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03-26-2012 (Zoning Board of Adjustment) Agenda Packet Zoning Board of Adjustments CiT • March 19, 2012 March 26, 2012 Regular Business Meeting Wylie Zoning Board of Adjustment CITY OF WYLIE NOTICE OF MEETING I Regular Meeting Agenda Monday, March 26, 2012 — 7:00 pm Wylie Municipal Complex — Council Conference Room 300-100 Country Club Bill Baumbach Chair Kelly Price Vice-Chair F. Darnell Harris Board Member Linda Jourdan Board Member Karyn McGinnis Board Member Jason Potts Alternate Board Member Bryan Rogers Alternate 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.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexa,s'.gov. The Chair and Board Members request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the room 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 972.516.6020 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the February 20, 2012 Meeting. March 26,2012 Wylie Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2 AGENDA Public Hearing 1. Hold a public hearing to consider and act upon a request by Dr. Blake Switzer for a Variance to Section 5.5.A of the Zoning Ordinance requiring that all temporary uses operate 90 days or less within a one-year time frame, property being located at 2201 Country Club Road (ZBA 2012-02). ADJOURNMENT CERTIFICATION I certf that this Notice of Meeting was posted on this 23rd day of March, 2012 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.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed This page is intentionally blank 7411 Wylie Zoning Board of Adjustment CITY OF WYLIE r Minutes Zoning Board of Adjustment Monday, February 20, 2012 — 7:00 pm Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building 100 CALL TO ORDER Chair Bill Baumbach called the meeting to order at 7:00 p.m. and stated that a quorum was present. Board Members present were; Board Member Bill Baumbach, Board Member Kelly Price, Board Member Karyn McGinnis, and Board Member Darnell Harris. Staff members present were: Renae' 011ie, Planning Director, Charles Lee, Senior Planner, Jasen Haskins, Assistant Planner, and Mary Bradley, Administrative Assistant. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the August 15, 2011 Meeting. A motion was made by Board Member Jourdan, and seconded by Board Member Harris, to approve the Minutes from the August 15, 2011 Meeting as submitted. Motion carried 5 — 0. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Barbara Adcock/Kevin Freudiger for a Variance to Section 4.3 F.1.a(1) of the Zoning Ordinance requiring the base materials for non-residential buildings be constructed of a masonry product with at least 20% stone on the front façade, property located at 130 Kristen Lane, Lot 3, Block A of the Creek Bend Industrial Park Addition. (ZBA 2012-01). Minutes February 20, 2012 Wylie Zoning Board of Adjustment Page 1 of 5 Mr. Haskins stated that the applicant is requesting two variances with the request. The first request is challenge to staff's interpretation for the use and the second request is for base materials for non-residential buildings. Staff has determined that the structure is of non-conforming status, meaning that the structure does not meet the current building code standards within the Zoning Ordinance. Staff has also determined that the existing use is not the same use as the type proposed. Therefore, the structure shall be brought up to date with the current requirements from the Zoning Ordinance design standards. The applicant believes the use is the same as the existing. The current use is JC Ornamental, which is an iron fence company. The Certificate of Occupancy was approved in 2007, light assembly fabrication use. The applicant believes their use is similar, as an electrical company. If the Board decides that the use is similar to the existing use, the structure would continue as legally non-conforming structure, and would not be required to meet the current building code and Zoning Ordinance standards. However, improvements could still be mandated, according to Article 8, Section 8.4 of the Zoning Ordinance. If the Board agrees with staff's interpretation then the applicant is seeking a variance to the building materials requirement of the Ordinance. The current Zoning Ordinance requires all commercial buildings to be constructed of a masonry product with stone accents. The existing building has a metal exterior finish. The applicant is proposing to improve the building by applying a masonry product of brick, stone, faux stone or stucco on the front façade, and masonry wainscot three to four feet high on the sides and rear of the building. The applicant also proposes to upgrade the landscaping in the front of the building. The proposal does not meet the requirements of the Zoning Ordinance. Public Comment forms were mailed to twelve property owners, as required by State Law. Seven comment forms were returned, two within the notification area, one in favor and one in