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Planning commission forwards state‑law code changes to council but asks staff to revisit home‑occupation occupancy limit
Summary
Staff presented red‑line ordinance updates that align town code with recent state legislation on comprehensive zoning amendments, noise, and no‑impact home‑based businesses; commissioners asked staff to rework a proposed occupancy metric and to explicitly exclude household residents from the cap before council review.
Planning staff presented a package of red‑line revisions intended to align Flower Mound’s land‑development regulations with changes enacted by the Texas Legislature. The updates cover (1) notice and protest procedures for comprehensive zoning map amendments, (2) consolidation of noise rules into Chapter 34, (3) permitting of no‑impact home‑based businesses in residential zones, and (4) several clean‑ups to permitted‑use matrices.
Most changes mirror state statutory language, but commissioners focused on a proposed local occupancy cap for home occupations: staff’s draft would have limited the number of persons on the premises during the conduct of business to “one person per bedroom plus one.” Several commissioners raised practical and fairness concerns — citing daycare/state‑regulated activities, tax preparers, therapists, and homeowners who might host small classes or client visits — and asked staff to revise the metric (for example excluding family members, considering square footage or safety limits, or deferring to fire‑safety guidance).
The commission moved to recommend the package to council but explicitly excluded the proposed occupancy language so staff could return with a less restrictive, clearer approach that addresses safety, parking and neighborhood impacts. Staff and the town attorney said they would rework the occupancy definition and provide alternatives to present to council.
