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Home My WebLink About2016 01 25 Public Hearing 403 Ordinance 2016-05, First Reading, Cottage Food Operations COMMISSION AGENDA Informational Consent ITEM 403 Public Hearin s X g Regular January 25, 2016 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests that the City Commission consider Ordinance 2016-05, which proposes to add definitions to the City Code of Ordinances related to cottage food operations, and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. SYNOPSIS: The Planning Division has received several inquiries from citizens who have indicated their intention of operating a cottage food operation from their home as a home occupation. In consultation with the City Attorney's office, it was determined that cottage food operations are not considered a home occupation or home office pursuant to Section 20-451 (6)(m) as it states food processing and handling, commercial are not permitted as a home occupation. Cottage food operations are considered commercial operations. Ordinance 2016-OS proposes to add definitions to the City Code of Ordinances related to cottage food operations and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupations in the City. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: . Applicant name and address and authorized representative: City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708. . Property owner's name(s): Not applicable Public Hearings 403 PAGE 1 OF 4-January 25,2016 . Propertv addresses: Not applicable . Property Parcel ID numbers: Not applicable . Current FLUM Desi�nations: Not applicable . Current Zonin�Desi�nations: Not applicable . Previouslv A�roved Development permits such as conditional use, waiver, or variance if anx): Not applicable . Development A�reements (if any�: Not applicable . Pendin� Code Enforcement Actions (if any�: Not applicable . Citv Liens (if any�: Not applicable APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511-163.3246: (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. Florida Statute 500.80 Cottage Food Operations Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances, Chapter 20, Section 20-1 - Definitions, Section 20- 452 -Home Occupations or home offices DISCUS SION: In 2011, the Florida Legislature enacted House Bill 7209, which permits individuals to produce and sell non-potentially hazardous foods, of up to $15,000 in gross sales per year, in an unlicensed home kitchen without obtaining a food permit from the Florida Department of Agriculture and Consumer Services. Cottage food operators can sell these products within the state of Florida directly to consumers from their homes, farmers markets, flea markets or their own roadside stands. Cottage food operators are not allowed to distribute or wholesale their products, or sell via the internet or mail order and products cannot be sold across state lines. Cottage foods must be properly packaged and labeled and cannot be sampled for tasting. A cottage food operation must comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage and sale of cottage food products. Currently, the Home Occupations section of the Code of Ordinances does not permit an individual to operate a commercial food processing and handling operation from their home, regardless if it is considered a cottage food operation by the State of Florida Department of Agriculture. Ordinance 2016-06 proposes to add definitions to the City Code of Ordinances related to cottage food operations, and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. Ordinance 2016-06 specifically proposes the following: Public Hearings 403 PAGE 2 OF 4-January 25,2016 1. Adds the following definitions to Section 20-1 of the City Code of Ordinances: . Cottage food operations. "Cottage food operation" means a natural person who produces or packages cottage food products at his or her residence and sells such products in accordance with section 500.80, Florida Statutes. . Cottage food products. "Cottage food product" means food that is not a potentially hazardous food (as defined by rules of the Department of Agriculture and Consumer Services) which is sold by a cottage food operation in accordance with section 500.80, Florida Statutes. 2. Adds the following to Section 20-452, (6)(m) - Home occupations or home offices of the City Code of Ordinances: . The following uses shall not be considered a home occupation or home office: Food processing and handling, commercial (except that cotta�e food operations, as defined in section 20-1 of the City Code, may be considered a home occupation or home office . FISCAL IMPACT: There is no direct fiscal impact to the City associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, 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 applicable 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. This information has also 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on January 14, 2016. RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of first reading of Ordinance 2016-08, which proposes to add definitions to the City Code of Ordinances related to cottage food operations and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City, and move said Ordinance forward to second and final reading. ATTACHMENTS: A. Ordinance 2016-08 B. Florida Department of Agriculture and Consumer Services FAQ - Cottage Food Operations Public Hearings 403 PAGE 3 OF 4-January 25,2016 C. Florida Statute 500.80 - Cottage Food Operations D. Advertisement- Orlando Sentinel, January 14, 2016 E. Minutes - January 6, 2016 Planning& Zoning Board meeting Public Hearings 403 PAGE 4 OF 4-January 25,2016 Attachment " A " ORDINANCE NO. 2016-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; ADDING DEFINITIONS RELATED TO COTTAGE FOOD OPERATIONS AND PRODUCTS; AMENDING THE CITY CODE REGARDING THE REGULATION OF COTTAGE FOOD OPERATIONS AS HOME OCCUPATIONS OR HOME OFFICES, 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 § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to amend the City Code related to home occupations and home offices, and; WHEREAS, the City Commission desires to permit cottage food operations operating in accordance with section 500.80, Florida Statutes, in all residential zoning districts subject to the conditions applicable to other home occupations and home offices; 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, Chapter 20, Zoning is hereby amended as follows (underlined type indicates additions and �ee�r�type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 20. ZONING City of Winter Springs Ordinance No. 2016-OS Page 1 of 4 � � � ARTICLE L GENERAL Sec. 20-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: � � � Cotta�e food operations. "Cotta�e food operation" means a natural person who produces or packa�es cotta�e food products at his or her residence and sells such products in accordance with section 500.80, Florida Statutes. Cotta�e food products. "Cotta�e food product" means food that is not a potentially hazardous food (as defined bv rules of the Department of A�riculture and Consumer Services) which is sold bv a cotta�e food operation in accordance with section 500.80, Florida Statutes. � � � ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS � � � DIVISON 4. REGULATION OF HOME OCCUPATIONS OR HOME OFFICES. Section 20-452. Home occupations or home offices. (a) A home occupation or home office, as defined in section 20-1 of the City Code, is permitted in all residential zoning categories provided that: 1. The home occupation or home office use shall be incidental and subordinate to the residential use of the dwelling unit. Further, the area used for the home occupation or home office shall not exceed an area greater than thirty percent (30%) of the air-conditioned portion of the dwelling unit. 2. The home occupation or home office use shall not negatively impact the residential character of the neighborhood in which it is located by introducing uses or conditions that are incompatible with the peace and harmony of the residential neighborhood. City of Winter Springs Ordinance No. 2016-OS Page 2 of 4 3. The home occupation or home office is conducted entirely within the dwelling unit or within a permitted accessory building. A home occupation or home office is not permitted within an accessory dwelling unit. 4. There shall be no exterior advertising of the home occupation on the outside of the dwelling unit or permitted accessory building. 5. There shall be no exterior storage or display on the premises of material or equipment used as a part of the home occupation or home office. Commercial vehicles shall be regulated pursuant to section 20-431 et. seq. of the City Code. 6. The following uses shall not be considered a home occupation or home office: a. Adult entertainment establishments; b. Antique shops; c. Art studio for group instruction; d. Auto service and repair; e. Mechanical service and repair; £ Barber and cosmetology services; g. Band or music instruction for groups; h. Bed and breakfast facilities; i. Clubs, private; j. Drive-in facilities; k. Eating and drinking establishments; 1. Escort services; m. Food processing and handling commercial (except that cotta�e food operations, as defined in section 20-1 of the Citv Code, mav be considered a home occupation or home office); n. Fortune tellers; o. Funeral homes; p. Group instruction for more than two people; q. Health spas; r. Hospitals and clinics; s. Hotels/motels; t. Kennels or overnight boarding of animals; u. Massage therapy; v. Photographic studios involving chemicals or client visitors; w. Retail commercial operations; x. Sexually oriented businesses; y. Vehicle sales or rental; z. Tattoo parlors; aa. Health care providers; or bb. Any other use or activity similar in nature or purpose to those listed herein and any other use or activity inconsistent with the requirements of this Code. � � � City of Winter Springs Ordinance No. 2016-OS Page 3 of 4 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. 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 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of February, 2016. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading Second Reading: Effective Date: City of Winter Springs Ordinance No. 2016-OS Page 4 of 4 Attachment " B " Florida Uepartment ot Agriculture and Consumer Services Division of Food Safety Adam H.Putnam,Commissioner Cottage Food Legislation Signed Into Law Quick Reference Definitions �. •'�' � not inspected by any erators with general and Cottage Food Operation '��%_ r `� state government entity. specific information con- mep"S p pers°""'n° pr°- . ,�.; duces or packages cottage tk� tained in this document. food roduds at his or her ;�i��-� � ��'�,�"```!�.� Gross sales for a cot- p ( + p� -�j residence and sells such .'�A�"��,� �-, ta e food o eration If ou are a ros ec- ;s g f� Y p p products in accordance with w„ . t` �-'„�' '4 must not exceed tive cottage food opera- se�t�on soo.so,Florida Stat- `� � � ��„�;er utes. �_ $15,000 annually. tor, please take some �' � Cottage Food Product means Products must be sold tIYYI@ t0 Y@VI@W th15 gUICI- food that is not a potentially The 201 1 Florida Leg- directly by the cottage ance document so that hazardous food as defined islature enacted House food operator to the you are better informed by FDACS rule which �s soid Bill 7209 allowing InC�I- by a cottage food operation consumer. Sales by qE�OUt COttqg@ fOOCI Op- in accordance with Section viduals to manufacture, Internet, mail order, con- eration requirements. soo.so, Florida stpt�tes. sell and store certain signment or at wholesale Residence is defined to mean types of "cottage food�� '■ a primary residence that is are prohibited. ^ i,� occupied by an individual products in an unlicensed Cottage food products who operates a cottage food home kitchen. operation and that contains a must be labeled In qC- single kitchen with appliances Cottage food products cordance with the re- . r , ,, +F"� � designed for common resi- s include such items as �� dential usage. The residence quirements as outlined In � may only contain one stove breads, cakes, COO�cI@5� Section 500.8� J� F�OY- ��'' � or oven,which may be a candies, jams, jellies, and ida Statutes, a d)United "�+��- '�� double oven designed for fruit pies. �""� , ' non-commercial use. States Code of Federal �..�`� ' °� ' Potentially Hazardous Food "Cottage food opera- Regulations Title 21, Part �,�� - means a food that requires ��. k ''. � - time�temperature control for tions" as they are called safety(TCS)to limit patho- require no license or QII COttqg@ fOOCI pYOCI- genic microorganism growth permit from the Florida ucts offered for sale to or toxin formation;An animal � food that is raw or heat- Department of Agricul- the general public, must treated; a plant food that is ture and Consumer Ser- be labeled: "Made in a heat treated or consists of raw seed sprouts, cut melons, vices (FDACS), and are cottage food operation INSIDE cut leafy greens, cut toma- .,..,,,� thqt IS nOt SUE�j@Ct t0 FIOY- toes or mixtures of cut toma- f`r ,_� , toes that are not modified in ��"_ < ri, ICIq 5 fOOCI $qfety YegUlq- WHAT TYPE OF FOODS 2 � ° {�"r' ,o CAN I PRODUCE? p �'✓pY so that they are un- � tIO1l5. able to support pathogenic �v.v. WHAT TYPES OF FOOD 2 microorganism growth or 'A TIl@ FDACS YYlqy IIIV@5- ARE NOT ALLOWED? toxin