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Home My WebLink About2021 12 13 Public Hearing 402 - First Reading Ordinance No. 2021-09 amending Section 20-452 of the City Code related to Home Occupations or Home Offices to comply with recent legislation adopted by the Florida legislature related to Home-Based Businesses • PUBLIC HEARINGS AGENDA ITEM 402 ,n m=ared CITY COMMISSION AGENDA I DECEMBER 13, 2021 REGULAR MEETING 1959 TITLE Approval on First Reading Ordinance 2021-09 amending Section 20-452 of the City Code related to Home Occupations or Home Offices to comply with recent legislation adopted by the Florida legislature related to Home-Based Businesses. SUMMARY Based on recent legislation adopted by the Florida Legislature during the 2021 session, it is warranted to provide amendments to the City Code regarding Home-Based Businesses by repealing and replacing Section 20-452 of the City Code and making other conforming amendments to the City Code to comply with the state preemption provided under Section 559.955, Florida Statutes. The proposed Ordinance requires several publicly noticed and advertised public hearings including one (1) hearing before the City's Land Planning Agency and two (2) hearings before the City Commission. The proposed Ordinance was advertised in the Orlando Sentinel on October 28, 2021 . The City's Land Planning Agency reviewed and unanimously recommended approval the Ordinance at the November 4, 2021 Planning and Zoning/Local Planning Agency meeting. The Second Reading of Ordinance 2021-09 is scheduled for January 10, 2022. RECOMMENDATION Staff recommends that the City Commission hold a Public Hearing and Approve First Reading of Ordinance 2021-09. 551 ORDINANCE NO. 2021-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 20-452 OF THE CITY CODE RELATED TO HOME OCCUPATIONS OR HOME OFFICES TO COMPLY WITH RECENT LEGISLATION ADOPTED BY THE FLORIDA LEGISLATURE RELATED TO HOME BASED BUSINESSES; MAKING CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, based on recent legislation adopted by the Florida Legislature during the 2021 session, it has been determined that it is warranted to provide amendments to the City Code regarding home-based businesses by repealing and replacing Section 20-452 of the City Code and making other conforming amendments to the City Code to comply with the state preemption provided under Section 559.955,Florida Statutes; and WHEREAS, pursuant to the Florida Community Planning Act and the City Code, the City's Planning & Zoning Board/Land Planning Agency has reviewed and recommended adoption of this Ordinance at a duly held public meeting; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs; and NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY,FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 20 - Zoning, Article V. — Supplemental District Regulations, Division 4 — Home Occupations or Home Office, Section 20-454 of the City Code is hereby amended as follows: (underlined type indicates additions to the City Code and Beet type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Division 4, Section 20-452. It is intended that the text in Division 4, Section 20-452 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): DIVISION 4. — REGULATION OF HOME BASED BUSINESSES OCC-1 P n TIONS O 140ME OFFICES. City of Winter Springs Ordinance No. 2021-09 Page 1 of 10 552 Sec. 20-452. Home Based Businesses . (a) Home based businesses shall be permitted from a residential property provided such businesses comply with the requirements set forth in Section 559.955, Florida Statutes and other applicable federal and state law. Such businesses shall also comply with any applicable provision of the City Code not otherwise preempted by law. n heme ,,,etip„t;„r OF heme offieo pr-evi,a a tt, t e d oil;pttr-stia „n, (5) There shall be ------- tar-age or- display eii �he pr-emises of mater-ial or- e"ipfnent. rtt„ Beet;„r 20 431 of seq. of the Goy G&de b. Anli l e shops; d. Atite seiviee and Fe fl. Baer-and eesmetelogy se-p.".