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(b) Is subordinate in purpose, area, and extent to the principal use served; and (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use." Under this definition, an accessory use is "subordinate in purpose, area and extent to the principal use..." Staff interprets this as requiring an accessory use to have an areal coverage "subordinate" to the principal use, which by definition must be less coverage (i.e., less than 50/50) in comparison to the principal use coverage. To address concerns that that ratio (up to/less than 50/50) is not an appropriate scale for an accessory landscaping service, staff drafted its alternative amendment to require that total parking/driveway/building area associated with the accessory landscaping services use be limited to less than 50% of the nursery site under cultivation. (Example: if 6 acres of a 10 -acre nursery site is under cultivation, the accessory landscaping services component could not exceed/must be less than 3 acres in areal coverage). Administrative Permit Use vs. Permitted Use As previously explained in this report, staff's proposed alternative ("2nd Alternative") amendment would make off-site accessory landscaping services in agricultural zoning districts an Administrative Permit use, subject to site plan approval with conditions as set forth in the proposed amendment. Per the AAC's recommendation, the Administrative Permit use would be subject to PZC approval (not just staff -level approval). Grandfathering of Existing Legally Conforming Landscaping Services Uses In considering the proposed LDR amendment alternatives relating to off-site accessory landscaping services in agricultural zoning districts, it is important to note that any LDR amendment would affect landscaping businesses "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). Also, by eliminating uses currently allowed or by changing the use classification, the County must take into consideration the protection of private property rights and potential loss of real property value without compensation, as protected under state law (i.e., under the Bert J. Harris, Jr., Private Property Rights Protection Act, F.S. 70.001). RECOMMENDATION Staff recommends that the Board of County Commissioners adopt staffs proposed alternative (2nd Alternative") LDR amendment, requiring that off --site accessory landscaping services in agricultural zoning districts be subject to certain criteria specified in the amendment and be subject to PZC approval as an Administrative Permit use, as recommended by the AAC and the PZC. ATTACHMENTS 1. Stolze/Caribbean Lawn and Landscaping Exemption Affidavit 2. Stolze/Caribbean site plan sketch 3. BCC 3/5/19 meeting minutes 4. Staff report for BCC 6/18/19 meeting (including attachments) 5. BCC 6/18/19 meeting minutes 6. Hendrix proposed LDR amendment (including attorney opinion letter) 145