opposition of the opposition. Five comments were received in favor of the request but are outside the 200 feet notification area. Board Member Harris questioned the use, existing and proposal. Ms. 011ie stated that the existing use is categorized as a Light Assembly Fabrication (JC Ornamental). The applicant's use by Staff's categorizing is Contractor's Maintenance Yard (DFW Electric Group). Mr. Kevin and Mrs. Kelyn Freudiger, 1319 Brundidge Drive, Wylie made a presentation comparing the existing JC Ornamental Company and the proposed DFW Electric Group, at 130 Kristen Lane, stating both are similar in their uses. DFW Electric Group will go out and install major electrical and the existing business installs fencing. The internal business is similar in terms of preparation for the installation. DFW Electric Group does very little residential contracting, but the majority is commercial or industrial contracting. The fabrication will be done on site and off site. On December 23, 2011, our initial appeal to the city was presented with description of use of the building is as follows: we are a commercial and industrial electrical contractor; we do service work, service construction and new construction electrical product. In-house prior going to the jobs, we do manufacturing and assembly of motor control centers, motor control Minutes February 20, 2012 Wylie Zoning Board of Adjustment Page 2 of 5 cabinets, manufacturing and assembly of light and control panels, custom built light fixtures to the owners specific designs, allocate staging materials for upcoming projects, pre-fabricate threaded conduit, as well as house company trucks and equipment. This is clearly same as any construction company would do. On December 27, 2011, we received a letter from the city stating that we were deemed as Contractor's Maintenance Yard versus Light Assembly and Fabrication, while we respect that decision there was no basis of understanding of the reason. The building is a metal building with no brick ledge, and would not support putting one in and cause significant problems down the road. Mrs. Freudiger further proposed a full masonry façade on the front of the building with stone accent, updating the landscaping in the front of the property, as well as a three to four feet masonry wainscot along the sides and rear of the building. Chair Baumbach asked for the definition of Contractor's Maintenance Yard and the definition of Light Assembly Fabrication. Mr. Haskins gave the definitions as provided within the Zoning Ordinance. Mr. Haskins stated that the existing company, welding, painting and a process of fabrication the iron. Mr. Freudiger stated that there is a lot of ridged industrial work, which is threaded conduit, natural gas installations. He went into more details of pre-fabrication industrial work, and how unique their typical electrical contractor and feels their classification is more Light Assembly and Fabrication than Maintenance Contractor's Yard. Board Members Harris questioned the percentage of the business is done at the site. Mr. Freudiger stated ideally would like to see 60 percent at the shop. The threaders weigh over 150 pounds per 10 feet stick. Board Member Jourdan questioned the percentage of fabrication versus the rest of the business. Mr. Freudiger stated that their forte is natural gas industry, and they do not advertise for residential repairs/installation. On the fabrication side, one to two guys at the shop, and eight guys out in the field installing, and the fabrication is based on level of skill. Board Member Harris questioned if someone off the street could come purchase an item off the shelf. Mr. Freudiger stated that most of the customers come in and ask for specific designs to be constructed. Mr. Lee complimented Mrs. Freudiger with excellent presentation. He further stated that the staff was intrigued with their uses, one factor was intensity. Staff determination was the existing use and the proposed use from the applicant is not the same, and the structure is legally non-conforming. Chair Baumbach questioned the hardship. Mr. Freudiger stated that the building was designed to structurally support or engineered any type of masonry on it. The building will withstand the masonry now, but not long-term due to water coming in between the ledge and the metal. The life of the building will be decreased substantially on the long-term factor if another element is put on top of a twenty-year metal building. Minutes February 20, 2012 Wylie Zoning Board of Adjustment Page 3 of 5 Ms. 011ie went more into detail of the definition between Light Assembly and Fabrication, under the heading of industrial, meaning welding and using raw materials. The Contractor's Maintenance Yard is wholesale and storage, whereas providing a service and taking product to customer. Chair Baumbach questioned if the building was destroyed, and could it reconstructed as it is now. Ms. 011ie stated that if the building was to burn or be destroyed, in