*et� Bandmtisiest.-, et; f h. Beda-Rd bf:eakfastTCeilitiTs City of Winter Springs Ordinance No.2021-09 Page 2 of 10 553 Tl. f., ;1;t;o J o s; ; i�Es—t 2i�1E2� > eFtu o toll o L„ .,1 h !''.-,,,x. ;,,tet. t;P• x f.,F f o tl,a two (2)people;,,, F. Hospitals m4d ek*�c�, S. u„tols/„,„tols• Massage the W. Retail;1 eemmeFe .,1 epeF.,6. Z. T.,tte ,-1. Stat,d+es.. efigaged of tl,o pFemises of the he,,o x ,t; ) oF b,,,m o „��; o City of Winter Springs Ordinance No. 2021-09 Page 3 of 10 554 and post^ fifffA r ,,"et- (b) Pursuant to Section 559.955(d), the activities of the home-based business are required to be secondary to the property's use as a residential dwelling For purposes of this section, "secondary" means a use that is incidental and subordinate to the primary use and area of the property serving as a residential dwelling and does not alter the principal residential use of the property. (c) This section does not supersede or repeal: W Any current or future declaration or declaration of condominium adopted pursuant to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or declaration of covenant adopted pursuant to chapter 720. Any provision of the City Code related to transient public lodging establishments, as defined in section 509.013(4)(a) 1., Florida Statutes that are not otherwise preempted under chapter 509, Florida Statutes including, but not limited to regulations related to Quest (tourist) home, boarding house or lodging house or bed &breakfast inn. ire e*a^ct iiTttH'o of the hem or-home e ff (3) Ametmt of area, meastir-ed in s"ar-e feet, to be tAilized in een"eting the hem of:heme Section 3. Conforming Amendments. The City of Winter Springs Code of Ordinances, is hereby amended as set forth below (underlined type indicates additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance of the referenced Chapter, Article, Division, Section or Table that shall remain unchanged in the City Code): City of Winter Springs Ordinance No. 2021-09 Page 4 of 10 555 A. Sec. 10-93. —Local business tax receipts . B. Chapter 20 Zoning Conforming Amendments as follows: Sec. 20-1. —Definitions. Home Based Business or occupation o,-home offs A business permitted from a residential property in accordance and compliance with the requirements of section 559.955, Florida Statutes and to section 20-452 of this Code. ARTICLE III. -ESTABLISHMENT OF DISTRICTS DIVISION 2. -R-IAAA SINGLE-FAMILY DWELLING DISTRICTS Sec. 20-122. -Uses permitted. Within any R-lAAA Single-Family Dwelling District, no building, structure, land or water shall be used except for the following uses: (1) Single-family dwellings and their customary accessory uses_ (2) Home DIVISION 3. -R-CI SINGLE-FAMILY DWELLING DISTRICT Sec. 20-142. -Uses permitted. Within any R-C1 single-family dwelling districts, no building, structure, land or water shall be used except for the following uses: (1) Single-family dwellings and their customary accessory uses; and City of Winter Springs Ordinance No. 2021-09 Page 5 of 10 556 (2) Horses and ponies, allowing three-fourths of an acre per animal not to exceed ten (10) animals per lot; provided however, horses and ponies can be permitted on less than three-fourths of an acre upon recommendation by the board of adjustment;and_ DIVISION 4. -R-1AA AND R-IA ONE-FAMILY DWELLING DISTRICTS See. 20-162. -Uses permitted. Within any R-lAA and R-lA single-family dwelling district, no building, structure, land or water shall be used except for the following uses: (1) Single-family dwellings and their customary accessory uses_;and (2) ue ffie , „+: DIVISION 5. -R-1 ONE-FAMILY DWELLING DISTRICTS Sec. 20-182. -Uses permitted. Within any R-1 One-Family Dwelling District, no building or stricture, land or water shall be used except for one (1) or more of the following uses: (1) Any use permitted in R-lAA and R-lA Single-Family Dwelling Districts. (2)14eme DIVISION 9. -R-U RURAL URBAN DWELLING DISTRICTS Sec. 20-267. -Uses permitted. Within any R-U Rural Urban Dwelling District, no building, stricture, land or water shall be used except for one (1) or more of the following uses: (6) Reserved. 