LANDSCAPE SERVICE USE DISCUSSION

Transcription

1 LANDSCAPE SERVICE USE DISCUSSION Board of County Commissioners January 25, 2018 Zoning Division

2 What is a Landscape Service Use? Definition: An establishment engaged in the provision of landscape maintenance or installation services, such as lawn mowing, tree, shrub or hedge trimming, leaf blowing, landscape design and landscape installation. Currently classified as a Commercial Use (see also Contractors Storage Yard, Industrial Use). Inter-relation with Nursery Uses. In some instances, the installation of landscape material by the farmer who raised the plants/trees, may be Agriculturally Classified (e.g. Right to Farm). Existing provisions allow for Landscape Service as an Accessory Use Subject to Development Review Officer Approval.

3 What is the Issue? Use of property for Landscape Services in Agricultural or Residential Zoning Districts, or Preservation Areas, without Required Development Approvals or Permits. Code Enforcement Complaints: To date there are approximately 16 businesses on 39 parcels that have been issues a Notice of Violation (NOV), with an additional 6 under review, Nursery Industry: Multiple operations are collocated with Wholesale Nursery operations. Contractor Storage Yards: Does not include Contractor Storage Yards, including Landscape Service operations or storage areas not located on a Nursery. Preservation Areas: Conservation Easement requirements preclude non-residential uses.

4 Who Are the Interested Parties Landscape Industry Including, nursery operators who rely on Landscape Service industry to sustain farming activities. Developers Primarily homebuilders in Agricultural Reserve Environmentalists. Residents. Including: o Residents and HOA s who rely on Landscape Service industry. o Residents adversely impacted by traffic and/or other nuisances associated with operations located within residential communities.

5 Where is the Issue? Agricultural Reserve (AGR) Agricultural Residential (AR) Zoning district Rural Tier Undeveloped Areas of the Urban/Suburban Tier Other Residential Districts

6 AGRICULTURAL RESIDENTIAL (AR) DISTRICT IN RURAL SERVICE AREA GENERALLY LOCATED WITHIN EXURBAN AND RURAL TIERS

7 AGRICULTURAL RESERVE (AGR) TIER

8 CODE ENFORCEMENT NOTICE OF VIOLATIONS

9 2017 Public Outreach News Release Webpage Interested Party Contact List Public Meeting on General Business Comments March 29, 2017 Land Development Regulation Advisory Board (LDRAB) Subcommittee Meetings: April 10, 2017 May 30, 2017 November 7, 2017

10 Overview of Key Districts 1957 Agricultural (A-1) District A Zoning Ord. Re-adopted A-1 Revised to AG (General Agriculture) AG AG revised to AP (Agricultural Preservation) Agricultural Residential (AR) Established AP AR Ag. Preservation revised to Ag. Production Agricultural Reserve (AGR) District Established Unified Land Development Code (ULDC) Adopted Agricultural Reserve Rezoning AGR 2003 ULDC Ord. Re-adopted AP AR AGR

11 Highlights of Use Regulation History Landscape Service Codes Contractor s Storage and Equipment Yards Typically limited to Commercial and Industrial Districts 1990 [Ord ] Established New Uses Landscape Installation Services and Lawn Maintenance Services Allowed within the AR District subject to Special Exception and LocationLocated on an arterial only Unified Land Development Code Consolidated Landscape Uses

12 Highlights of Use Regulation History Landscape Service 1998 [Ord ] Concurrent with AGR Rezoning AGR Use Limitation: shall be permitted only in conjunction with a nursery. Subject to DRO Approval 1999 [Ord ] Accessory Use Limitation Expanded to Allow in AR District Reiterated Subject to DRO Approval requirement 2017 Use Regulations Project (Postponed January 5, 2017: Revisions to Home Occupation Exception Additional Accessory Use Requirements

13 District Where is Landscape Service Allowed Today as a Principal Use? A G R A R / R S A * A R C C C G I L I G PUD MUPD MXP D C O M C H I N D E D C C H I N D / L PIPD Approval Process - A - B B P P A A P D A P P P A Class A Conditional Use (Subject to BCC Approval) B Class B Conditional Use (Subject to Zoning Commission Approval) D Subject to DRO Approval P Permitted by Right - Prohibited use, unless stated otherwise within Supplementary Use Standards * A landscape service as a principal use shall be located on a collector or arterial street on a minimum of three acres. Landscape service with storage of yard waste shall front on a collector or arterial street C O M I N D / G

14 Where is Landscape Service Allowed Today Accessory Use? May be allowed as an accessory use to a Retail or Wholesale Nursery on a minimum of three acres. Subject to Site Plan approval by the Development Review Officer (DRO)

15 Clarification of Principal & Accessory Uses Art 1.I.2.U.20: Principal Use - the primary and major purpose for which land or building is used as allowed by the applicable zoning district. Art 1.I.2.U.19: Accessory Use - a permitted use that is customarily associated with the principal use and clearly incidental to the principal use and is subordinate in area, extent, or purpose to and serves only the principal use.

16 LDRAB Landscape Service Subcommittee: Key Points Discussed Applicability of Right to Farm Agricultural Classification Sustainability of Nursery Industry in PBC Proximity to Nurseries/Reduced Traffic Landscape Service operations existing prior to residential development in vicinity Need to obtain Development Approvals Feasibility of Accessory Use provisions Issues with Development Requirements Consensus Issues Do NOT Include Contractor Storage Yards Limitations on Home Occupation Based Uses in U/S Tier Staff not in support of any changes to current prohibition of nonresidential uses within Preservation Areas.

17 Typical Example: Nursery to Contractor Storage Yard

18 Typical Example: Nursery to Contractor Storage Yard

19 LDRAB Landscape Service Subcommittee: November 7, Recommendation Voted 4-0 to recommend that the ULDC be amended to increase the provision allowing a Landscape Service operation as an accessory use to a Nursery, from 30% to 45%, with consideration to eliminating the current accessory use financial limitation.

20 Typical Example

21 Typical Example: 30% Accessory Use

22 Typical Example: 45% Accessory Use (additional 15%)

23 Typical Example

24 Typical Example: 30% Accessory Use

25 Typical Example: 45% Accessory Use (additional 15%)

26 Options for Consideration 1. Make no change to existing stand-alone or accessory use regulations and/or proceed with previously recommended amendments. 2. Direct staff to develop regulations that implement the LDRAB Subcommittee recommendation (Nursery as Principal Use a minimum of 55% of developed area, with Accessory Landscape Service up to a maximum of 45% of developed area) 3. Consider allowing additional Industrial development within the Agricultural Reserve Tier in appropriate locations to support Landscape Service use.

27 LANDSCAPE SERVICE USE DISCUSSION QUESTIONS? Board of County Commissioners January 25, 2018 Zoning Division