formation,or garlio-in- oil mixtures that are not ;,�, " 5 � � tigate any complaint re- �� ^ ? FREQUENTLY ASKED 2 modified in a way so that �' � '� ' � ., � ceived against a cottage QUESTIONS they are unable to support '�. '� fOOC� O eration. pathogenic microorganism �;;`.; p LABELING AND INSPEC- 3 rowth or toxin formation. ;' � TION REQUIREMENTS g ,�Y The Division of Food _ , _ ��:, � �' - � Safet is leased to YO- COTTAGE FOOD 4 ��f'�j ��,� �, ' y • p p CONTACTS,WEB LINKS ' . I� � � VICI@ COttqg@ fOOCI Op- AND RESOURCES � I � � ri�Y.. � . r -, ��f�� FDACS-P-01765 Florida Department of Agriculture Wfiat Types of Cottage Foods Can 1 Produce? As a cottage food op- Loaf breads, rolls, biscuits Frequently Asked erator, you are allowed to produce food items Cakes, pastries and cookies Questions which are considered not Candies and confections Question: How do I sell my potentially hazardous. cottage food products? Honey Answer: You may sell your � Jams, jellies and preserves cottage food products from -�.'r your residence directly to the _ ' �- � �, Fruit pies and dried fruits consumer. Sales are also ap- `�' �� proved at farmer's markets �'"° ' Dry herbs, seasonings and mixtures and roadside stands. - _- r � Homemade pasta Question: Can I use the inter- net to sell my cottage food � Cereals, trail mixes and granola products? Coated or uncoated nuts Answer: No,the law prohibits The table (at right) sales over the internet, by mail provides a listing of ac- Vinegar and flavored vinegars order,or at wholesale. ceptable cottage food Popcorn, popcorn balls Question: Am I able to de- produCts. Although not liver my cottage food prod- all inclusive, it provides ucts? for most types of ap- Answer: Yes,you may deliver proved cottage food your cottage food products f� rr fiat Cottage Foods directly to the consumer or to a YOC�UCtS. specific event venue (wedding, � �`� � � Are Not Allowed? birthday celebration etc.) r � � •*�.a.- , Question: Do I need a permit "� � ` or license for my cottage food � � � � ��- Fresh or dried meat or meat products includ- operat�on? � � � � � � ing jerky Answer: No,you do not need � � 1/� a state permit or license for •, i�y* �`-'?�� . :, Canned fruits, vegetables, vegetable butters, your cottage food operation. A:. � flavored oils, hummus, garlic dip, salsas etc. However,you should check Fish or shellfish products with your city or county for any �f y0U hqV@ qrly CjU@5- requirements they may have.. tions regarding the pro- Canned pickled products such as corn relish, Question: Is there any limit to duction of a particular pickles, sauerkraut how much I can earn from cottage food product Raw seed sprouts my cottage food operation? Answer: Yes, cottage food please contact the Bakery goods which require any type of re- operptors pre I�m�ted to FDACS's Division of Food frigeration such as cream, custard or me- $15,000 in gross sales per Safety, Bureau of Food ringue pies and cakes or pastries with cream year. It is the operator's re- and Meat Inspection at cheese icings or fillings sponsibility to comply with ap- (850) 245-5520. Milk and dairy products including hard, soft plicable laws, rules and regu- lations regarding the collection and cottage cheeses and yogurt of sales tax Cut fresh fruits and/or vegetables. Juices Question: Can I make pet � ' made from fresh fruits or vegetables treats? Ice and�or ice products Answer: No,the cottage food law applies to human-grade Barbeque sauces, ketchups and/or mustards food only. For more informa- 1 tion about pet treat licensing � Foccaccia-style breads with vegetables and/ please contact the Feed In- �� or cheeses spection Program at - µ' � ' (850) 617-7855. and Consumer Services Florida Labeling Requirements Federal Allergen The cottage food law predominance by Labeling Information requires specific labeling weight; All cottage food products must be labeled in ac- requirements for the sale • The net weight or net cordance with the United States Code of Federal of cottage food prod- volume of the cot- Regulations Title 21, Part 101. As a cottage food ucts. tage food product; operator, you must identify if any of your ingredi- • Allergen information ents are made from one of the following food _ as specified by fed- rou s e s milk wheat eanuts so beans fish eral labeling re- g p � gg � � � p � y � �,�r , and tree nuts. �,�f.. � quirements; ��,.p.b,�F •��.._,..,. . ,'.. . If any nutritional In the sample label (provided at left) possible �,�;�r.°�., � claim is made, ap- allergens are identified as "Contains wheat, eggs, ��^�:::;%:' : '��„,�� propriate nutritional milk, soy and walnuts:' This labeling allows con- � information as speci- sumers to avoid food which may be harmful to A cottage food opera- fied by federal la- them. tion may only sell cot- beling requirements; tage food products and To obtain additional information you may visit the which are prepackaged • The following state- following website which contains more information with a label affixed that ment printed in at regarding federal allergen labeling information: contains the following least 10-point type htt.�,//www.fda.cL, Food, LabelinqNutrition� information: (printed in in q COIOr thqt pr0- FoodAllerqensLabelinq/ English) vides a clear contrast GuidanceComplianceRequlatorylnformation/ucm 1061 87.htm tothe background • The name and ad- label: "Made in a Cottage Food Inspections dress of the cottage cottage food opera- food operation; tion that is not sub- KIIOW fh@ RUI@S... • The name of the cot- ject to Florida's food tage food product; safety regulations." • The ingredients of Q sample is shown be- � The FDACS may investigate any the cottage food low and may assist with �a=� complaint received for a cottage product, in descend- developing your cottage "�� food operation. ing order of food roduct label. p � � If your cottage food operation is the subject of a complaint, you MADE IN A COTTAGE FOOD OPERATION THAT must allow a FDACS employee or officer in your IS NOT SUBJECT TO FLORIDA'S FOOD SAFETY cottage food operation to conduct an inspection. REGULATIONS The FDACS employee or officer will inspect your Chocolate Chip Cookie cottage food operation to determine compliance with applicable laws, rules and regulations. Ashley Christopher Bryant 1019 Food Safety Drive If you refuse to allow a FDACS employee or of- Tallahassee, Florida 32399 ficer to inspect your cottage food operation, the FDACS may take disciplinary actions which may Ingredients: Enriched flour(Wheat flour, niacin, reduced iron,thiamine, mononitrate, riboflavin and folic acid), butter(milk,salt),chocolate chips include a $5,000 fine. (sugar,chocolate liquor,cocoa butter, butterfat(milk), Soy lecithin as an