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12-07-2010 (Planning & Zoning) Agenda Packet Planning & Zoning Commission • I December 7, 2010 Regular Business Meeting 7/1/1 Wylie Planning & Zoning Commission CITY OF WYLIE NOTICE OF MEETING I Regular Meeting Agenda Tuesday, December 7, 2010 — 6:30 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North Phillip Johnston Chair Ruthie Wright Vice-Chair David Dahl Board Member Jeremy Jordan Board Member Ramona Kopchenko Board Member Ron Smith Board Member Gilbert Tamez Board Member Renae 011ie Planning Director Charles Lee Senior Planner Jasen Haskins Assistant Planner Mary Bradley Administrative Assistant In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Chair and Commissioners request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Commissioners regarding an item that is not listed on the Agenda. Residents must provide their name and address. The Commission requests that comments be limited to three (3) minutes. In addition, the Commissioners are not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA A. Consider and act upon approval of the Minutes from November 16, 2010 Regular Meeting. December 7,2010 Wylie Planning and Zoning Regular Meeting Agenda Page 2 of 2 REGULAR AGENDA Action Agenda 1. Consider and act upon approval of a Site Plan for Aldi Wylie Addition, Lots 1 and 2, Block A creating a single commercial lot generally located on the north of FM 544 and approximately 800' east of McCreary Road. 2. Consider a recommendation to the City Council regarding a Replat for Aldi Wylie Addition, Lots 1 and 2, Block A creating a single commercial lot generally located on the north of FM 544 and approximately 800' east of McCreary Road. 3. Consider a recommendation to the City Council amending Zoning Ordinance 2006-04, Article 5, Section 5.1.J (Accessory Uses); allowing for and providing certain safeguards relating to Home Occupations. ZC2010-04 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 3rd Day of December, 2010 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed This page is intentionally blank Wylie Planning and Zoning Commission CITY OF WYLIE r Minutes Wylie Planning & Zoning Commission Tuesday, November 16, 2010—6:30 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Chairman Phillip Johnston called the meeting to order at 6:30PM. Present with Chairman Johnston were, Vice Chairman Ruthie Wright, Commissioner Jeremy Jordan, Commissioner David Dahl, Commissioner Gilbert Tamez and Commissioner Ron Smith. Commissioner Ramona Kopchenko arrived at 6:45PM. Staff present was Renae' 011ie, Planning Director, Mary Bradley, Administrative Assistant. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Jordan gave the invocation and Vice Chairman Wright led the Pledge of Allegiance. CITIZENS COMMENTS Chairman Johnston opened the Citizens Participation. With no one approaching the Commissioners, Chairman Johnston closed the Citizens Participation. CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the November 2, 2010, Regular Meeting. A motion was made by Commissioner Smith, and seconded by Commissioner Dahl, to approve the minutes from November 2, 2010 Regular Meeting, as submitted. Motion carried 6 —0. REGULAR AGENDA General Agenda Minutes November 16, 2010 Wylie Planning and Zoning Board Page 1 of 5 1. Consider, and act upon, amending PD 2000-22B & Concept Plan of the Estates of Creekside to decrease the front yard setback with the purpose of increasing the width of the main collector road into the subdivision, generally located south of Parker Road and approximately 1/2 mile west of Country Club Road. ZC 2010-05. Chairman Johnston stated that the item was tabled at the October 19, 2010. A motion was made by Commissioner Dahl, and seconded by Vice-Chairman Wright to remove the item from table. Motion carried 6-0. Ms. 011ie stated that there is no further action required. The applicant and staff are withdrawing the request for amending PD 2000-22B and Concept Plan of the Estates of Creekside to decrease the front yard setback with the purpose of increasing the width of the main collector road into the subdivision, generally located south of Parker Road and approximately 1/2 mile west of Country Club Road. ZC 2010-05. ActionAgenda 1. Consider and act upon approval of a Site Plan for Holland