14eme r ie*s DIVISION 12. - TOWN CENTER DISTRICT CODE City of Winter Springs Ordinance No. 2021-09 Page 6of10 557 Sec. 20-320. Intent. (b) T3 (Suburban General character: Consists of the least dense residential areas with some mixed- Zone) use. Heme eeeupatie.As.;;Ad- Aaccessory dwelling units (ADU) are permitted. m Building placement: Medium to large front and side yard setbacks Frontage types: Porches, fences, common yards M ' w Typical building height: 1-story minimum, 3-story maximum* * See section 20-324(11)for additional details Sec. 20-322. —Definitions. T3 (suburban zone). This zone consists of the least dense residential areas, adjacent to higher density zones within the town center that include some mixed-use. Home ,,,.,."atieiis an-' A-accessory dwelling units (ADU) are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. This zone is intended to provide a transition to and incorporation with existing lower density residential areas that are adjacent to the town center district. Sec. 20-323. —Permitted uses. Tl T2 T3 T4 T5 C/P Reserved R R R City of Winter Springs Ordinance No. 2021-09 Page 7 of 10 558 See. 20-324. — General Provisions. The following general provisions apply to all street types. (5) Accessory structures. Accessory structures are permitted and may contain parking, accessory dwelling units, home occupation uses, storage space, and trash receptacles. 14effle—ewe uses afe Festfieted to ow-nef plus one (1) employee, shall not inelud- - .- - - -F disnaptive . Accessory structures shall not be greater than six hundred twenty-five (625) square feet in footprint and shall not exceed two (2) stories in height. Sec. 20-325. Transect Standards. (b) Transect zone design standards. T3 (Suburban Zone) (1) Description. This zone consists of the least dense residential areas, adjacent to higher density zones within the town center that include some mixed-use. Accessory dwelling units (ADU) are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. This zone is intended to provide a transition to and incorporation with existing lower density residential areas that are adjacent to the town center district. ARTICLE IV.—PLANNED UNIT DEVELOPMENTS. Sec. 20-353. - Standards for planned unit developments. (c) Permissible uses, density, and intensity. Permissible uses within the PUD shall be established within the development agreement consistent with the underlying future land use designation(s) identified on the future land use map of the comprehensive plan. There shall be at least two (2) different uses within a new PUD, and at least one (1) of the uses shall be a non-residential use. Nothing herein shall be construed to abrogate specific use restrictions set forth in this Code including the restrictions set forth in Chapter 20, Article V, Supplemental District Regulations. Heme oeeupa-fions shall be peftnitted within the PUD stibjeet to the pfovisions of Chaptef 20 and Schools and daycare centers shall be subject to conditional use permit requirements under the City Code. City of Winter Springs Ordinance No. 2021-09 Page 8of10 559 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2021. Kevin McCann,Mayor ATTEST: Christian Gowan, City Clerk City of Winter Springs Ordinance No. 2021-09 Page 9of10 560 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney Legal Ad: First Reading: Second Reading: City of Winter Springs Ordinance No. 2021-09 Page 10 of 10 561 0rland.5entinel I Sect1.112 I Th urs day,0cmber28,2021 3 Facebook tracked ignition of rage Trump post about protests appeared to fuel hate speech - ByAmandaSeitz CoLUNITUS,chi. vhereports41U ,fa—d A. - ralutt pasts on Faeb..k iii��✓ �'�'—�:' n sd . the igbtM-28,n ..htot Mav 23 last year, - fT then Prc,rdu,t -4= �- c�altp.li thatloot r Mmneapol„wouldbe — — shot. It had belt three day, et'Mn_—P.lu p.11" Otfiter Derek Chauvin kneeled the neck of G,.rg,Floydf.rn rcthav ,igbt n , until the e 4 yea old Black n n lost c s,showing n. J _. signs of life A iat.taken by a bystander had been zzd milliary.f tirucs - - - .Rrotestshadtaken - o�er Minnesota's largest ry and w.uld sono, .. thr.ugh.0 t aeras — - -- Anurrca ' i - £t°h.