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Home My WebLink About2011 07 25 Public Hearings 501 Ordinance 2011-08 Home Occupations and Home Office CITY COMMISSION AGENDA ITEM 501 Consent Information Public HearingX Regular July 25, 2011 Meeting REQUEST: The Community Development Department –Planning Division requests that the City Commissionhold a public hearing for first reading ofOrdinance 2011-08, which revises the regulatory language forhome occupations and home offices,in the City’s Code of Ordinances. _______________________________________________________________________________________________________________________________________________________________________________________________________ ______________________________________ SYNOPSIS: Currently, the only regulating language related to home occupations is located in the definition section of the zoning chapter (Section 20-1). This ordinance simplifies the definition in section 20-1 and adds a new section of regulatory text (Section 20-452) as well as specifically allowing home occupations as a permitted use in all residential zoning districts. Changes are primarily proposed to Chapter 20, with one minor change, in Chapter 9. The ordinance is not to be construed as reclassifying any business, profession or occupation or as revising the rate structure for business taxes as established under Ordinance 674, adopted August 25, 1997. CONSIDERATIONS: APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statute163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15Ordinances in General. Winter Springs Code of Ordinances, Chapter 20, Zoning Euclid v. Amber Realty Co., 272 U.S. 365 (1926) (upholding the constitutionalityof the principles of zoning). City of Winter Springs Comprehensive Plan FINDINGS This ordinance revises regulatory language related to home occupations and home offices in the City of Winter Springs. The proposed change to the definition of "home occupation or home office" is followed by a new section of text in the Supplemental District Regulations of the chapter. Even though the language in the new section of text is entirely new, it draws upon the existing language found in the definition section July 25, 2011 City Commission, Item 501 23 Page of The new regulations revise and expand the existing language currently included within the definition section (section 20-1), as follows: Broader Language: 1) Location-allowed not only in the home but also may be allowed in an accessory building 2) Area-from 20% to 30% of the conditioned area of the residence for home occupation use 3) Product & Type-restriction removed requiring goods to be made on site. 4) Employees-Does not restrict the number of immediate family members participating, as long as they reside on site. 5) Approval process-Location no longer subject to planning and zoning board approval. Research indicates that the last P&Z action regarding a home occupations was in 1995. More Restrictive Language: 1) Product & Type-Specific list of non-allowable uses has been expanded. 2) Signage-reduced from 2SF to 1 SF 3) Equipment-broadened the restriction from mechanical equipment to any equipment not associated with home use 4) Hazardous Materials-not previously mentioned, now specifically prohibited 5) Objectionable noise, fumes, odor, dust, or electronic interference-not previously mentioned, now specifically prohibited 6) City occupational licenses and business taxes-reiterated for clarity that the home occupation is subject to these requirements FISCAL IMPACT: While there is no immediately measurable fiscal impact associated with this ordinance, the intent is to create a more predictable and defined framework within which home-based businesses can be fostered and become viable within the residential portions of the City without becoming a potential nuisance to the neighborhood. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And CityCommission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City’s Website, LaserFiche, And The City’s Server.Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City.This Agenda Item Is Also Available To Any New Individual Requestors.City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. STAFF RECOMMENDATION: Staffand the Planning & Zoning Board recommendapproval of the first reading of Ordinance 2011- 08,and moving said ordinance forward to second reading. July 25, 2011 City Commission, Item 501 33 Page of ATTACHMENTS : A.Ordinance 2011-08 B.Advertisements -Orlando Sentinel, Thursday, June 23, 2011 and Thursday July 14, 2011 C. Minutes, Planning & Zoning Board, July 6, 2011 ûèèûùôï÷îèû ûèèûùôï÷îèú ûÈÈÛÙÔÏ×ÎÈù CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JULY 6, 2011 PAGE 2 OF 6 VOTE: BOARD MEMBER PHILLIPS: AYE VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS 400. No Reports. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Planning Division Requests That The Planning And Zoning Board Hold A Public Hearing And Make A Recommendation Of Adoption For Ordinance 2011-08, Which Revises The Code Of Ordinances. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and Code (of Ordinances) that we are proposing as well as a rewrite of the definition. Currently, home occupations are listed in the definition Section of 20-1. This Ordinance which is 2011-08 will revise that definition and make it more of a definition than a regulatory description with the regulatory language added to a different Section of Discussion. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JULY 6, 2011 PAGE 3 OF 6 Sec. 20-142. Uses permitted. Chairman subparagraph (2) last line -fourths of an acre upon replaced because they ar t should have been already fixed Kim (Attorney Kopp) if you could check that and see language that was extracted from the codified version was older language and did not include that update that we did. Good point Discussion. Chairman Poe No one spoke. ortion of this Agenda Item. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION AND THE PLANNING AND ZONING BOARD AFTER THIS PUBLIC HEARING RECOMMENDS THE ADOPTION FOR ORDINANCE 2011-08 WHICH REVISES THE REGULATORY LANGUAGE FOR HOME OCCUPATIONS AND HOME OFFICES IN THE CITY KARR. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED.