10-12-2010 (Planning & Zoning) Agenda Packet Wylie Planning & Zoning Commission
CITY OF WYLIE NOTICE OF MEETING
I
Special Meeting Agenda
Tuesday, October 12, 2010 - 6:00 pm
Wylie Municipal Complex - Council Chambers
2000 Highway 78 North
Phillip Johnston Chairman
Ruthie Wright Vice-Chairman
Jeremy Jordan Board Member
David Dahl 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.
JOINT WORK SESSION
Hold a Joint Work Session with the City Council to discuss amendments to Zoning Ordinance 2006-04,
Article 5, Section 5.1.J (Accessory Uses); allowing for and providing certain safeguards relating to Home
Occupations.
ADJOURNMENT
October 12,2010 Wylie Planning and Zoning Special Meeting Agenda Page 2 of 2
CERTIFICATION
I certify that this Notice of Meeting was posted on this 8th Day of October, 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
11;'. Wylie City Council
AGENDA REPORT
CITY OF WYLIE
Meeting Date: October 12, 2010 Item Number:
(City Secretary's Use Only)
Department: Planning
Prepared By: Renae' 011ie Account Code:
Date Prepared: October 1, 2010 Budgeted Amount:
Exhibits:
Subject
Hold a Joint Work Session with the Planning and Zoning Commission to consider amendments to Zoning Ordinance
2006-04, Article 5, Section 5.1.J(Accessory Uses); allowing for and providing certain safeguards relating to Home
Occupations.
Recommendation
Direction
Discussion
At its September 14th meeting it was directed by Council to hold a joint work session with the Planning and
Zoning Commission to further discuss amendments to Section 5.1.J Accessory Uses, 9, as it relates to Home
Occupations.
Home Occupations are currently allowed in the City with somewhat restricted regulations, specifically not
allowing customers to retrieve items from the business owner's residence. As written in the ordinance, pick up
of such items as cosmetics, candles, firearms and books are currently prohibited. 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.
The intent is not to simply make this an open-ended market where residential neighborhoods would begin to resemble
commercial districts. Therefore, certain safe-guards are proposed to insure that residential neighborhoods continue to
maintain a residential character and not allow an over-abundance of traffic that is not customarily associated with single-
family dwelling areas.
The primary change in text removes the statement that there shall be no sale of merchandise which requires customers
to go to the property,
and replaces it with:
sales from orders previously made by telephone, internet or at a previously held off-site sales party may be filled on the
premises.
Page 1 of 2
Page 2 of 2
Planning Commission Discussion
The Commission discussed at length whether or not requirements and/or regulations should be put in place regarding the
inside use of a dwelling unit. Initially staff proposed to limit the space dedicated for home occupation to 10%of the total
floor area including the garage. As an example, if the property owner resides in a 2,000 s.f. home, 200 s.f. can be
dedicated as a home occupation; or on a smaller scale, a 900 s.f. home could dedicate 90 s.f. to the home occupation.
These numbers roughly equate to one room (typically a bedroom or a living room). However, after much debate, the
Commission directed staff to remove this clause from the proposal.
Additionally,the Commission also eliminated the clause that all employees shall be members of the resident family and
shall reside on the premises. The Commission voted to replace the clause with No more than 3 additional employees on
the premises who need not be residents of the premises.
City Council Discussion
Council discussed at length the recommendation to allow additional employees in the home that reside outside of the
residence. They also discussed whether there should be a limit to the amount of square footage that could be designated
for a home occupation.
Consideration:
- By definition, Home Occupation is 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. In essence, without
specifying a certain percentage, a home occupation could occupy up to 49% of the total floor area and remain in
conformance with the ordinance.
- Number of employees allowed to work on the premises who do not reside in the home.
- Residential property owners using exterior garage space for commercial auto repair.
- Allowing merchandise pick-up from a home business.
Approved By
Initial Date
Department Director RO 10/01/10
City Manager