• Hilt it wasn't until of e Tvmpposted about Floyd's -'--' _"-- - -` _ v death that the reports.f vmlume and hate speech ased`Witty"-Face- bookacrossthec.unnyan Poipatrol a street May 28,2020,in St.Paul,Minnesota,as protests flared over G_,Fl.yd's death.JOHN MINCHILLC/ rnal,..pony analysis .fthc ea-president's s.cial uft,c illy that Trump'srand pr.tibiting limit,dm the hli...ap.lis to bas Aly'—fire,' b..k's rules mth,fume,. media post reveals. sage brake the tech rsnr frosharing it any region after Inydo death, Facebi ,,ply,, rm . w ,.f Hut Trump,.mimed to "These THUGS a .,pony's rules against furth_ thedotvmentereveal. the increase in hate speech se his Facebook account, dishonoring the memory of ncitingviolence. Faceb.ok's internal "However,atter Trump's andviolencerer inthe whichmore than 32 million G...g Te ydaiUI ftlet Y,t,the tech giant didn't discussions were'Th"' post on May 28,2i" 1—5m,nr.. F-110,,t.fi"wb,ssupport- thathapp,n,"Tmnrpwrote take.1y action—Trump's in disclosures orad,m dtc really escalated across th, Facebook says its in,pos- cis throughout much.fth, at 9:53 a.m.May 23 fromessage. Securities and Exchange tiny,"according to the Bible to separate how many cinderoihispresiden- hisTwitterandFacebook mOfiline,the next day, Commissiondpi „ published on Sone 5 of the hate speech reports tai teen. unL.'il,ry bf6 ILv d wid,pr.tests—s t.Congress i r,dacted .fh tWn, re driv..by Trump'sp.st Inthedayslcadvagupto _will assume c.-1 but, a ft which turned vi.lent— form by farmer Faccboak Th,internal analysis itsclfarthecrn,traversywcr ad�adlysi,gcin`Vaehmg- whenthclootingstatsth, golfed marry cities,big employee-,reed-whir- sh.ws afive-fold incrcuc Fl.yd's dcatl,. mn.nJai.S,Trun,pr,gu- shootingstartr!” and small. tleblower Frances Haugen's violence reports on Face- Yet,Facebook's own auto- lady promoted false claims The former president has "'When people look back legal counsel.The redacted book,while complaints of mated enforcementcontrols thatwidespreadvoterfraud ce be,nsusp,nd,dfr.n, atthcrole Fac,b..kplaycd, v,d by hat,speech tripled in the d,tr it dthe post likely usedhhn Il tt'V"bitc both Twitter-d Facebook. they won't say Faccboak C.ng,csswerc.btaivedbya hysfh11—ing Trump's post. didbrcaktb,rul,s. Haus,,spurring hundreds Leaked Facebook dot.- used it,butFacebook was ---i-ofn o,pni- Aep.rts.ffalse news-the "(Jnr violence and incite- ofhis fans to storm the U.S. cots provide afirst-hand i my them egaphone," �6t ,including The Asso- platform doubled.Reshape nit cl assifier was almost Capitol and demand the look A how Trump's social said Lanier Holt,a comma- dated Press. of Trump's message gene,s 90% certain that this sults of.t.n electionbe. ucdia pasts ignited mor, itin,pr.fess..at ohi. The Wall Street J.urnal axed a"subst 6A a. t (Trump)p.stvi.lated Fac,- wcrm,ed. anger in an already deeply State Univ,rsity.`I dm,'t pr,vi.usly r,p.rmd that of hateful and violent book's...policy"the.fun,5 It wasn't until af, the divided country that was think there's any way they Trump was one of many entr;'-y an alysisreads. Capitol riot,and as Trump evenmallylit".n fire"with an get out of saying that high-profile users,includ- Fa..b.okworkedtorem.ve. To curb the--president's w..on his way out of the reportsofhate speechddtcy cx bated the lima- ngpoliti,ma and e,Ib,i- Som,of those conuuents abicty,.s keha fa rear- WVhiteH.us,,thatFac,- violute,acM"th,plaifonn. tion" d,s,c ,,ptedm fi .—or ncluded calls to-start tions on its plat£.,„Fac,- bookpWhdbimofftheplat- Facebook'sownmc,—al, Social-di.rival Twit- all ofthe company'snormaI shooting these thugs"and book employees suggested Fonio in January,announcing automated controls,meant ter,meanwhile,respon did enforcement policies. "f---thewhite.” Iastyear thatthecompany his .