Hitch Addition, Lot 2R-1 creating a single industrial lot generally located on the southeast corner of S.H. 78 and Martinez Lane. Ms. 011ie stated that the Site Plan is on 22.42 acres, with 9.54 acres in the floodplain area. The property is zoned Light Industrial (LI) District. The exterior facade meets and/or exceeds the required design standards in Article 4 of the Zoning Ordinance. The dumpster will be screened by a seven (7) foot masonry wall with gates as an additional buffer from Martinez Lane. The user will be a non-hazardous inside industrial user. Sam Satterwhite, Applicant, Wylie Economic Development Corporation, stated that the tenant is Ascend Custom Extrusion. There will be studies made to confirm that the building is not in the floodplain, prior to construction and during construction. There will be no emissions from the chemicals inside the building, and nothing hazardous will be spilling into the creek. A motion was made by Commissioner Tamez, and seconded by Commissioner Jordan, to approve the Site Plan for Holland Hitch Addition, Lot 2R-1 creating a single industrial lot generally located on the southeast corner of S.H. 78 and Martinez Lane. Motion carried 6-0, with Commissioner Kopchenko abstaining due to arriving during the discussion. Public Hearing 1. Hold a Public Hearing and Consider a recommendation to the City Council regarding a Residential Replat for Bozman Farm Estates, Phase lA Addition. Subject property being Lots 15 and 16, Block F. Minutes November 16, 2010 Wylie Planning and Zoning Board Page 2 of 5 Ms. 011ie stated that the two lots total .405 acres and will create one residential lot. The property is zoned Planned Development (PD-2002-52) and was originally platted as Lots 15 and 16 of the Bozman Farm Estates, Phase lA Addition in April 2004. Ryland Homes deemed lot 16 as unbuildable due to an underground spring that was discovered on the property while trying to build a home in 2009. A residential dwelling occupies Lot 15 and would remain as the only inhabitable structure on the property. The applicant desires to expand the fence on Lot 15 to include Lot 16, thus making one combined lot. In accordance with State Law, forty (40) notifications were mailed out. Two responses were received in favor of the Residential Replat request and none opposing. Chairman Johnston opened the Public Hearing. Mr. Justin Terry, 1307 Valley Stream Drive, applicant for the Residential Replat, stated that the underground spring runs north/south. Mr. Terry gave a short summary of the history of Lot 16. Ryland Homes had attempted to construct a home, and got as far as the plumbing and then they pulled out when the spring was discovered. Homes on the abutting property have experienced some foundation problems due to what is believed to be from the underground spring. A couple of months ago, Mr. Terry contacted Ryland Homes and made an offer to buy the property. The lot will be landscaped and filled in with dirt. A sprinkler system has been installed and there have been no further issues with flooding or standing water. Chairman Johnston closed the Public Hearing. A motion was made by Commissioner Jordan, and seconded by Vice Chairman Wright, to recommend approval to the City Council for a Residential Replat for Bozman Farm Estates, Phase lA Addition. Subject property being Lots 15 and 16, Block F. Motion carried 7—0. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a request to rezone a tract from Agricultural/30 to Light Industrial (LI) on 2.971 acres (L.K. Pegues Survey, Abstract No. 703, Tract 3) generally located east of Hooper Road and south of Steel Road, more specifically 331 Hooper Road. ZC 2010-07. Ms. 011ie stated that the subject property is located at 331 Hooper Road and is currently zoned Agricultural/30. The property is currently being used for single-family homesteading and miscellaneous uses. The applicant is relocating and desires to rezone the property to Light Industrial (LI) District before putting the property on the market to sell. The abutting properties to the north, south, east and west are zoned Light Industrial, the property immediately to the north has been recently rezoned for light industrial uses, and across Hooper Road to the west is the recently completed New Heights Baptist Church. The applicant has provided a letter