emulsifier),walnuts,sugar,eggs,salt,artificial vanilla extract, baking More information is available on page four of soda. this publication. Contains:wheat,eggs,milk,soy,walnuts Net Wt. 3 oz I State Agency Contact � �.. A cottage food operation must comply with all applica- Cpn � $e��My °' ' � ble county and municipal laws and ordinances regulating Cottage Foods to the preparation, processing, storage and sale of cottage � � food products. Below is a listing for state agency re- R@SfpUl'pI1fS? � sources who may assist you in answering any questions regarding cottage foods: Cottage food opera- tors are not allowed to FDACS of Agriculture and Consumer Services sell their cottage food Division of Food Safety products to local restau- (850) 245-5520 rants or grocery stores. http://www.freshfromflorida.com� These types of sales are considered "wholesale" and are not allowed un- der the law. Cottage food opera- Be sure to check with your local municipal, city or county tors must sell their cot- government for additional requirements! tage food products di- rectly to the consumer. �. I � . Documents and Publications ��'�7'� , i i Zr � � The following websites provide additional information - relating to food safety and subsequent requirements as �=`��` well as the cottage food legislation: = Can 1 Make Salsas _�- t or Barbecue United States Food and Drug Administration $pUC@? 2009 Food Code Processing of low-acid http://www.fda.aov f Food f FoodSafety./RetailFoodProtection f FoodCode� foods by retort canning FoodCode2009/ or processing of acidi- fied foods is not al- Cottage Food House Bill 7209 lowed by a cottage http://www.myfloridahouse.aovfSectionsfBillsfbillsdetail.aspx? food operator. Billld=46868&Sessionld=66 These types of prod- Chapter 500, Florida Statutes ucts must be commer- http://www.lea.state.fl.usfStatutesfindex.cfm? cially processed to en- App mode=Display Statute&URL=0500- sure sterility under con- 0599f0500f0500Contentslndex.html&StatuteYear=2010&Title=%2D% ditions of non- 3E2010%2D%3EChapter%20500 refrigerated storage and distribution. Food Allergen Labeling and Consumer Protection Act of 2004 http://www.fda.aovf Food f LabelinaNutrition f FoodAlleraensLabeling,/ Typically, canning or GuidanceComplianceReaulatorylnformation f ucm 106187.htm processing acidified foods are done in a state permitted facility. Florida Department of Agriculture and Consumer Services Division of Food Safety Adam H.Putnam,Commissioner February 2014 Cottage Food Legislation Frequently Asked Questions ; ` ��:� <"�' � ~ �-�Are pet treats included under the Cottage Food Law? No. The 3: - Cottage Food guidance document applies to human grade food only. *� j•� y!_ � OPi�' , .� Can 1 produce and sell cooked vegetable products, like sa/sas, /� � � ,, tomato sauces, spaghetti sauces, or foccacia bread with roasted ;'� w `� vegetables? . •r, - w►�,. �� ` No. Food products made with cooked vegetable products do not qual- >�t � '�� if under the Cotta e Food uidance document. Manufacturers of Y 9 9 i�� ,,,. cooked vegetable products like salsas and tomato sauces must meet `�:z� significant federal and state training and licensing requirements. � � ` �� Cooked vegetables, whether fresh or canned, usually are made from a combination of low acid and acidified foods, and are considered a Potentially Hazardous Food. Cooked vegetables must be held either hot (above 135°F) or cold (below 41°F). They can't be stored at room temperature, which makes them ineligible for production in a cottage food operation. Can 1 roast coffee beans in my home kitchen and sell them under the Cottage Food Law?Yes. You can roast and sell whole bean coffee or ground coffee, as long as you meet all of the provisions of the Cottage Food guidance document (labeling, storage, etc.); however, since beverages are not allowed under the Cottage Food guidance document you may not sell ready-made coffee. Can 1 bake bread in a wood fired oven under the Cottage Food Law?Yes, as long as that oven is in your home kitchen. Can 1 make and sell apple butter or other fruit butters?Yes, butters made from fresh fruits are considered cottage food products. Fruit butters have significantly less sugar than a tradi- tional jam or jelly. It is the combination of acid, sugar, pectin and heat that assures the safety of jams/jellies. Vegetable butters such as pumpkin butter would not be Cottage Food Can 1 press and sell apple cider under the Cottage Food - �- p guidance document? No. apple cider is not a food allowed to �> ' , be produced. Actually, no beverages are allowed to be produced ° under the Cottage Food guidance document. y �' Am 1 allowed to grind wheat and other grains and make them ,' , �r�;��: � a;,,, into flour? Yes, you may grind any type of grain into flour, pro- �� ; �� ' vided the packaging and labeling requirements are met. FDACS-P-01768 Florida Department of Agriculture and Consumer Services Division of Food Safety Adam H.Putnam,Commissioner February 2014 Cottage Food Legislation Frequently Asked Questions Page 2 " Can 1 make and sell dehydrated meats under the Cottage Food � � �" `� Law? No. Meats are a Potentially Hazardous food and are not al- �� "' lowed under the Cottage Food guidance document exemptions. �� ►��r�r� '� //ease space in a retail building where 1 operate a small antique �.— shop. As a Cottage Food baker, can 1 sell my own baked goods �- -'- �°' from my shop under the current Cottage Food Guideline? No, the ��+'� cottage food legislation prohibits wholesale, internet or sales by con- signment Since your small antiques store is not the cottage food op- eration, you would not be able to sell your cottage food products from this location. If 1 have a roadside stand which is already inspected and permitted can 1 a/so sell my cottage food ? A permitted food establishment cannot sell foods from unapproved source. Since the safe food handling practices are not being evaluated at your home, the cottage food is not considered an approved source and cannot be sold at a permitted roadside stand. Can 1 make and sell hard candies or lollipops under the Cottage Food guidance document? Yes. Hard candies, lollipops and peppermint candies are allowed under the Cottage Food guidance document, as long as they are labeled correctly and completely, the label includes any allergens the product may contain, and all other provisions of the law are met. Can 1 make and sell sweet breads, muffins or other baked goods made with fresh fruits and vegetables like zucchini, pumpkin, and strawberries?Yes, as long as the fruits or vegetables are incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh fruits or vegetables. Can I use homegrown fruits and vegetables in baked goods? Yes. You should take