Laserfiche WebLink
INDIAN RIVER COUNTY, FLORIDA <br />MEMORANDUM <br />TO: Jason E. Brown; County Administrator <br />FROM: Stan Boling, AICP; Community Development Director <br />DATE: June 11, 2019 <br />SUBJECT: Consideration of Modifications to Regulations for Off-site Accessory Landscaping <br />Services Uses in Agricultural Zoning Districts <br />It is requested that the data herein presented be given formal consideration by the Board of County <br />Commissioners at its regular meeting of June 18, 2019. <br />BACKGROUND <br />At its March 5, 2019 meeting, the Board of County Commissioners (BCC) heard a request to speak <br />from Spencer Simmons and Tim Campbell who each live on 37th Street west of 66th Avenue in an <br />agricultural zoning district (A-1, Agriculture 1; up to 1 unit per 5 acres). Mr. Simmons and Mr. <br />Campbell spoke of their concerns regarding a landscaping services business (Caribbean Lawn and <br />Landscaping owned by Brian and Kelly Stolze) that had been established on± 9.9 acres at 7120 37th <br />Street. Mr. Campbell and Mr. Simmons indicated that they were following an active code case <br />against Caribbean Lawn and Landscaping for establishing an accessory landscaping services business <br />ahead of establishing a wholesale nursery on the subject site. Both expressed concerns about traffic, <br />effects on neighborhood character and property values, and the precedent for future similar situations <br />on other agriculturally zoned properties. <br />During discussion with staff, Board members acknowledged Right to Farm Act protections and the <br />code enforcement process but also expressed concern that under current procedures and code <br />interpretation, a landscaping services business could "game the system" by minimally establishing a <br />wholesale nursery in order to have an out -of -scale commercial business in an agricultural area. In the <br />end, the Board acknowledged that the code enforcement case would proceed on its own track, and by <br />consensus directed staff to research possible modifications to the land development regulations <br />(LDRs) to balance the needs of agriculture and commercial business in agricultural areas with respect <br />to landscaping services operations. <br />Since the March 5th meeting, staff has conducted research and drafted this report for the Board's <br />consideration. In addition, staff has drafted a proposed LDR amendment for the Board's review and <br />consideration as a "pending ordinance". <br />154 <br />