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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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• State pre-emptions and protections of agricultural uses; <br />• Current County regulation of landscaping services; <br />• Regulation of landscaping services in agricultural districts in other counties; and <br />• Existing landscaping services in Indian River County agricultural areas. <br />For reasons explained in that staff report, staff drafted its proposed (1St Alternative") LDR amendment <br />(presented to the BCC on June 18, 2019) to continue the allowance of accessory landscaping businesses in <br />agricultural zoning districts, but with conditions and clarifications tied to a carefully defined term of "off-site <br />accessory landscaping services." Under staff's "1St Alternative" approach, such a use would not be subject to <br />the special exception public hearings process (the Hendrix amendment proposal) or eliminated completely in <br />agricultural areas (the Simmons/Campbell amendment proposal), but would be allowed albeit with limitations <br />to address off-site compatibility issues. The AAC supported staff alternative (2nd Alternative") LDR <br />amendment contains criteria similar to the June 18 staff "I" Alternative" amendment, but would make <br />the use subject to site plan review and PCZ approval as an Administrative Permit use. <br />In drafting the proposed staff "2nd Alternative" LDR amendment (supported by the AAC), staff considered <br />issues that the AAC directed staff to review. Following is a summary of staff s analysis of those issues. <br />50 Foot Setback for Driveways <br />At the October 30, 2019 AAC meeting, it was pointed out that certain agriculturally zoned parcels with a "flag <br />lot" configuration could not meet a 50 -foot setback requirement for a driveway. That is because on flag lots, <br />the "flag pole' portion of the lot is standardly 60 feet wide for driveway access, which does not allow for a 50 <br />foot driveway setback from a side property line. <br />In reviewing this matter, staff found that flag lot configurations are most commonly associated with 5 -acre <br />parcels in the A-1 (1 unit per 5 acres) agricultural district. Since staff's proposed amendment would only allow <br />off-site accessory landscaping services on 400,000 square foot (9.18 acre) or larger parcels, the potential for <br />conflict of a 50 -foot driveway setback requirement on a flag lot (common to 5 -acre parcels) is minimal. <br />Given that flag lots over 5 acres are not common, and the daily coming and going of landscaping services <br />vehicles on a driveways closer than 50 feet to a property line is a potential nuisance to an adjacent property, a <br />50 -foot setback is justified and should be a requirement, and as such is included in staff's alternative <br />amendment proposal. <br />Incidental Pesticide Use vs. Stand -Alone Pesticide Business <br />To address the issue of distinguishing pesticide use incidental to a bona.fide nursery operation from a stand- <br />alone off-site pesticide business, staff modified the proposed definition of "off-site accessory landscaping <br />services" to indicate that such services do not include stand-alone pest control services (see Attachment 9). <br />Similarly, staff also revised the off-site landscaping services definition to specify that stand-alone lawn mowing <br />services are not included as well. <br />Appropriateness of 50% Areal Coverage Threshold (Accessory Use vs. Principal Use) <br />At the October 30 AAC meeting, concerned was expressed that an up to 50% areal coverage for an accessory <br />use (i.e., for an off-site accessory landscaping service) is questionable as an appropriate scale for such a use. In <br />reviewing this issue, staff notes that the current definition of accessory use in the County Code is as follows: <br />`Accessory use a use which: <br />(a) Is clearly incidental to, customarily found in association with, and serves a principal use; <br />144 <br />
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