care to thor- oughly wash the homegrown produce and the fruits or vegetables must be incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh fruits or vegetables. Can homegrown produce be canned and used for making baked goods, like sweet breads, at a later date? No, but you can use commer- '�, cially canned products for baked goods, like canned pumpkin, cherry pie filling, etc. Most home-canned products are not approved for production �, ,�_ ��, under the Cottage Food Law, with the exception of jams and jellies. Can 1 freeze homegrown produce and use it for making baked goods, - like sweet breads, at a later date?Yes, as long as the frozen fruits or vegetables are incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh or frozen fruits or vegetables. Florida Department of Agriculture and Consumer Services Division of Food Safety Adam H.Putnam,Commissioner February 2014 Cottage Food Legislation Frequently Asked Questions Page 3 ` ��,,,/►�� Can 1 make and sell dry bread or`instant'bread mixes under � �i✓` �/the Cottage Food Guidelines?Yes. Dry bread mixes are an ac- � �y �,,�i'� _ceptable product to produce and sell under the Cottage Food guid- �� \�� !ance document, as long as you meet all requirements of the law. :�....�. �.�. Does my chocolate fountain business qualify as a Cottage Food business? If your business is involved in any process- ing, preparation and storage of food items, including offsite, this food service business would not be eligible to operate under the Cottage Food guidance document and would required a food license from the Department of Business and Professional Regulation. If your service is hired to deliver the fountain equipment only to the event and food product is purchased and delivered for each individual event, this would be considered a Cottage Food business. Do 1 have to put a label on my Cottage Foods? Yes, you are required to label your Cottage Foods. The basic information that must be on the label is as follows: • Name and address of the Cottage Food operation. • Name of the Cottage Food product (All capital letters or upper/lower case are both acceptable). • The ingredients of the Cottage Food product, in descending order of predominance by weight. If you use a prepared item in your recipe, you must list the sub ingredients as well. For example: soy sauce is not acceptable, soy sauce (wheat, soybeans, salt) would be acceptable. • The net weight or net volume of the Cottage Food product (must also include the metric equivalent, conversion charts are available online). • Allergen labeling as specified in federal labeling requirements. The following statement: "Made in a cottage food operation that is not subject to government food safety inspection" (All capital letters or upper/lower case are both acceptable provided they are ten point font size.). Hand-printed labels are acceptable if they are clearly legible, written with dura- � ble, permanent ink, and printed large enough to equal the font size require- ments listed above. � ..>. :.. - . , Can 1 make Cottage Food products in an outbuilding on my property, like ��, a shed or a barn? No. Outbuildings such as sheds or barns are not allowed. ` �- ' ; �-'�`::�.-. �':. Florida Department of Agriculture and Consumer Services Division of Food Safety Adam H.Putnam,Commissioner February 2014 Cottage Food Legislation Frequently Asked Questions Page 4 What does allergen labeling, as specified in federal labeling require- ments, mean? It means you must identify if any of your ingredients are N��o " made from one of the following food groups: milk, eggs, wheat, peanuts, o pa e < e 9r'� °�° soybeans, fish (including shellfish, crab, lobster or shrimp) and tree nuts , r��°�� ° (such as almonds, pecans or walnuts). So, if you have an ingredient :�;� 6�9 "'`- made with a wheat based product, you have two options: �,ha°,�; n. , : �,�-;°4% 1. Include the allergen in the ingredient list. For example, a white bread with the following ingredient listing: whole wheat flour, water, salt and yeast. In this example, the statement `whole wheat flour', meets the requirements of federal law. 2. Include an allergen statement ("Contains :") after the ingredient list. For example a white bread,with the following ingredients: whole wheat flour, water, sodium caseinate, salt and yeast. Con- tains wheat and milk. The "Contains" statement must reflect all the allergens found in the product. In this example, the so- dium caseinate comes from milk. Are there any special requirements for tree nuts labeling for allergens?Yes, if your Cottage Food has tree nuts as an ingredient you must identify which tree nut you are using. For example, if you made Nut Bread, an acceptable ingredient list would be: Ingredients: wheat flour, water, almonds, salt, yeast. The following would not be acceptable: Ingredients: flour, water, nuts, salt, yeast. 1 am concerned that some of my product ingredients that are not allergens are "trade secrets" and listing all my ingredients would lead to unfair competition. Do 1 have to list all of my ingre- dients or can 1 protect my trade secrets? According to federal regulations (Food and Drug Admini- stration (FDA), 21CFR 101.100g(1)(2)), exceptions to labeling can be made. In particular, if the Com- missioner of Food and Drugs finds that alleged secret ingredients are harmless an exemption may be granted. You should contact the FDA to discuss and propose �� an exemption from labeling. Do 1 have to include my home address on my product labeling or is a post office box sufficient?You must use the physical address of your home kitchen on your product label, not a post office box. The purpose of including an address on product labels is to be able to locate the business in case of a recall or trace- ' �, back associated with a foodborne illness complaint or outbreak. The Cottage Food � � �-- guidance document specifies that the name and address of the business of the -�°`'r1 Cottage Food Operation must be included on the label. Florida Department of Agriculture and Consumer Services Division of Food Safety Adam H.Putnam,Commissioner February 2014 Cottage Food Legislation Frequently Asked Questions Page 5 '� Am 1 required to send my products to a laboratory to obtain an official � .�.. � �� .� �. ingredient list, or is it something 1 can put together on my own?You are ,�� not required to have your product analyzed by a laboratory to obtain an official �.