FROM: Rick Lambert
           Planner II                                                      REFERENCES: CORC: 1/9/02 5:30 p.m. N.P.R.;
                                                                                                       CORC: 1/16/02 4:00 p.m. N.P.R.;
                                                                                                       CORC: 2/1/02 1:00 p.m. N.P.R.;
                                                                                                       Introduction: 12/18/01 9:30 a.m. N.P.R.;
                                                                                                       First Public Hearing: 2/12/02; 9:30 p.m. D.C.
                                                                                                       Continued from 1/29/02 9:30 a.m. N.P.R.;

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It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners.

DESCRIPTION AND CONDITIONS:

Please find below for your consideration the proposed Pasco County Landscaping and Irrigation Ordinance. The ordinance has been modified to reflect the changes requested by this Board at the First Public Hearing on February 12, 2002. A copy of the revised ordinance is attached to this memorandum with additions underlined and deletions struck-thru. A summary of the major changes follows:

Pasco County will require that a minimum of fifty percent (50%) of plant materials, other than turfgrass and trees, shall be Florida native plants. This requirement will be phased in incrementally over a five year period to insure that required plant materials will be available from area industry professionals. The section also clarifies that the use of non-drought tolerant turfgrass is limited to fifty percent (50%) of the greenspace.

As in Section 5, Pasco County will require that a minimum of fifty percent (50%) of plant materials, other than turfgrass and trees, shall be Florida native plants. This requirement will be phased in incrementally over a five year period to insure that required plant materials will be available from area industry professionals. The section also clarifies that the use of non-drought tolerant turfgrass is limited to fifty percent (50%) of the greenspace. Also, language has been added requiring the use of understory trees where interference with overhead utility lines is likely.

The language was revised to clarify that non-compliant existing planting beds are required to be brought into compliance within one year from the date of adoption of this ordinance.

Section 9. Automotive Service Stations and Convenience Stores with Gas Pumps

Existing automotive service stations and convenience stores with gas pumps that do not comply with the right-of-way buffering requirements and have greenspace available between the development and the right-of-way will be required to come into compliance with the requirements of the ordinance to the maximum extent possible. However, no the property owner will not be required to alter or move any existing structure, vehicular use area or water management system nor shall the construction of a berm be required to comply with the requirements of the section of the ordinance.

Existing Class I and II developments that do not comply with the right-of-way buffering requirements and have greenspace available between the development and the right-of-way will be required to come into compliance with the requirements of the ordinance to the maximum extent possible. However, no the property owner will not be required to alter or move any existing structure, vehicular use area or water management system nor shall the construction of a berm be required to comply with the requirements of the section of the ordinance.

Additionally, the language has been revised to clarify that only in those instances where a sidewalk is located adjacent to a masonry wall constructed within a required right-of-way buffer is a single row of trees required to separate the sidewalk from the masonry wall so as to provide shade for the sidewalk.

ALTERNATIVES AND ANALYSIS:

The Board of County Commissioners is requested to consider the following alternatives:

1. Adopt the proposed Landscape and Irrigation Ordinance with the proposed revisions.

2. Do not adopt the proposed Landscape and Irrigation Ordinance.

RECOMMENDATIONS AND FUNDING:

Development Services, with the concurrency of the County Administrator, recommends that the Board of County Commissioners listen to public comment, adopt the attached proposed Landscape and Irrigation Ordinance, authorize the Chairman’s signature, direct Board Records to file a certified copy of the ordinance and the coding form with the Department of State within ten (10) days after enactment, retain one (1) original, and send one (1) certified copy to the County Attorney’s Office in New Port Richey.

Attachments:

Pasco County Landscaping and Buffering Ordinance as revised.

BP/RL/rl

APPROVED AGENDA ITEM FOR

DATE_______________________

BY__________________________