10/06/2020 - Laserfiche WebLink

Home Browse Search

In addition to reviewing staff's recommended ordinance amendment, the AAC also reviewed two related LDR amendment applications to change regulation of accessory off-site landscaping services (the "Hendrix proposed LDR amendment" and the "Simmons/Campbell proposed LDR amendment"), as hereinafter described. Hendrix Proposed LDR Amendment Notwithstanding staff's proposed LDR amendment, in June 2019, Ken and Pamela Hendrix of 62201 st Street SW submitted an LDR amendment application to change the County's accessory off -.site landscaping services regulations for such uses in agricultural zoning districts (see Attachment 6). Mr. and Mrs. Hendrix reside (in the A-1 agricultural zoning district) next to Tropical Property Management, an off-site accessory landscaping services business at 6300 1 I Street SW, and have expressed concerns to county staff as to the compatibility of the use nearby to rural residences. Under the Hendrix proposed LDR amendment, off-site landscaping services would become a "special exception" use. Per County Code Section 971.05(2), special exception uses "are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district." As such, special exception uses are not "a given," and are subject to a public hearing process before the PZC and BCC, with public notice of the hearings mailed to all property owners within 300 feet of the proposed use. Uses classified as special exceptions are subject to specific land use criteria contained in LDR Chapter 971. Under the Hendrix proposed LDR amendment, three criteria are proposed for off-site landscaping services: 1. Indoor facilities shall maintain a 50 foot setback from adjacent properties and 500 feet from the nearest residence, with outdoor improvements (parking, storage, roads, paths, and travel -ways a minimum of 50 feet from adjacent properties; conditions may be imposed to mitigate or attenuate noise impacts. 2. No on-site or off-site landscaping service facilities shall be located on an agriculturally zoned site that abuts a property on which a residence is located, other than a residence on the subject property, on an agriculturally designated property having a parcel size less than 400,000 square feet. 3. Off-site and on-site landscaping employees and personnel shall be supervised by management staff when on site and while entering and leaving the premises. In January 2020, Mr. Hendrix submitted an email and legal opinion letter from his attorney, Brian Stephens of Dean Mead, concerning the neighboring business (Tropical Property Management) and the County's ability and prerogative to regulate the business (see Attachment 6). In the legal opinion letter, Mr. Hendrix's attorney contends that the neighboring landscaping services business is not a bona fide farming operation and is not exempt from County regulation under the Florida Right to Farm Act (FRFA). Simmons/Campbell Proposed LDR Amendment In addition to staff's proposed LDR amendment and the Hendrix proposed amendment, in August 2019, Mr. Simmons and Mr. Campbell submitted an LDR amendment application relating to accessory off-site landscaping service businesses in agricultural zoning districts. Under the Simmons/Campbell proposed LDR amendment, the allowance of off-site accessory landscaping services under County Code Section 911.06(4)(d) would be eliminated, for reasons explained in the application (see Attachment 7). 142