Agenda Package - 05-18-09 - Laserfiche WebLink

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023 Amendment 3 - Consideration of a text amendment to the Unified Development Ordinance (UDO) to revise standards for seasonal fresh produce stands as it relates to ETJ areas. Staff is working with representatives of Gross Farms regarding the placement of a fruit/produce stand proposed along NC Hwy 87, just south of the Shoppes of Sanford (Wal- Mart). The site is located within the City of Sanford's extraterritorial jurisdiction (ETJ) and is currently zoned R-20. The Gross family leases the property for farming and would like to set up a retail stand to sell their produce on a seasonal basis (see attached description from Gross Farms). In looking at options, the current UDO regulations do allow for "outdoor seasonal fresh produce stands", however, within the City's zoning these temporary uses are limited to only ten (10) consecutive days. By contrast, the same temporary use is allowed up to 120 consecutive days within Lee County's zoning jurisdiction. Staff recommended to amend the UDO to treat the municipalities' ETJ areas in the same manner as Lee County since these areas tend to be rural/agrarian. In reviewing this amendment, the Joint Planning Commission unanimously agreed to move forward with the change. Further, the JPC recommended that the time limit of 120 days as currently placed on outdoor seasonal produce sales in Lee County be eliminated so that such sales can be ongoing year-round. Draft lanQua2e for Amendment 3 (chairges are in bold) 5.34.2.3. Agri-tourism/seasonal sales. This category is intended to cover the spectrum of all temporary uses or events that are related to agricultural products, including but not limited to seasonal fresh produce stands, seasonal sales of holiday related product, and/or temporary events related to farms and/or farming operations. • Outdoor seasonal fresh produce stands (Lee County and ETJ areas). The outdoor sale of fresh agricultural produce (commonly known as a "produce stand") shall be permitted as a temporary use in all zoning districts within the zoning jurisdiction of Lee County and within the extraterritorial jurisdiction of Sanford and Broadway. There shall be no time limit for seasonal produce stands within the zoning jurisdiction of Lee County or the ETJ areas. • Outdoor seosonal fresh produce stands (City of Sanford). The outdoor sale of fresh agricultural produce (commonly known as a "produce stand") shall be permitted as a temporary use in all non-residential zoning districts within the municipal limits of the City of Sanford. Said produce stands shall be permitted up to ten consecutive days within one calendar year. • Outdoor seasonal fresh produce stands (Town of Broadway). The outdoor sale of fresh agricultural produce (commonly known as a "produce stand") shall be permitted as a temporary use in all non-residential zoning districts within the municipal limits of the Town of Broadway. Said produce stands shall be permitted up to 30 consecutive days within one calendar year. • Seasonal holiday sales. The outdoor sale of Christmas trees, pumpkins or other agricultural products customarily associated with a specific holiday shall be permitted as a temporary use in all non-residential zoning districts and in the RA District.