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INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phil Matson, AICP Community Development Director FROM: Roland M. DeBlois, AICP Planning Director DATE: February 20, 2020 SUBJECT: Consideration of Alternative Land Development Regulation (LDR) Amendment Proposals to Define, Regulate and Establish Criteria for Off-site Accessory Landscaping Services in Agricultural Zoning Districts It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 3, 2020. BACKGROUND In April 2018, Brian and Kelley Stolze, owners of Caribbean Lawn and Landscaping, Inc. ("Caribbean"), submitted a "Verification of Exemption Affidavit" to the County Building Division to construct a nonresidential agricultural building at 7120 3711' Street. The +10 acre subject property, owned by Caribbean, is zoned A-1, Agriculture District (up to 1 unit per 5 acres). The exemption affidavit is a form that Building staff requests applicants to fill out when claiming an agricultural exemption from needing a building permit. In the affidavit, the Stolzes described a proposed +8,000 square foot agricultural building as being for agricultural equipment storage and agricultural office space. As described in an attachment to the affidavit, the overall property was to be used as a nursery operation, with a container nursery; pesticide storage building; pole barn; mechanical shop; shade house; production beds; recycling pond; and office space (see affidavit, Attachment 1). The Stolzes also provided staff with a site plan sketch (Attachment 2). Ultimately, staff accepted the affidavit, under the premise that the building met the agricultural exemption criteria as accessory to a principal tree farm/nursery use being established on the property. In December 2018, code enforcement staff received a complaint that the Stolzes had completed construction of the +8,000 square foot agricultural building and were operating a commercial off-site lawn and landscaping business from the property, without there being a principal tree farm/nursery established on the site. Consequently, staff cited the Stolzes/Caribbean for operating an accessory landscaping service without an on- site principal agricultural use (i.e., tree farm/nursery). ote: the Stolzes eventually planted an on-site tree farm/nursery with an aerial extent greater than the area of the building and associated parking, and the code enforcement case was closed as of August 26, 2019.] On March 5, 2019, the Board of County Commissioners (BCC) heard a request to speak from Spencer Simmons.and Tim Campbell, who expressed concerns about Caribbean's operation. Mr. Simmons and Mr. Campbell, who each live on the segment of 371 Street where the business is located, indicated that they were 140