HomeMy WebLinkAbout2011 08 22 Public Hearings 502 Ordinance 2011-08 Home Occupations & Home Office
CITY COMMISSION AGENDA
ITEM 502
Consent
Information
Public HearingX
Regular
August 22, 2011
Meeting
REQUEST:
The Community Development Department –Planning Division requests that the City
Commissionpostpone for 30 days and preservethe original advertising, the public hearing and
recommendation for first reading ofOrdinance 2011-08, which revises the regulatory language for
home occupations and home officesin the City’s Code of Ordinances, to allow staff additional time to
meet with concerned citizens in regards to the content of this Ordinance. (First reading of this
Ordinance was previously continued from the July 25, 2011 City Commission Meeting to August 22,
2011.)
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SYNOPSIS:
At the July 25, 2011 City Commission meeting, several residents voiced concerns about
the proposed changes represented in the subject ordinanceas related to home-based businesses. At that
meeting, the City Commission postponed the item to a date certain (August 22, 2011) in order to give
staff time to meet those concerned and consider their requests.Because of out-of-town travel by some
concerned citizens and other scheduling conflicts, staff is still in the process of finalizing these
meetings to discuss the proposed code changes represented by Ordinance 2011-08 and thus requests
that the City Commission postpone this item until the September 26, 2011 Regular City Commission
meeting.
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 foradoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15Ordinances in General.
August 22, 2011
City Commission, Item 502
23
Page of
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
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 ofimmediate 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-basedbusinesses 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 City Commission,City
Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City’s
August 22, 2011
City Commission, Item 502
33
Page of
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:
On July 25, 2011,the City Commission postponed first reading of Ordinance 2011-08 until August 22,
2011 to preserve advertising and to allow staff time to address citizen commentary with respect to the
ordinance.At this time, staff is continuing to work with citizens with respect to the proposed
ordinance.Therefore, staff recommends that the City Commission postpone first reading of this
ordinance to the September 26, 2011 City Commission meeting.
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
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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.