� '` ' ingredient list. You must, however, list all ingredients, in descending order of '=1 � ��4 '� predominance by weight. If you use a prepared item in your recipe, you must �''� list sub-ingredients as well. For example, if you use soy sauce as an ingredi- � ,, ``y ent, listing soy sauce is not acceptable; soy sauce (wheat, soybeans, salt) is N �:� ��acceptable. Allergen labeling, as specified in federal labeling requirements, �, � must also be included. - ��qz � � ` �`�� If 1 make and sell wedding cakes, how can 1 meet the labeling require- " ments, when 1 can't stick a label on the cake? For wedding cakes, birthday cakes and other specialty cakes that are not easily packaged, you must in- clude all labeling requirements on the invoice and deliver the invoice with the cake. Smaller cakes must be boxed and the label must be included on the box. Why can't 1 sell my Cottage Foods to my favorite restaurant or grocery store? Because the cot- tage food kitchen is not inspected and the safe food handling practices are not evaluated by any food safety official. Since the safe food handling practices are not being evaluated, the food is not consid- ered an approved source for use in a restaurant or grocery store. Also, it is not possible for the final consumer to discuss your food safety practices with you, since you are not selling or serving the prod- uct to the consumer. Can 1 make and sell products from my motor home kitchen, or cottage or summer home under the Cottage Food Guidelines?The Cottage Food guidance document applies only to non-potentially hazardous foods made in the kitchen of your primary residence. Second homes, vacation homes or motor homes do not qualify if they are not your primary residence. Can 1 make products in a rented kitchen and sell them under the Cottage Food Guidelines? No. The Cottage Food guidance document applies only to non-potentially hazardous foods made in the kitchen of your primary residence. If the rented kitchen is a licensed facility, you would need a food establishment license to sell your products. Can nonprofit organizations produce and sell Cottage Foods? No. Nonprofits do not have a sin- gle family domestic residence, and therefore do not qualify as a Cottage Food business. f Can 1 advertise my Cottage Food products on my website?Yes. You can use your website to advertise your products or market your business, but cannot take orders or sell products via your website. Florida Department of Agriculture and Consumer Services Division of Food Safety Adam H.Putnam,Commissioner February 2014 Cottage Food Legislation Frequently Asked Questions Page 6 — Where can 1 store ingredients and finished products for my Cottage Food - business? Ingredients and finished Cottage Food products may be stored in ��f�n,,li�;�. �a =' '__' your single family domestic residence where the Cottage Food products are � ��,�, , made. This includes your kitchen, a spare room or a basement that is free of ��j.'r�, " dampness/water, pests or other insanitary conditions. You may not use a ga- ;� I,' � '�'�"� ' �'' rage, shed, barn or other outbuilding as a storage facility for your Cottage Food ,� !��-<.!_`- business. � ' . n iim � , G - � -� Can 1 sell my Cottage Foods to a wholesaler, broker or distributor? No. Un- �-,-�, ''� ' -.� der the Cottage Food guidance document, it is not legal for a producer to sell to i�,,;!�� a wholesaler, broker or distributor who would then resell the product. 1 1 � Is it possible to place my Cottage Food products in a store or restaurant on consignment? No. Cottage Food products cannot be sold on consignment. The sale must be person-to-person, from the producer to the actual consumer. Can 1 serve free samples of my Cottage Food Products?Yes. As long as your product meets the requirements of the Cottage Food guidance document and is a non-potentially hazardous food, sam- pling is allowed. Samples must be pre-packaged in your home kitchen (e.g, if you sample bread, you can't cut it at the market, but can cut it in your home kitchen and individually wrap or package the bread samples into sample cups with lids). Although you do not need an individual label for each sam- ple, you must have properly labeled packages of your product on display with the samples so your customer can review the ingredient list. Your product cannot be cooked or prepared in a way that makes it a potentially hazardous food/temperature control for safety food (e.g., you can't add a dried dip mix to sour cream or serve anything that can't be kept safely at room temperature - these exam- ples would require a food license). Can 1 utilize commercial type equipment such as large rotary mixers in my cottage food opera- tion? No. Typically a private home is not equipped with sinks required to effectively wash, rinse, and sanitize large commercial equipment. Does my equipment, stove and/or refrigerator need to be NSF(a food � y �' � �: equipment evaluation group) approved? No. As a Cottage Food operator, ^;� ___ 1°�;� ��' you are not required to meet NSF standards for your equipment used to AP - � �±;; `� �=_- �} � � � manufacture Cottage Food products. �- -,.� ,� . ��.=� :�- � r� Do 1 need to have a DBA for the Cottage Food law?A DBA (Doing Busi- . I . ��`� ness As) may be a requirement of your county or local municipality. . � � .� ii , � Florida Department of Agriculture and Consumer Services Division of Food Safety Adam H.Putnam,Commissioner February 2014 Cottage Food Legislation Frequently Asked Questions Page 7 , • R�+`��n �� The farmers market where 1 want to sell my products says 1 need a � r � y �,��:,' �� ' food license, even though 1 am a Cottage Food business. Can the � �;�� . ��!'��;, �� market require a license? r �,�� « ,.�_ � _ '� `� "� "►` '� �� Yes. Even though an entity may meet the requirements of a Cottage �. � � ��'� � Food Operation and be permitted, some farmers markets or other direct �� r �,�c �i marketin venues ma re uire vendors to have a food establishment , �, � 9 Y q � �� ', � �'�� license or to meet other requirements. Local policies enacted by farmers ' market boards and other local governing bodies are generally outside the scope of any Cottage Foods regulations. Are there any special requirements regarding my home on-site well?An approval or inspection of the onsite well system is not required by the Health Department prior to the operation of a cottage food operation. However for potable water a properly constructed on-site well is recommended. It is recommended the well water should be tested, at least annually, for coliform bacteria and nitrates. Water from wells with any of the following features should be avoided: • Very shallow depth (< 25 ft) • Producing cloudy water • Located in below-ground pit • Buried wellhead • Missing cap or seal • Opening around casing pipe • Located within 25 feet of any portion of a septic system • Dug well A list of water testing laboratories may be available from the regulatory agency. Local Health Depart- ments can provide