4/19/1999 - Laserfiche WebLink

Home Browse Search

FF, I BOOK 1@9 PAGE 14 uses include nursing homes, adult living facilities, total care facilities, and group homes. The proposed amendments codify into the LDRs the policy that prohibits new projects containing special needs residents within the CHHA. In this way, the amendment will implement the comprehensive plan policy. Staff Recommendation: Approve the proposed amendment PSAC Recommendation: Voted (6-1) to approve the proposed amendment PZC Recommendation: Voted (7-0) to approve the proposed amendment 11. Home Occupations Staff is proposing revisions to the County's home occupation requirements (LDR Section 912.05(6)) to address concerns raised at the February 25, 1999 Planning and Zoning Commission meeting appeal of Robert Davis, regarding his home-based lawn care business. The issue of appeal related to non-resident employees parking daily at Mr. Davis's premises under the home occupation. The proposed revisions clarify in "paragraph 5" that non-resident employees are not allowed to work, park their vehicles, or congregate at a home occupation premises under the conduct of the home occupation (see attachment amendment, paragraph 912.05(6)(D)5). Also, staff is proposing to delete use limitation paragraph 912.05(6)(D)7, which pertains to traffic and parking. Staffs viewpoint is that the traffic/parking section (paragraph 7) should be deleted since it raises more questions than it answers, and because traffic and parking issues are addressed in other LDR requirements, including the prohibition of non-resident employee parking now proposed in paragraph 5. A discussion ensued at the February 25th Planning and Zoning Commission meeting as to whether or not it is acceptable to allow some minor level of traffic and non-resident employee (or client) parking at a home occupation site. Staffs position is that the County should not allow any such traffic or parking under the conduct of a home occupation. Staff recognizes that "normal" traffic volume and parking at a single-family residence varies with the size of a family and the number of licensed -driver residents. Staff feels that the County should not compound that normal range of traffic/parking volume by allowing additional traffic generated by a home occupation via clients and/or non-resident employees. Any allowance of clients or non-resident employees coming to a residence would be difficult to enforce and could essentially open the door to office -like or commercial -like uses in all neighborhoods countywide. Such an allowance, if exploited, would conflict with the intent of the zoning ordinance to separate incompatible uses. The Planning and Zoning Commission voted to recommend that a limited number of non-resident employees (up to two) be allowed to park and meet at a home occupation premises, provided the actual conduct of the occupation occurred off -premises. In reviewing that recommendation, the Professional Services Advisory Committee (PSAC) voted to expand the allowance such that up to two vehicles of non-resident employees or clients could be parked at a residence associated with the conduct of a home occupation. The PSAC's recommendation would thus allow business clients, as well as non-resident employees, to visit a home occupation residence on a daily basis. Staff's position is that the current regulation, as it has been applied, has adequately balanced home occupation allowances with neighborhood public interest. Over the past four years, approximately 1,200 home occupation permits have been i§sued, and staff has processed approximately 50 code enforcement actions based on neighborhood complaints. Staff thinks that the LDR revisions should only clarify the current allowance and not expand the allowance. This approach would be consistent with the regulations of the City of Sebastian, which prohibits non-resident employees and clients from coming to a home occupation premises. The City of Vero beach prohibits visits from non- resident employees but does allow customer visits from 9:00am to 9:00pm. April 19,1999 12 0 is