of intent that specifically references non-conforming structures and uses that will be discontinued and removed from the property by December 31, 2010. Minutes November 16, 2010 Wylie Planning and Zoning Board Page 3 of 5 The applicant was not present; however, when he met with Staff, he was very forthcoming about several non-conforming uses and structures on his property and his plans for those structures. The applicant's request for Light Industrial is acceptable subject to the following stipulations: 1. Current owner is allowed to continue residential uses in the main house ONLY until the property is sold. 2. When the applicant(current owner) vacates the property, ALL residential uses cease. 3. Any storage units or open storage uses that exist on the property after December 31, 2010 must conform to current codes or must be removed from the property. According to the State Law eleven (11) notifications were mailed, with no written responses returned opposing the request, and no written responses returned in favor of the request. The Commissioners discussed in length about the existing structures and main structures on the property. After the discussion, the Commissioners were in consensus to amend the first stipulation to include upon the sell of the property; the existing main structure shall be brought up to current codes or removed. Chairman Johnston opened the Public Hearing. Mr. Matthew Butschek, property owner on Country Club Road, spoke in opposition of the rezoning. Chairman Johnston closed the Public Hearing. A motion was made by Commissioner Dahl, and seconded by Commissioner Smith, to recommend approval to the City Council regarding a change in zoning from Agricultural/30 (A/30) District to Light Industrial (LI) on a 2.971 acre tract (L.K. Pegues Survey, Abstract No. 703, Tract 3) generally located east of Hooper Road and south of Steel Road, more specifically 331 Hooper Road, subject to termination of nonconforming uses, structures and noncompliant activities on the property, specified 1.) Current owner is allowed to continue residential uses in the main house only until the property is sold. Upon sell of the property the main residential structure must be brought up to current code and used according to the zoning or is removed. 2.) When the applicant (current owner) vacates the property, all residential uses cease. 3.) Any storage units or open storage uses that exist on the property after December 31, 2010 must conform to current codes or must be removed from the property. Motion carried 7 —0. Minutes November 16, 2010 Wylie Planning and Zoning Board Page 4 of 5 ADJOURNMENT A motion was made by Commissioner Tamez, and seconded by Vice Chairman Wright, to adjourn the meeting at 7:15PM. All Commissioners were in consensus. Phillip Johnston,Chairman ATTEST: Mary Bradley,Administrative Assistant Minutes November 16, 2010 Wylie Planning and Zoning Board Page 5 of 5 This page is intentionally blank I Pie: : Wylie Planning and Zoning Commission CITY OF WY LIE ........................................................._ AGENDA REPORT Meeting Date: December 7, 2010 Item Number: 1 Department: Planning Aldi Wylie Addition, Lots 1 Prepared By: Renae' 011ie Subdivision: and 2, Block A Date Prepared: 12/01/10 Zoning District: Commercial Corridor(CC) Site Plan, Landscape Plan& Exhibits: Elevation Subject Consider and act upon approval of a Site Plan for Aldi Wylie Addition, Lots 1 and 2, Block A creating a single commercial lot generally located on the north of FM 544 and approximately 800' east of McCreary Road. Recommendation Motion to approve a Site Plan for Aldi Wylie Addition, Lots 1 and 2, Block A creating a single commercial lot generally located on the north of FM 544 and approximately 800' east of McCreary Road. Discussion The property totals 2.0803 acres and will include a single storey 17,886 square foot grocery store. The Zoning Board of Adjustment granted the subject use a Variance to Section 5.2.F.14.c parking regulations of the Zoning Ordinance to reduce the required parking by 10 spaces. In accordance with the current zoning ordinance, General Merchandise of Food Store greater than 5,000 s.f. requires one parking space for every 200 s.f. of floor areas. Thus a 17,886 s.f. facility would require 90 parking spaces on site. QuikTrip fueling station/convenience