consultation on drinking water quality and well construction. While the department will require no testing, it is recommended the water be tested annually. Are there any concerns related to my home on-site wastewater(septic) system?An approval or inspection of the onsite wastewater system is not required by the Health Department prior to the operation of a cottage food operation, however depending on the nature and volume of the food products which will be manufactured for sale, there can be adverse effects to the existing � system serving the home. For instance, adding significant bakery wastewater can not only increase the total volume discharged but may also result in the increase in the �; � organic strength of the wastewater discharged to the drain field, leading to the possibility �` � � of accelerated system failure. Since repairs to an onsite wastewater system in failure � can be expensive, the adequacy of the home system to handle additional wastewater � - loading should be considered prior to initiating a cottage food business. 4 Statutes&Constitution:View Statutes: Online Sunshine Attachment " C " �ii�is hi�� i � - � - � - December 30, 2015 Search Statutes: zois s««h ' -*��.' , ;'f . -� - Select Year: 2ois � - . • . �. . . . .. The 2oi5 Florida Statutes Florida Statutes Search Statutes Search Ti s Florida Constitution Title XXXIII Chapter 500 View Entire Laws of Florida _ _ � _ _ REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND FOOD Chapter ... SOLICITATIONS PRODUCTS � ' � 500.80 Cottage food operations.— . - - � __� � (1)(a) A cottage food operation must comply with the applicable requirements of this chapter but • - - is exempt from the permitting requirements of s. 500.12 if the cottage food operation complies with ' ' this section and has annual gross sales of cottage food products that do not exceed $15,000. . .. . - - _ � _ (b) For purposes of this subsection, a cottage food operation's annual gross sales include all sales - - . . . - of cottage food products at any location, regardless of the types of products sold or the number of ' • ' persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation's annual gross sales. (2) A cottage food operation may not sell or offer for sale cottage food products over the Interpreter Services Internet, by mail order, or at wholesale. for the Hearing lmpair�d (3) A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information: - - (a) The name and address of the cottage food operation. (b) The name of the cottage food product. � (c) The ingredients of the cottage food product, in descending order of predominance by weight. (d) The net weight or net volume of the cottage food product. (e) Allergen information as specified by federal labeling requirements. (f) If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements. (g) The following statement printed in at least 10-point type in a color that provides a clear contrast to the background of the label: "Made in a cottage food operation that is not subject to Florida's food safety regulations." (4) A cottage food operation may only sell cottage food products that it stores on the premises of the cottage food operation. (5) This section does not exempt a cottage food operation from any state or federal tax law, rule, regulation, or certificate that applies to all cottage food operations. (6) A cottage food operation must comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage, and sale of cottage food products by a cottage food operation or from a person's residence. (7)(a) The department may investigate any complaint which alleges that a cottage food operation has violated an applicable provision of this chapter or rule adopted under this chapter. (b) Only upon receipt of a complaint, the department's authorized officer or employee may enter and inspect the premises of a cottage food operation to determine compliance with this chapter and http://www.leg.state.fl.us/...TES/index.cfm?App_mode=Display_Statute&Search String=&URI,=0500-0599/0500/Sections/0500.80.htm1[12/30/201511:13:02AM] Statutes&Constitution:View Statutes: Online Sunshine department rules, as applicable. A cottage food operation's refusal to permit the department's authorized officer or employee entry to the premises or to conduct the inspection is grounds for disciplinary action pursuant to s. 500.121. (8) This section does not apply to a person operating under a food permit issued pursuant to s. 500.12. History.—s. 21, ch. 2011-205. •� O •• 1 - • �. - - ' - - • http://www.leg.state.fl.us/...TES/index.cfm?App_mode=Display_Statute&Search String=&URI,=0500-0599/0500/Sections/0500.80.htm1[12/30/2015 11:13:02 AM] -� G2 � Orlando Sentinel Thursdqy,Jenuaryl4,2016 se a s C o E A t t a c hme n t 11 � 1� � NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC t�EARING CITY OF ViIINTER SPRINGS CITY OF WINTER SPRINGS CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT NoTice is Heaeev GiveN THnr NOTICE IS HEREBY GIVEN THAT THE CI7Y COMMISSION ., rHe arY coMMissioK PROPOSES TO CONSIDER THE FOLLOWWG: THE CIiY COMMISSION PROPOSES TO CONSIDER THE FOLL01Ni�6: PROPOSES TO CONSIDER THE FOLLOWING: ORDINANCE NO.2015=D8 ORDINANCE N0.ZO1S-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE ORDINANCE N0.2016-05 ANORDINANCEOFTHECITYCOMMISSIONOFTHECITY COUNTY, FLORIDA, CHANGING THE ZONING OF WINTER SPRINGS,SEMINOLE COUNTY, FLORIDA, MAP DESIGNATION OF ONE(1) PARCEL OF LAND AN ORDINANCE OF THE CITY COMMISS�ON OF THE CIiY AMENDING THE CITY'S COMPREHENSIY�"�7.�!tAl!1 COMPRISING APPHOXIMATELY 39.810 GROSS OF WINTER SPRINGS, FLORIDA;ADDING DEFINITIONS ACRES,MORE OR LESS,AND GENERALLY LOCATED RELATED TO THE GOALS,OBJECTIVES AND POLICIES ON THE NORTH SIDE OF STATE ROAD 434 AND RELATED TO COTfAGE FOOD OPERATIONS AND OF THE HOUSING ELEMENT; PROVIDING FOR THE �STOFMICHAELBLAKEBOULEVARDANDWEST pRODUCTS;AMENDINGTHECITYCODEREGARDINGTNE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND OF SPRING AVENUE,WINTER SPRINGS,FLORIDA; SAID PARCEL BEING MORE PARTICULARLY REGULATION OF COTfAGE FOOD OPERATIONS AS HOME RESOLUTIONS,SEVERABILITY, INCORPORATION INTO DEPICTED AND LEGALLY DESCRIBED HEREIN; OCCUPATIONS OR HOME OFFICES, PROVIDING FOR THE COMPREHENSIVE PLAN, AN EFFECTIVE DATE° CHANGING THE ZONING DESIGNATION OF AND LEGAL STATUS OF THE PLAN AMENDMENTS. THE PARCEL FROM CITY OF WINTER SPRINGS THE REPEAL OF PRIOR INCONSISTENT ORDINANCES "GREENEWAY INTERCHANGE DISTRICT" TO AND RESOLUTIONS,INCORPORATION INTO THE CODE, WINTER SPRINGS"PLANNED UNIT DEVELOPMENT And (PUD)"; PROVIDING FOR THE ADOPTION OF A SEVERABILITI;AND AN EFFECTIVE DATE. CORRESPONDING AND REQUIRED DEVELOPMENT ORDINANCE N0.2015-15 AGREEMENT ESTABLISHING THE DEVELOPMENT CITY COMMISSION FIRST READING AND PUBLIC AND ZONING REQUIREMENTS FOR THE SUBJECT HEARING WILL BE HELD ON ANORDINANCEOFTHECITYCOMMISSIONOFTHECIIY PROPERTY;PROVIDING FOR THE ADOPTION OF A OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; CORRfSPONDING AND REQUIRED MASTER PIAN MONDAY,JANUARY 25,2016 AMENDING THE LIST OF PERMfTTED, CONDITIONAL ESTABLISHING THE GENERAL SITE LAYOWT FOR pT 5:15 P.M.OR SOON THEREAFTER IN THE THE FUTURE DEVELOPMENT OF THE SUBJECT AND PROHIBITTEDUSES IN THE C-1 NEIGHBORHOOD PROPERTY;PROVIDINGFORTHEREPEALbFPRIQR COMMISSION CHAMBERS LOCATED AT COMMERCIAL,C-2 GENERAL COMMERCIAL,AND G3 �NCONSISTENT ORDINANCES AND RESOLUTIONS, WINTER SPRINGS CITY HALL HIGHWAY 17-92 COMMERCIAL ZONiNG DISTRICTS SEVEFiABILITY, AND AN EFFECTIVE DATE. 1126 EAST STATE ROAD 434 TO REMOVE MULTI-FAMILY RESIDENTIAL AS A LOCATION MAP CONDITIONAL USE; PROVIDING FOR THE REPEAL WINTER SPRINGS,FLORIDA OF PRIOR INCONSISTENT ORDINANCES AND �`� � �u°°�' �, s� a�� AND ��' �,?