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W- <br />INDIAN <br />RIVER COUNTY, FLORIDA <br />MEMORANDUM <br />TO: Jason E. Brown <br />County Administrator <br />FROM: Phil Matson, AICP <br />Community Development Director <br />DATE: September 28, 2020 <br />SUBJECT: Consideration of Amendment to Land Development Regulations Changing the List of Uses in <br />Agricultural Zoning Districts to Prohibit Commercial or Residential Lawn Care Services (first <br />of two required public hearings) <br />It is requested that the Board of County Commissioners formally consider the following information at the <br />Board's regular meeting of October 6, 2020. <br />BACKGROUND <br />Over the past year, the Board of County Commissioners (BCC), the Agriculture Advisory Committee (AAC), <br />and the Planning and Zoning Commission (PZC) have held public meetings and have considered four <br />alternative proposals to amend County land development regulations (LDRs) to address accessory off-site <br />landscaping services businesses in agricultural zoning districts. The four alternative LDR amendment <br />proposals are summarized as follows: <br />• Staff "1St Alternative" LDR Amendment (presented to the BCC on 6/18/19): further define off-site <br />landscaping services and allow the use, subject to criteria (e.g., buffering, minimum parcel size, <br />setbacks); uses meeting the definition and criteria not subject to permit approval. <br />• Staff "2" Alternative" LDR Amendment (recommended by the AAC and PZC): define the use and <br />establish criteria (similar to Staff "1 It Alternative") but require administrative permit site plan approval <br />and PZC approval. <br />• Hendrix Proposed LDR Amendment: make off-site landscaping services in agricultural zoning <br />districts a "special exception" use, subject to specific criteria and public hearings before the PZC and <br />BCC, with notice to surrounding property owners. <br />• Simmons/Campbell Proposed LDR Amendment: eliminate the allowance of off-site accessory <br />landscaping services in agricultural zoning districts (re: commercial use, not an agricultural use, more <br />appropriate in commercial districts). <br />At a public hearing on March 3, 2020, after public input and consideration of recommendations by the AAC <br />and PZC, the Board voted to direct staff to draft an ordinance that prohibits lawn care businesses in agricultural <br />zoning districts, while still allowing certain landscaping services protected under the Florida Right to Farm Act <br />(Florida Statutes Section 823.14). [See 3/3/2020 BCC minutes, Attachment 1 to this report.] <br />C:\Users\legistar\AppData\Local\Temp\BCL Technolo ies\eas PDF 8\ BCL E80EF54B\ BC1E80EF54B.doc 137 <br />1 <br />