 percent of their field operations staff certified by the County as lawn and landscape professionals. At least one licensed lawn and landscape maintenance professional shall be present at any location where lawn or landscape maintenance is taking place. Revocation. 0 Collier County Fertilizer Ordinance Certifications issued under this Article may be revoked by the County Manager or designee after notice and hearing for any of the following offenses: 1. Fraud, misrepresentation or a false statement in the application of certification. 2. Fraud, misrepresentation or a false statement in the performance of lawn or landscaping maintenance services. 3. Violation of any condition, provision or qualification provided in the application. 4. Conviction, nolo contendere plea or forfeiture resulting from violation of any county, state or federal law involving theft, fraud, violence or moral turpitude. 5. Conducting business in an unlawful manner or in such manner as to threaten breach of the peace or menace to public health, safety or welfare. 6. Failure to comply with any provision of this Article. ii. Written notice of revocation of a certification issued under this Article and the grounds therefore shall be mailed or delivered to a certified Lawn and Landscaping Professional at the address specified in its application. (2) County - issued credentials required for display and inspection. The County- issued lawn and landscape maintenance professionals certificate must be displayed on the premises of any venue that makes use of at least one institutional applicator or commercial fertilizer applicator and those institutions or businesses that employ at least one lawn and landscape maintenance professional. The County- issued lawn and landscape maintenance professionals decal shall be displayed on every state - licensed motor vehicle used by a commercial fertilizer applicator or institutional applicator when performing lawn and landscape maintenance services within the County. The decal shall be displayed prominently and in such a manner as not to be obstructed. SECTION 8: POSTING OF NOTICES AND EDUCATION (1) Retail businesses within the County selling fertilizer shall: a. post a notice in a conspicuous location near the fertilizer notifying customers of the fertilizer ordinance regulations, particularly the required content of fertilizers. 10 Collier County Fertilizer Ordinance b. provide a County- approved brochure to all customers purchasing fertilizer products. Such brochures shall be developed and produced at the County's cost, and issued by the County to such retail businesses. SECTION 9: ENFORCEMENT (1) The violation of any provision of this article shall subject the violator to enforcement procedure and to the penalties. This article may be enforced against any person actually committing the infraction and any owner of person in control of the property upon which the violation occurs or condition exists. Each non - compliance or violation, and each day thereof, shall constitute a separate offense. (2) Nothing contained herein shall prevent the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with, or violation of, this article. Such other lawful action shall include but shall not be limited to, and equitable action for injunctive relief or an action at law for damages. (3) Funds generated by penalties imposed under this section shall be used by Collier County for the administration and enforcement of this fertilizer ordinance and to further water conservation and nonpoint pollution prevention activities. SECTION 10: INCLUSION IN THE COUNTY CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish this goal, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION 11: CONFLICTS OF LAW SECTION 12: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION 13: EFFECTIVE DATE This article shall take effect on XX, however, a one hundred and eighty (180) days implementation period from the effective date is hereby established. During this implementation period, no citations, notices to appear or other enforcement actions will be taken by the County. 11 (PLEASE PRINT CLEARLY) Agenda Item # IdA-- MEETING DATEry �( j l (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE NAME 4; >-, l! lb Hi T ADDRESS % Y5'-Z) d��- �Z / LL r 3 /v Representing/ Petitioner: C6 -ye,0, �kz y?cr,, S«l F--? _ Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD