Item Coversheet



BOCC AGENDA ITEM


Item Title:LDC20-001 Food Production in OR
Date:2/24/2020
Department:Planning & Economic Opportunity
Background:

This proposed amendment to the Land Development Code would amend Article 22, Section 22.03 and Article 32 of the Land Development Code by adding as conditional uses: cottage food production to home occupations and manufacturing of prepared food products in a state-licensed commercial facility.

Open Rural zoning does not currently allow as a permitted or conditional use, the manufacturing or production of food products such as coffee, jams/jellies, honey, baked goods, etc. Staff has worked with property owners manufacturing these products under Florida laws regarding “cottage food production” as home occupations, which is a conditional use in Open Rural. Cottage food law in Florida allows for small scale production in unlicensed home kitchens. However, this does not address people interested in manufacturing these goods outside of a “cottage” food level in a state-licensed commercial kitchen. Local food production has seen a resurgence in recent years and allowing such use would be in keeping with practices to encourage local food production and local business.

Allowing for clarity around cottage food production for home occupations, and manufacturing of prepared foods, provides more opportunity for food production in the Open Rural district, uses that are in character with the agricultural and food production nature of the district. Cottage food laws are subject to Florida Statute 500.80. Home occupations already require a conditional use under Open Rural zoning; the proposed change would just clarify that they can include cottage food production.

Staff recommends that manufacturing of prepared foods also be a conditional use in order to provide the County the chance to address each proposal individually. Prepared foods are recommended to be defined in Article 32 as foods that do not require temperature control such as baked goods, candies, coffee, tea, cereal, etc. This would eliminate any cooked or fried product. Staff also recommends that manufacturing of prepared foods be conducted in a state or federally-licensed commercial facility, whichever may apply depending on the type of prepared food and scale of operation. Currently licensing would be handled by the Florida Department of Agriculture and Consumer Facilities, and the United States Department of Agriculture if applicable.

Request:

Consideration of  LDC20-001, an Ordinance amending Article 22 of the Land Development Code, Open Rural (OR), allowing for Cottage Food Production as a Home Occupation and Manufacturing of Prepared Food Products in a State-Licensed Commercial Facility as Conditional Uses In The Open Rural (OR) District; Amending Article 32 of the Land Development Code, Definitions, Adding a Definition For “Prepared Food Products”; providing for findings; providing for severability; and providing an effective date.

Financial/Economic Impact to Future Years Budgeting Process or Effect on Citizens:
Action Requested and Recommendation:

Consider LDC20-001, an Ordinance amending Article 22 of the Land Development Code, Open Rural (OR), Allowing For Cottage Food Production as a Home Occupation and Manufacturing of Prepared Food Products in a State-Licensed Commercial Facility as Conditional Uses In The Open Rural (OR) District; Amending Article 32 Of The Land Development Code, Definitions, Adding A Definition For “Prepared Food Products”.

Is this action consistent with the Nassau County Comprehensive Land Use Plan?
Yes
Funding Source:

Additional Information Needed for Contracts/Agreements (If Applicable)
Contract Number assigned by Contracts Management:
For non-governmental agencies, has the document been sent to the vendor for signature?
Does the document need to be recorded? If so, who will pay the recordation fee?
Are there any special mailing instructions? (Include contact name, address, deadline for submittal, how to mail such as express mail, FedEx, etc):
How many originals are needed?

ATTACHMENTS:
DescriptionUpload DateType
LDC20-001 Ordinance2/10/2020Ordinance
LDC20-001 Staff Report1/20/2020Backup Material