CITY OF TALLAHASSEE
CITY COMMISSION AGENDA ITEM
ACTION REQUESTED ON: February 11, 2009
SUBJECT/TITLE: Introduction of Ordinance No. 09-O-08, Revising Duties of Environmental Variance Board to Add Variances from the Fertilizer Ordinance
TARGET ISSUE: Energy and Environmental Resources
STATEMENT OF ISSUE
On January 28, 2009, the City Commission approved Ordinance No. 08-O-72, regulating the application of fertilizer in the City of Tallahassee. Section 9-132 of the Fertilizer Ordinance provides for variances from the application requirements under certain circumstances and provides that the Environmental Code/Variance Board will consider and act on variances to the Ordinance. The City Attorney’s Office has drafted Ordinance No. 09-O-08 to add duties related to Fertilizer Ordinance variances to the authorized duties of the Environmental Code/Variance Board. (Attachment 1) The ordinance is before the City Commission for introduction and to set the public hearing for Wednesday, February 25, 2009.
RECOMMENDED ACTION
Option 1: Introduce Ordinance No. 09-O-08 and set the first and only public hearing for Wednesday, February 25, 2009, in City Commission Chambers, Second Floor, City Hall, 300 South Adams St., Tallahassee, FL.
FISCAL IMPACT
None expected.
James R. English, City Attorney
For Information, please contact: Linda Hudson, Assistant City Attorney, Ext. 8554
SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
On January 28, 2009, the City Commission approved Ordinance No. 08-O-72, regulating the application of fertilizer in the City of Tallahassee. Section 9-132 of the Fertilizer Ordinance provides for variances from the application requirements as follows:
Sec. 9-132. Variances
Any applicator of fertilizer regulated by the provisions of this Article may apply to the Environmental Variance Board pursuant to the requirements in Chapter 2, Administration, of this Code and in Section 5-126, Environmental Variances, of the Tallahassee Land Development Code for a variance from the requirements of this Article. In addition to the requirements in Sections 2-197 and 2-198 of this Code and in Section 5-126 of the Land Development Code, the applicant must submit the following information:
(a) Whether, as a result of soil or tissue content at the point of the proposed application or for other geographical, environmental or geological reasons or other circumstances, such person should not be required to adhere to the strict provisions of this Article; and
(b) Whether such person is able and willing to use a less strict application method or alternative materials or methods; and
(c) A plan for fertilizer application, including where the fertilizer will be applied, the frequency of application, contents of fertilizer to be applied, and period of time for which the variance is requested.
The Fertilizer Ordinance provides that the Environmental Variance Board to consider and act on variances to the Ordinance. The City Attorney’s Office has drafted Ordinance No. 09-O-08 to add duties related to Fertilizer Ordinance variances to the authorized duties of the Environmental Code/Variance Board. (Attachment 1)
The ordinance is before the City Commission for introduction and to set the first and only public hearing for Wednesday, February 25, 2009.
OPTIONS
1. Introduce Ordinance No. 09-O-08 and set the first and only public hearing for Wednesday, February 25, 2009, in City Commission Chambers, Second Floor, City Hall, 300 South Adams St., Tallahassee, FL.
2. Introduce Ordinance No. 09-O-08, as revised by the City Commission, and set the first and only public hearing for Wednesday, February 25, 2009, in City Commission Chambers, Second Floor, City Hall, 300 South Adams St., Tallahassee, FL.
3. Do not introduce Ordinance No. 09-O-08 and provide direction to staff.
ATTACHMENTS/REFERENCES