store abuts the property to the east, and the Children's Lighthouse Daycare Center abuts the subject property to the west. The exterior façade meets and/or exceeds the required design standards set forth for non-residential/commercial developments. The exterior is constructed of modular brick and natural Coronado Belgin Stone on all facades. The applicant has achieved the desired design standards for articulation by projecting in height a tower to emphasize the entrance into the facility. A metal canopy will also be constructed as an architectural element at the entry. The site landscaping exceeds the minimum by nearly 20% (21,708 s.f.). The applicant is proposing several native Texas trees including Bald Cypress and Oaks along with Asian Jasmine ground cover. In lieu of a masonry wall enclosure surrounding the dumpster, the applicant is proposing a living screen.. Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. 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F.M. 544ROAD Gr IprA & McCREARY THE CITY OF WYLIE, TEXAS 7 F. M. 544 �a� BIGoftGEft D� 8s3re `1 •• BIN / C. HE t,5y DESIGN ry''DATE SCALE NOTESru'RLE9' NO. — .:..r L Pnr n iT 11+on0 ,30 D.P. 4RUE142 L-3 Ram. oz Ran RUHm R.Rr�n ro.0 EXTERIOR FINISHES SCHEDULEoW n� v 2 �� �° KEY MASE COwRlNo ,olusl0nAGE sw`AUGE SsnOWnfOR RE�REntf Ovly v0 sHAu ec urvOEas anaaEE ,4� wel O �enE Woe 4®o: m©® q DAVIDLNARRAMOR@ Au 0 °� A.I.A.ARCHTTBCT aow= ® Architects&Planners 0 mum emu RE DWG ANN 0 �xrRAe{,AO[ANC V ALUMINUM SLALE GRAY 0a0 �A3o-A30 y �I� y ' • i��-*minim, ro A3ouA3m. �n���l� �I� ��� .>a... RE ® nn ar �OM.R ,OxA„r c I.i � �� �� _._ �4,5 R«RS matta0�. SAX: 804,212.11.202 ' im Rua AVE aR® £.IS mac 0 eT BRIGHT... s �� — ._:_ 9j, �Ic' °o,�,'I m®o U.n Mon= Ro aE Pang r04 a3o E O �MA o wlnoow assxown on oreawxc; �s - R , —, �Illt- 'l ®, � RAARaRcu ArA o.aoo xrzrcuaEet RooArvoru R._ ��" �.. ..�, W� M�,'�x�$P� a �P4 � ', aa. TRR�nr.4.r A, PANEL 5 ®x ry aEva ArvrcErra Enua _ _ '., .. _ _ '' uE .RooR ns IE 53 NUMBERS MIN R tiY— .m .`- ... se cwiowcs® r ® DOPE POLLARD �` CX�b O b b d b®0 O b �b RE"` .,e,: ,,A,. ' obo ,nnR�x ® NImE Side Elevation Rr ,R,P . a ,,ALE.rR Id ® O— "1SE<,,. ry GALVANIZE) FACTO.NM. A3O sWMF. On,ROE On xnax n K Ow 0 ® c,e Rear Rr \ it! 0 BY SIGN R 0 000 _ SEE STRLICILRAL CM. ® s.��nYEna� ® I�j1111, �I lii�®Q 00 I. Q ®®® ® � If h'II�NI'® I I111� ®® Q Q o TaseAR CART BUMPER naRR�rE�RYn E — $, WN a { :. © w FACTORY PAINT PLATINUMx�� � �� � t ,: I i�,z, o FR.., FINISH -i . TAT` t - _ EXTERIOR Arc rc3 E ® I I � 0 L. II 11 Igli RE it 1I Ill In y i 111. ilk 11 I{ill��l�11-llll��itll,4 !I� I LI,I I��V � _ ,. 0 .. n -- 14 . r- .' L :- f 11.�]i III a._I 11 cexrox.TX raa0a SE EECTRICAL f { - --.. MO WESTSOURT Im OCONNECTION rarrorernnrsn "p owo. •. c. - R,�oE,nE ov�w+es. Q� _ rAx wa.R FLEX FAG.. ® !�E GRILL FACTORY.. Wxn �M�x n��o a3 ebb �.ana .O. syr o o o ���R O x,„,,,, �x °w� Q Side Elevation — eisT R.UK. J a p a 0 ., I sa (pEO 0 - O �Q 1- RAJ J OQ 00 ® O 0Lil a 0 t q ® o Q )0 Q ®"'jig �I 1111 I ® 0 Q - 0 4 o n�a �' -c c—� — s�N,O�7,1' KEC��III�I ® _ .,,,,,-,,,,,,,,a�s � a1 O is F. r q � I,. e.a -� ,, gib- .r _ � I— .� '�!� q 4® �i *" 11111 fill a NS b o $° ..� ® o® N.G. F ®�0 oobbo�� b 0 xowna AI'-' REw�a MIN.OR..N EiG - OFront Elevation RAI SCREEN wE Q 0 Q 49 ®® Q +il' 1 �I�1 1 111 I ���.as 0 „w • 4®® ®® ®r Q o0 4 I Ijii�) II. ,. ® O®� Q - :1,1 o___ s3 � 10i1 — ,4_ ut:- �o,� o.Te�' 1, -� `r I . I STORE MO.,.._.} -.,z.r- = €- am �v- ,"" ,,I,,* „ �I E�_ lE.Tx.i I u,i � I A201 bbcabo bosxowN ouu ERIORWING sc ATIONS ORear Elevation t LEIra A,.0 This page is intentionally blank ?At Wylie Planning and Zoning Commission CITY OF WY LIE ........................................................._ AGENDA REPORT Meeting Date: December 7, 2010 Item Number: 2 Department: Planning Aldi Wylie Addition, Lots 1 Prepared By: Renae' 011ie Subdivision: and 2, Block A Date Prepared: 12/01/10 Zoning District: Commercial Corridor(CC) Exhibits: Replat Subject Consider a recommendation to the City Council regarding a Replat for Aldi Wylie Addition, Lots 1 and 2, Block A creating a single commercial lot generally located on the north of FM 544 and approximately 800' east of McCreary Road. Recommendation Motion to recommend approval to the City Council regarding a Replat for Aldi Wylie Addition, Lots 1 and 2, Block A creating