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10/06/2020
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10/06/2020
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12/7/2020 10:48:01 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/06/2020
Meeting Body
Board of County Commissioners
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following the active code case (at that time) against Caribbean for establishing the accessory landscaping <br />services business ahead of establishing a wholesale nursery on the site. Both expressed concerns about traffic, <br />effects on neighborhood character and property values, and the precedent for future similar situations on other <br />agriculturally zoned properties. <br />At the March 5, 2019 BCC meeting, Board members acknowledged Right to Farm Act protections and the <br />code enforcement process but also expressed concern that, under current procedures and code interpretation, a <br />landscaping services business could "game the system" by minimally establishing a wholesale nursery in order <br />to have an out -of -scale commercial business in an agricultural area. Ultimately, the Board acknowledged that <br />the code enforcement case would proceed on its own track, and by consensus directed staff to research possible <br />modifications to the .land development regulations (LDRs) to balance the needs of agriculture and commercial <br />business in agricultural areas with respect to landscaping services operations (see BCC 3/5/19 minutes, <br />Attachment 3). <br />Staff ("1St Alternative") LDR Amendment <br />On June 18, 2019, staff went back to the BCC with a proposed LDR amendment that would further define <br />accessory off-site landscaping services and allow but limit the use subject to certain criteria (see staff report <br />and draft ordinance, Attachment 4). Under the proposed amendment, an allowed accessory landscaping <br />services use would: <br />1. Include installation and mowing/trimming maintenance services involving a broad range of landscape <br />material, including grass (lawns), consistent with the code's existing Chapter 901 definition of <br />"landscaping." <br />2. Not include pest control services. <br />3. Not include (and consequently, would not further regulate) services authorized and conducted in <br />compliance with a home occupation permit. <br />4. Be associated with a legally established nursery. <br />5. Be located on an agriculturally zoned. site of at least 400,000 sq. ft.. (9.183 acres). <br />6. Be set back (total parking/driveway/building area) at least 50 ft. from property lines. <br />7. Be limited (total parking/driveway/building area) to no more than 50% of the nursery area located on <br />site (total area under cultivation including outdoor cultivation,green houses, grow houses, shade <br />houses, and similar structures). <br />8. Be visually screened (parking area) from adjacent properties and streets. <br />9. Not include or allow for burning, mulching, or dumping off-site debris on the nursery/ landscaping <br />services site. <br />At the June 18, 2019 BCC meeting, after discussion and input from staff and from members of the <br />public, the BCC voted to direct the County's Agriculture Advisory Committee (AAC) to review staff's <br />proposed draft ordinance, including all agricultural land conflicts and uses, and to offer its <br />recommendations on the issue (see BCC 6/18/19 minutes, Attachment 5). The AAC has since considered the <br />matter and has made recommendations (as later explained in this memorandum). <br />141 <br />
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