�� '�� '� � � � CIIY COMMISSION SECOND READING AND PUBLIC � RESOLUTIONS, INCORPORATION INTO THE CODE, �'� � � � � � a� � � � SEVERABILITY,AND AN EFFECTIVE DATE. � �� "�`��,�� HEARING WILL BE HELD ON • C I T Y C O M M I S S I O N S E C O N D R E A D I N G A N D � �� ?� � MONDAY,FEBRUARY 8,2016 ��•: .� � ��.�t�� .�� .�� A T 5:1 5 P.M.O R S O O N T H E REAFfER IN THE ADOPTION PUBLIC HEARING WILL BE HELD ON COMMISSION CHAMBERS LOCATED AT MONDAY,JANUARY 25,2016 WINTER SPRINGS CfTY HALL AT 5:15 P.M.OR SOON THEREAFfER IN THE COMMISSION CHAMBERS LOCATED AT .�j � x 1126 EAST STATE ROAD 434 � WINTER SPRINGS CRY HALL '�;�'.�� : � ', ,� WINTER SPRINGS,FLORIDA 1126 EAST STATE ROAD 434 � CITY COMMISSION SECOND READING WINTER SPRINGS,FLORIDA PUBLIC HEARING The proposed ordinance may be obtained by WILL BE HELD ON interested parties between 8 a.m. and 5 p.m., The proposed ordinance may be obtained by MONDAY,JANUARY 25,2016 Monday through Friday,at the City's Clerk's Office, interested parties between 8 a.m. and 5 p.m., AT 5:15 P.M.OR SOON THEREAFTER IN THE located at 1126 E. SR 434, Winter Springs, Monday through Friday,at the Ciry's Clerk's Office, COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL Florida.For more information,call(407)327-1800 located at 1126 E. SR 434, Winter Springs, 1126 EAST STATE ROAD 434 #227.Persons with disabilfties needing assistance Florida.For more information,cail(407)327-1800 WINTER SPRINGS,FLORIDA to participate in any of these proceedings should #227.Persons with disabilities needing assistance The proposed ordinance may be obtained by interested contact the Employee Relations Department to participate in any of these proceedings should parties between 8 a.m. and 5 p.m., Monday through contact the Employee Relatlons Department Friday,at the City's Clerk's Office,located at 1126 E.SR Coordinator,48 hours in advance of the meeting at Coordinator,48 hours in advance of the meeting at 434,Winter Springs, Florida. For mo�e information, call (407)327-1800,#236.This is a public hearing. (407)327-1800#227. Persons with disabilities needing (407)327-1800,#236.This is a public hearing. assistance to participate in any of these proceedings �nterested parties are advised that they may appear Interested parties are advised that they may appear should •contact the Employee Relations Department at the meeting and be heard with respect to the at the meeting and be heard with respect to the Coordinator, 48 hours in advance of the meeting at (407) 327-1800, #236. This is a public hearing. Proposed ordinance. If you decide to appeal any proposed ordinance. If you decide to appeal any Interested parties are advised that they may appear at recommendation or decision made by the Ciry recommendation or decision made by the City the meeting and be heard with respect to the proposed Commission with respect to any matter considered Commission with respect to any matter considered ordinance.If you decide to appeal any recommendation at this meeting, you will need a record of the or decision made by the City Commission with respect at this meeting, you will need a record of the proceedings,and fo'r such purposes,you may need a�record aofethe n roceedin tsh�andefornsuch u will need proceedings,and for such purposes,you may need to ensure that a verbatim record of the roceedin s p 9 purposes, to ensure that a verbatim record of the prpceedings p g you may need to ensure that a verbatim record of the —I is made upon which the appeaf is based. proceedings is made upon which the appeal is based. . is made upon which the appeal is based. Attachment " E " C1TY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES � PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY � REGULAR MEETING-JANUARY 6,2016 PAGE 4 OF 6 � Chazrperson HendeNSOn opened "Public Input". � No one spoke. � Chairperson Henderson closed "Public Input". � "I WILL MAKE A MOTION THAT WE FORWARD TO THE CITY COMMISSION FOR APPROVAL OF ORDINANCE 2016-04, WHICH PROPOSES A SMALL SCALE FUTURE LAND USE MAP AMENDMENT �. FROM RECREATION/OPEN SPACE TO COMMERCIAL FOR TWO (2) � PARCELS APPROXIMATELY 0.94 ACRES LOCATED AT 1080 NURSERY ROAD AS DESCRIBED IN ORDINANCE 2016-04." MOTION BY VICE- CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER PHILLIPS. � DISCUSSION. VOTE: VICE-CHAIRPERSON CASMAN: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER MILLER: AYE MOTION CARRIED. rusLic xEAx�rres 401. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board Consider Ordinance 2016-05, Which Proposes To Add De�nitions To The City Code Of Ordinances Related To Cottage Food Operations, And To Amend The City Code Of Ordinances Regarding The Regulation Of Cottage Food Operations In Order To Permit Them As A Home Occupation In The City. Mr. Bobby Howell, AICP, Senior Planner, Community Development Department discussed the Agenda Item and referenced Florida Statutes 500.80 - Cottage food operations. specifically. Mr. Howell noted that several residents had expressed a desire to start such home occupations and that Ordinance 2016-OS is limited to just food items. CONCERNING AGENDA ITEM "401" AND ORDINANCE 2016-05, "I MAKE A MOTION WE APPROVE IT." MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY CHAIRPERSON HENDERSON. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA � DRAFT MINUTES �-.,....� PLANNING AND ZONING BOARD/LOCAl,PLANNING AGENCY � REGULAR MEETING-JANDARY 6,2016 �� PAGE 5 OF 6 � � VOTE: �,� BOARD MEMBER MILLER: AYE �•n BOARD MEMBER PHILLIPS: AYE � VICE-CHAIRPERSON CASMAN: AYE � CHAIRPERSON HENDERSON: AYE MOTION CARRIED. REGULAR AGENDA - PART II �� REGULAR 502. Not Used REPORTS 600. REPORTS No Reports were given. PUBLIC INPUT Chairperson Henderson opened "Public Input". No one spoke. Chairpe�son Henderson closed "Public Input".