--t olid be to catch posts that violate quickly at thetim byc.ver- Hate speech andvi.lence Py June 2,"we can see limit-h.-on similar uspended otid,at least ,l,s,prcdictcdwithA.,.st mg Trump's twc,t with a reports had b„n mostly r1ca1yt1 o thc,ntir,c.un- p.ststhntnrayvi.late Faa- 2023. NOTICE OF ZONING `+I OF CODE CHANGE PUBLIC HEARING LONGWOOD CITY OF WINTER SPRINGS Request for Qualification NOTICE IS HEREBY GIVEN THAT RFQ#10282021 THE PLANNING A ZONING BOARD/LOCAL PLANNING AGENCY AND CITY COMMISSION MOBILITY PLAN AND PRO POSE TO CONSIDER THE FOLLOWING: FEESTUDY ORDINANCE NO.202149 AN ORDINANCE OF THE CITY COMMISSION Scope of Services:The City of OF THE CITY OF WINTER SPRINGS,FLORIDA; AMENDIN G SECTION 20.452 OF THE CITY CBE Longwood is seeking professional RELATED HOME OCCUPATIONS OR HOME if OFFICES TD G Y sls Of COMPLY WITH REGENT LEGISLATION services or an anal ADOPTED BY THE FLORIDALEGISLATU RE existing transportation facilities RELATED TO HOME BASED BUSINESSES;MAKING CONFORMINGAM ENDMENTS TO THE CITY and associated services.The CODE;PROVIDING FOR THE REPEAL OF PRIOR analysis will assist the Cit INCONSISTENT ORDINANCES AND RESOLUTIONS; y y INCORPORATION INTO THE CODE;SEVERABILITY in identifying gaps,future AND AN EFFECTIVE DATE. challenges and SOIUtIOnS related PLANNING&20NING BOARD/LOCAL PLANNING AG ENCY to those existing conditions. PUBLIC HEARING WILL BE HELD ON TH URSDAY,NOVEMBER 4,2021 . Advertisement Date: AT 5,30 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT October 28,2021 IL i WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 Staying to the know IS easy. WINTER SPRINGS,FLORIDA Pre-Proposal Meeting: crry DOMMISSIo" November 17,2021 at Each vdeekday,you'll get the latest FIRST READING stories cirated IJ our editors on .our PUBLIC HEARING WILL BE HELD ON 1 Oam y )' MONDAY,DECEMBER 13,2021 AT 6:30 P.M.OR SOON THEREAFTER IN THE smart SpeakeY Or streaming SeYVIGe. COMMISSION CHAMBERS LOCATED AT Proposal Deadline: A./ailahle.on Amazon Echo,A le Music, WINTER SPRINGS CITY HALL December 16,2021 at PP 1126 EAST STATE ROAD 434 Google Homes,spotty and more. WINTER SPRINGS,FLORIDA 2:00 PM CITY COMMISSION Start now at PlayOurNews.com SECOND READING Ordering Instructions:This PUBLIC HEARING WILL BE HELD ON MONDAY,JANUARY 10,2022 solicitation package can be Orlando Sentinel AT 6:30 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT downloaded from WINTERSPRINGS CITYHALL www.demandstar.com 1125 EAST STATE ROAD 434 TIIE.MORNIINGCALL WINTER SPRINGS,FLORID THE CITY COMMISSION RESERVES THE RIGHT TO NOTE:ALL PROSPECTIVE DAILY-NEWS POSTPONE OR CONTINUE THE PUBLIC HEARING RESPONDENTS ARE HEREBY ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. CAUTIONED NOT TO CONTACT SdfiSentinel The proposed.rdinance may be oht,,,ed by interested Fames between 6 a. _nd 5 p.m.,M.rday through ANY MEMBER OF CITY STAFF 6,.dltlii Friday,from 1,t' fflce.f the City Clerk,located at 1125 E. sR 434,tinnier springs,Florida.Far mare inft,zt,,h,call OR OFFICIALS OTHER THAN THE 14071 327-1350#237.Persons with tisabirees,ding nSPECIFIED CONTACT PERSON. $Nd�111'a$OfiCi i assistance t.participate Ia .f these pr.ceedings should contact the Employe Relations Department Ton NArrITIORI BOC c.aminamr,4S h.urs in aavance.f the meeting at(1D7) Contact:GregKirby, 327-1300,#235.This is a public hearing. Interested y paint',are advised that th.y may appear at the meen,g Purchasing Manager Q.11IQlgl1�[CltlllllP and be heard with respect to the pr.p.sed.rdlnance.If y.,de.ide t.appeal any re..mmendau.n.r de eh purchasing@Iongwoodfl.org ]� Wade by the city c.mmissi.n witn respect t.any matter 'LI1C'Ulll gillL'lll^plt9t considered at this Ti.you will need t retard.f the pr—ed,hg and f.r suet;pnrp.e y.n may t—d t. Publish—Thursday, re that a terbafm .f record the rt—ed'gsma n 's de 562 'P.,w m.h the pp�J is ba ed. October 28,2021