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Staff has since drafted an ordinance reflecting the Board's direction and is now bringing it before the Board for approval consideration (see proposed ordinance, Attachment 2 to this report). Requirement of Two Advertised Public Hearings The proposed ordinance, if adopted, will change the list of permitted, conditional, or prohibited uses within agricultural zoning districts. In such cases where a proposed ordinance changes the list ofuses within a zoning category, Florida Statutes Section 125.66 requires that the Board hold two advertised public hearings, with at least one hearing held after 5 p.m. on a weekday, unless the Board, by a majority plus one vote, elects to conduct that hearing at another time of day. On April 7, 2020, the County opened the first of the two required advertised public hearings. In light of the ongoing COVID-19 pandemic, the BCC immediately adopted a motion to continue the Public Hearing on July 14th, 2020 (Attachment 4). On July 14, 2020, in light of continuing pandemic concerns, the BCC again adopted a motion to continue the Public Hearing to October 6, 2020 (Attachment 5). ANALYSIS Of the four alternative LDR amendments previously considered by the Board, the now -proposed ordinance most closely reflects the Simmons/Campbell proposal, which calls for the elimination of off-site landscaping services as a component of nurseries and greenhouses in agricultural zoning districts. A distinction between the now -proposed ordinance and the Simmons/Campbell proposal, however, is that the proposed ordinance more specifically prohibits commercial or residential lawn care services, while allowing landscaping services (not including lawn care) ancillary to bona fide wholesale nurseries and greenhouses to continue as protected under the Florida Right to Farm Act (F.S. Section 823.14; see Attachment 3). The Hendrix proposal and staff's "1 sl Alternative" and "2nd Alternative" proposals, previously considered by the Board, the AAC, and PZC, contain criteria (e.g., buffering, minimum parcel size, setbacks) that are not included in the current proposed ordinance. Notwithstanding, a main concern expressed at previous meetings is that lawn care, in particular, is not an agricultural activity, either as a principal use or as accessory to a bona fide farm operation. The now -proposed ordinance eliminates lawn care, either as a principal use or as an accessory use to agricultural operations in agricultural zoning districts.[Note: although not explicit in the proposed amendment, lawn care authorized under a valid home occupation permit, incidental to a residence and limited as such, would be not be prohibited under the proposal.] Grandfathering of Existing Legally Conforming Landscaping Services Uses As staff reported to the Board at the March 3, 2020 hearing, it is important to note that any LDR amendment would affect landscaping businesses with lawn care components "going forward" and would not eliminate existing off-site landscaping business in compliance with county regulations at the time of establishment. Such businesses (or certain aspects of the businesses) would become "legal nonconformities" as 'regulated under County LDR Chapter 904 (Nonconformities) and would be allowed to continue as "grandfathered" uses (but with certain limitations on expansion or increase in the nonconformity, with potential loss of grandfather status if discontinued for more than one year, as set forth in LDR Chapter 904). RECOMMENDATION It is anticipated that the County will acquire greater telecommunications capabilities in the near future that will enable more robust public participation at Commission public hearings through electronic means. Therefore, staff recommends that the Board of County Commissioners: . 138 C:\Users\legistar\AppData\Local\Temp\BCL Technolo es\eas PDF 8\ BC E80EF54B\ BCL E80EF54B.doc 2