a single commercial lot generally located on the north of FM 544 and approximately 800' east of McCrea Road. Discussion The property totals 2.0803 acres and creates two (2) commercial/retail lots and was previously platted as Lot 2, Block 1 of the Children's Lighthouse Addition and Lot 2, Block 1 of the QT Eight Hundred Ninety Four Addition. The property is zoned Commercial Corridor(CC). The purpose of the Replat is to incorporate portions of the two previously platted additions into a single lot(Lot 1, Block A) for the development of Aldi's Grocery Store. A site plan for Lot 1, Block A is on the current Agenda. No plans have been submitted for Lot 2, Block A. However, a 30' access drive has been incorporated into Lot 2 for future development. Lot 1, Block A will be 2.0803 acres (90,618 S.F.) in size. Lot 2, Block A will be 2.1891 acres (95,357 S. F.) in size. QuikTrip fueling station/convenience store abuts the property to the east, and the Children's Lighthouse Daycare Center abuts the subject property to the west. The Replat complies with all applicable technical requirements of the City of Wylie. Approved By Initial Date Department Director RO 12/01/10 Page 1 of 1 z a VICINITY PAP 1 ,i NOT-T4-SCALE k $ E DALLAS1._�� C , g l F 0 G® N AREA A 11E i�c-- E �ANSfT LEGEND 1.. • . res #,,"'. ___ S76,SQ — N�sErgp R.xccc RUT Ararros cat&ccurrr TEXAS �a \ V [I 1 .. - 3 NOL , O, e,TNN Pin r� .m,s.,o �� _� �; �w �I #gFyl h�' OTES j E.TV �m� LOT$BLOCK A N N RECONFIGURE 0� R�OAE , eVr" s lag!AC. 1 & A NFL AnON En .W 0.34.PuT- / T TO PNES"' S Ovo926 !*.3,y;{S B9'SC'.if'W — iSY.\00' Y '�� }g XI I.BLOCK, 5 8930'3f"W 18528' -r-._——_ _ 'T of RN orzpNANa RE ARE BASED nUP s THE M !& J - i �NN NE ui unEs ANo a�pN�PENN r; 3g J we s HERE.ARE ens UPON E Pwvna:ume zoFOR>'"_ CHILDREN'S LIGHIHOUSE AMMONs AS RECORDED I. " n, I I T PRCr.T. PAGE 10 NT,TENA.s. 9 �_ �0 rARNEu ersnm tS ! c arcrs a N. IT 4r vff "duff mcH so.r.T aZILL—Nsi .aw w,:. cxi Rac.T.. D" °�,�,Nscu»vni[i unurc mnT_ n / ,er ms1' NORTHWEST COaKF of FOUNDERS PARK ELEVATION a, .ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY—FEDERAL ill 4 I e :' INSURANCE ADMINISTRATOR I LOT 1,BLOCK A �5, , Il / \o •, - s sssD ss'w-zar.DD "• PRO DOES NOT E0 WITHIN AN AREA a 100-re„R FLOOD. 20803 AC. 't�'P; 1 'NA 36 5/0'IR.RODS SET AI.61.1 LOT CORNERS UNLESS OTHERKSENOTED U k�f V6 oN �A�g. c r': '$ we -E Pc Tna �I 2 bl , `4 L o fp, u V `I - Rrs PLrti 5- z vec-r005 P r,e wr li __ f 2 ", I .�---Ao ,ems° � 5 A hm o Z 3 IM2Pp2 PRDOT. ) oT_ I�, _- Tszaio•,u�,W� a s_v.� _ s r_z �'c--__ -- .; "i I / ��,"PD T 7 PRELIMINARY 1 '\ N. E {�� RELEASED NOVEU2R 17 2010 FOR RENEW PURPOSES OWE.DNS _ (e. in) " P 6 .s5".Y" DOCUMENT SHALL NOT 8E RECORDED VON ANY PURPOSE POINT OF !m"N z,Ao .«a..,Pc rsm SO s a 'WFGIN ING a,.,, MARKET ®�,[� ROAD . IaQ. _ FARM #i ARK a T ,cL OT 2alr. FINAL PLAT . LOTS I & 2, BLOCK 'A' 1 Pill ALDI WYLIE ADDITION LOT 0,�,OApn0" 222 0 BEING A REPLAT OF 4.2694 ACRES OF LAND AND ALL OF PRC.OT. P.R0.0T / =.O.T LOT 2, BLOCK 1 OF CHILDREN'S LIGHTHOUSE ADDITION AS RECORDED IN VOL. 2007, PG. 107, P.R.C.C.T. AND ALL OF LOT 2, BLOCK 1 OF QT EIGHT HUNDRED NINETY FOUR ADDITION AS RECORDED IN VOL. 2009, PG. 348, P.R.C.C.T. (- MOSES SPARKS SURVEY, ABSTRACT NO. 849 OWNER: SURVEYOR: ENGINEER:: CITY OF WYLIE, COLLIN COUNTY, TEXAS ,,i GE CAPITAL FRANCHISE FINANCE CORP. DAVID R.PETREE,R.P.L.S. BURGER ENGINEERING,LLC 3 8377 E.HARTFORD DRIVE,SUITE 200 11015 MIDWAY ROAD 17103 PRESTON ROAD,SUITE-180N SCOTTSDALE,ARIZONA DALLAS,TEXAS,75229 DALLAS,TEXAS,75248 (214)358-4500 (972)630-3360 tl CONTACT:BRYAN M.BURGER,P.E. NOVEMBER 17, 2010 PAGE I OF 2 C-1.1 I Pie' Wylie Planning and Zoning Commission CITY OF WY LIE ........................................................._ AGENDA REPORT Meeting Date: December 7, 2010 Item Number: 3 Department: Planning Prepared By: Renae' 011ie Zoning Case Number: 2010-04 Ordinance, Brief History, Citizen Date Prepared: November 29, 2010 Exhibits: Comment Subject Consider a recommendation to the City Council amending Zoning Ordinance 2006-04,Article 5, Section 5.1.J (Accessory Uses); allowing for and providing certain safeguards relating to Home Occupations. ZC2010-04 Recommendation Motion to recommend to the City Council amendments to Zoning Ordinance 2006-04,Article 5, Section 5.1.J(Accessory Uses); allowing for and providing