Loading...
HomeMy WebLinkAbout4.A.2. Text Amendment to 11.81 Regarding Home Occupations, Ord. No. 901 Li.A. Consent Business St t;\.<()p} TO: Mayor and City Council FROM: Alex Sharpe, Planner DATE: 02/17/2015 SUBJECT: Text Amendment to 11.81 Regarding Home Occupations, Ord. No. 901 (B, F) Action Sought Adoption of Ordinance No. 901 - an ordinance amending City code 11.81 subd. 7. Home Occupations. Background On February 5, 2015 the Planning Commission offered it's recommendation to approve the amendment to City code 11.81 subd. 7. Home Occupations. In recent months staff has received several requests for Home Occupation permits. The current ordinance does not allow "the distribution or retail sales of merchandise produced off the site". Existing businesses have expressed concern with this provision in the past. Examples have been home hair salons that wish to sell hair products, or other secondary retail sales of products produced off site. Until the prominent use of internet sales websites such as EBay and Craigslist, this issue was not as applicable. Due to the ever increasing use and demand of these websites however, staff recommends removing the text in the existing ordinance, which limits the sale of goods produced off premise. A home occupation permit will still be required for these businesses and will be monitored through this permit. Staffs largest concern is the number of vehicles on site, or delivering/picking up products from the site. The existing ordinance states: "(s)hall not have any receipt or delivery of merchandise, goods or supplies except through the United States mail, similar parcel delivery service, or personal vehicles not exceeding 1 ton." Home occupation permits will be monitored closely, and if found to not be in compliance may be revoked. Recommendation On February 5, 2015 the Planning Commission recommended adoption of ordinance 901 - an ordinance amending City code 11.81 subd. 7. Home Occupations. Staff initiated this amendment to respond to changing market conditions and recommends adoption of the ordinance. Budget Impact None. Relationship to Vision This item relates to City Strategic Vision Goal B. Positively manage the challenges and opportunities presented by growth development and change. Staff has seen an increased number of requests for sales of products created off site through the home occupation permit. The growth of online sales and the use of computers at home has increased the desire and ability for home owners to market products and sell them at home without impact to neighboring properties. Requested Action The adoption of Ordinance No. 901, an Ordinance amending City Code 11.81 subd. 7 Home Occupations. Attachments: Ordinance 901 - Home Occupations ORDINANCE NO. 901 AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING AN AMENDMENT TO CITY CODE SECTION 11.81 SUBD. 7 (Home Occupations) WHEREAS, The City of Shakopee has proposed an amendments to section 11.81, General Provisions, subdivision 7of the Zoning Ordinance regarding Home Occupations and goods produced off site; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on February 5,2015, at which time all persons present were given an opportunity to be heard; and WHEREAS,the Planning Commission recommended that City Code Section 11.81, subdivision 7,be amended to include language permitting goods produced off-site on February 5, 2015; and WHEREAS,the City Council heard the matter at its meeting on February 17,2015; and THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 —That City Code Chapter 11 (Zoning) is amended to add the language as follows: Language which is underlined shall be added. Language which is struckthrough shall be deleted. 11.81 General Provisions Subdivision 7. Home Occupations. 1. The activity does not involve the warehousing, except incidental storage of merchandise offered for sale in connection with the home occupation.distribution-er retail sales of merchandise produced off the site; 2. The home occupation may be carried on by persons residing in the dwelling unit and not more than one employee who does not resident in the dwelling unit; 3. Shall provide off-street parking for the employee; 4. All material or equipment shall be stored within an enclosed structure; 5. Objectionable noise,vibration, smoke, dust, electrical disturbances, odors,heat, glare or other nuisance factors shall not be discernible at the property line; 6. The home occupation shall not create excessive automobile traffic within the neighborhood; 7. Shall not have any receipt or delivery of merchandise, goods or supplies except through the United States mail, similar parcel delivery service, or personal vehicles not exceeding 1 ton; and 8. May have outside off-street parking of no more than one (1) commercial vehicle or vehicle identified for business purposes,not to exceed one ton capacity which is used for both personal and business transportation. The vehicle shall be owned by and registered to an occupant of the property and parked in a screened location. 9. Shall meet the zone's off-street parking requirements for all vehicles. Section 2. The City Council adopts the following findings of fact relating to the request to modify the language in the City's zoning ordinance regarding permitting goods produced off-site to be sold by the home occupation permit holder. Criteria#1 That the original zoning ordinance is in error; Finding#1 There has been no evidence that the original zoning ordinance is in error. Technological advancement has increased the use of online sales from residential homes. Staff has seen an increase in the request to purchase and resell products produced off site. This use, when monitored with a home occupation permit is not in conflict with the intent of the underlying residential zones. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 There have not been significant changes in community goals and policies, however technology has created the ability to sell items online which does not increase traffic, or impact neighboring residential areas. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; Finding#3 There has been no evidence presented that either city-wide or neighborhood development patterns have changed. The proposed text amendment does not alter the character of development. Criteria#4 That the Comprehensive Plan requires a different provision; Finding#4 The Comprehensive Plan does not require a different provision. Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 2015. Brad Tabke, Mayor ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,2015.