certain safeguards relating to Home Occupations. ZC2010-04 Discussion Home Occupations are currently allowed in the City and have been since the adoption of Ordinance No. 62-5 with somewhat restricted regulations. The Ordinance; as adopted in 1985, specifically did not allow customers to retrieve items from the business owner's residence. The current ordinance states that "there shall be no sale of merchandise which requires customers to go to the property". Today many consumers purchase items via the internet, telephone, or at product-sponsored home parties. Some of these transactions, due to State and Federal regulations, have additional steps in the process that necessitates the products being delivered to the sellers address and not to the customer who originally made the purchase. A change to the Home Occupation Ordinance would continue promoting entrepreneurship while maintaining the residential integrity of the neighborhood. As a result of the Joint Work Session held with the City Council and valuable citizen input, Council has remanded this item back to the Commission for review. Staff asks that the Commission also consider an exemption clause for In-home Day Cares that states: As defined by the Human Resource Code, Chapter 42 an "In-home Day Care" or a "Family home" that is certified, listed or registered with the State of Texas is exempt from this Ordinance, and governed by the rules and regulations of the State of Texas. Human Resources Code Chapter 42: Sec. 42 . 002 . DEFINITIONS . In this chapter: (9) "Family home" means a home that provides regular care in the caretaker' s own residence for not more than six children under 14 years of Page 1 of2 Page 2 of 2 age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time . The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. e) The exemptions provided by Subsection (b) of this section do not affect the authority of local, regional, or state health department officials, the state fire marshal, or local fire prevention officials to inspect child-care facilities . Approved By Initial Date RO 11/29/10 Department Director A Brief History on Home Occupations. 1. Home Occupations have been a part of Wylie since the 1962 Zoning Ordinance and defined as being clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character of the dwelling and offers no articles for sale except such as may be produced on the premises. Not more than one person outside the immediate family residing on the premises was allowed as an employee. Only a small name plate was allowed for advertising, but could not be larger than one square foot. This ordinance did list some uses that are considered home occupations. 2. Amendments were made with the adoption of the 1985 Zoning Ordinance. The primary changes were that no one living outside of the residence could be employed and the use does not offer, display or advertise any commodity or service for sale on the premises. The 1962 list of allowable home occupations was omitted. 3. In 2001 a major re-write of the Zoning Ordinance and new zoning districts were implemented. The Home Occupation regulations were written in more detailed, but did not include any primary changes or a list of uses. 4. Again in 2006, amendments to the text of the ordinance and official zoning map were adopted. However, no changes were made to the Home Occupation regulations. 5. The 2010 proposed amendments to the Home Occupation regulations would be somewhat less restrictive by allowing customers to retrieve previously purchased items from the residence of the business owner. The reason for this amendment was to recognize a move of home occupations into the arena of internet based businesses. Whereby, customers made orders over the internet or through a sales party and the item would then be shipped to the business owner for customer pick-up. Most sales would be delivered to the customer, but in some instances the order has to be shipped to the business owner. a°iarQ � ww(1 Zoning Ordinance ARTICLE 5 USE REGULATIONS SECTION 5.2 LISTED USES J. Accessory Uses 9. Home Occupation a. Definition: Home occupation means an occupation that is incidental to the primary use of the premises as a residence and conducted on the residential premises by a resident of the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:None, other than required for the primary structure. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) On-premise advertisements, signs or displays are prohibited. (2) The appearance of the structure shall not be altered, nor shall the occupation within the dwellings be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or by signs, or the emission of sounds,noises, dust, odors, fumes, smoke, or vibrations. (3) All employees shall be members of the resident family and shall reside on the premises. (4) There shall be no sale of merchandise which requires customers to go to the property. (5) Pedestrian and vehicular traffic will be limited to that normally associated with residential districts. (6) There shall be no outdoor storage of materials or equipment; no storage of toxic or hazardous materials, including ammunition and gunpowder, nor shall merchandise be visible from outside the dwelling. (7) The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (8) There shall be no use or storage of mechanical equipment not recognized as being part of normal household or hobby use. FROM : WYLIE PRINTING u OFC SUPPLY PHONE NO. : 972 442 1882 Oct. 26 2818 01:07PM PT October 26,2010 Thank you to the Council and Planning and Zoning for allowing me to present my view concerning home basec businesses. Let me begin with saying that you have a tough responsibility here. I know you will make the best decision based on all the information that you have. I have every confidence that you will make the necessary changes to the law based on protecting the majority and keeping the children of our neighborhoods safe, 1 urge you to keep our neighborhoods iooki s residential. I am for business in the home, many people rely on come business for their livelihood. But they do need to be"hidden" businesses. Being a"good neighbor"is commonalace for most people. But,for the few,it is not.The law needs to be strict enough to be able to enforce it when the fe',r encroach on the rights of their neighbors. We have 3 businesses.Two of which have people corning to our home. Until now,I was unaware of our brealerig a law. We breed golden retrievers which brings buyers to our home to pick out their puppy and later to pick up their guppy.To be good neighbors,we are careful to not infringe on our neighbors rights. Even thou it is our home,what we c)affects our neighbors.My husband repairs computers in our home.Occasionally someone will come to our home to rr.:ck a computer up.We have remodeled our home and our barn with our home businesses in mind.Our commercia'/retail business is on Highway 78,where it should be, in a commercial district.We have customer traffic for 10 hours day to the front of the store and employee parking in the back. Allowing employees to come to a residence to work is detrimental to a neighborhood.Adding employees meals a bigger company with more cars on the street. Because of our economic state, many of our homes already house more people who add to the amount of cars on the street. In some neighborhoods,an additional car for an employee would be parked in front of someone else's home all day long.Amend the law based on the older neighborhoods,where.-even one additional car might be too much.And then allow for a variance. individual exceptions Could be granted to Ian•er lot homes with more curb space or large driveways to handle an additional car.The variance could require a sma,'poll to be taken of the closest neighbors to make them aware of the additional activity in their area and to gain their ap.rovai. The clay care mom who watches children at home,already has 3—5 cars on the street twice a day. For her to s!dd an employee so she can double the amount of children,also doubles the neighborhood traffic.She is crossing the line to a commercial business.This is not being a good neighbor unless she has gained the approval of her neighbors and proved that to the city. Fight for the definition of residential. I urge you to restrict the vehicle parking and traffic. Protect our children who dart out between those parked cars chasing balls. Keep the neighborhoods looking green instead of a row of parked cars along both curbs. Thank you for your time to listen and consider my view. Donna R. Larson 972-442-2111 Wylie Printing&Office Supply Lone Star Golden Retrievers Wylie Printing Computer Repair