order to be reconstructed, it would have to be constructed of a masonry product with at least 20 percent stone on the front façade. Approved masonry materials include, but are not limited to brick, stone, cast stone, decorative concrete, concrete block, stucco or cementitious fiberboard. Tilt wall construction is permissible in LI and HI districts. Board Member Jourdan asked if the board could require the applicant to do a front façade and not encase the whole building with masonry. Mr. Haskins stated that stipulations could be made within the motion, and stating if the board agreed with interpretation of the use. Mr. Freudiger stated that if the Board agreed with Staff, in that the building is to remain in Legally Non-Conforming Status, the sprinkler would not have to be installed. If a sprinkler system would cost up to $50,000 dollars. Ms. 011ie stated that sprinkler system is strictly Fire Marshall. The Fire Marshall was contacted, and based on size of the building and if the Board deems the use continuing as the existing, they would not be required to install a fire sprinkler system. Chair Baumbach opened the Public Hearing. With no one approaching the Board, Chair Baumbach closed the Public Hearing. A motion was made by Board Member Price, and seconded by Board Member McGinnis, to GRANT the overturning staff definition and Grant the proposed front façade masonry product, with three to four feet wainscot around the sides and rear of the building, as well as update the landscaping. Motion failed 2 — 3. A motion was made by Board Member Harris, and seconded by Board Member McGinnis, to GRANT the request for a variance to Article 4, Section 4.3.F.1.a.(1) of the Zoning Ordinance for Design Standards for building materials, to allow 100% masonry product of brick, stone, faux stone or stucco on front façade, and masonry wainscot three to four feet high on the sides and rear of the building; as well as additional landscaping in the front of the building. The Board Denied the challenge and agreed with Staff on the interpretation as a Legally Non- Conforming status and classified the use as a Contractor's Maintenance Yard. Motion carried 4 -1. Minutes February 20, 2012 Wylie Zoning Board of Adjustment Page 4 of 5 ADJOURNMENT A motion was made by Board Member Harris, and seconded by Board Member Jourdan, all Board Members were in consensus, and the meeting adjourned at 8:20p.m. Bill Baumbach, Chair ATTEST: Mary Bradley, Secretary Minutes February 20, 2012 Wylie Zoning Board of Adjustment Page 5 of 5 This page is intentionally blank Wylie Zoning Board of Adjustment CITY OF WY LIE ........................................................._ AGENDA REPORT Meeting Date: March 19, 2012 Item Number: 1 Department: Planning Case Number: 2012-02 Prepared By: Jasen Haskins Project Location: 2201 Country Club Road Gateway Community Church Date Prepared: March 13, 2012 Subdivision Name: Addition Location Map, Applicant Exhibits including Site Plan, Notification List and Map Exhibits: with Responses. Subject Variance to Section 5.5.A of the Zoning Ordinance requiring that all temporary uses operate 90 days or less within a one- year time frame,property being located at 2201 Country Club Road. Discussion The subject property is Lot 1, Block A of the Gateway Community Church Addition located at 2201 Country Club Road. The subject property is owned and occupied by Gateway Community Church and is zoned as a Planned Development(PD 2008-22). The applicant is currently requesting a variance of Section 5.5.A which states that a temporary use only operate for a time period of 90 days or less. The applicant is requesting the use of two prefabricated metal portable buildings for a period of three years. The applicant has enclosed a draft site plan and a letter of explanation for the request. The reason for this request is that Gateway Community Church is experiencing rapid growth.Planning has been initiated for additional facilities (Phase II)but temporary portable buildings, as a potential temporary option for additional religious gathering space,is needed. CONSIDERATIONS The Board has approved similar requests in the past; each with varying time allowances however each ZBoA case has its own merit. The Board can deny the Variance request, grant it as requested, or grant the Variance for a shorter amount of time if deemed appropriate. Public comment forms were mailed to 17 property owners within 200 feet of this request, as required by State Law. One response was received in favor, and none in opposition. The Board shall not grant a variance to the development code which: (1) Permits a land use not allowed in the zoning district in which the property is located; or (2) Is in the public right-of-way or on public property; or (3) Alters any definition of the development code; or Page 1 of 2 Page 2 of 2 ZBOA 2012-02 (4) Is other than the minimum variance that will afford relief with the least modification possible to the requirements of the development code; or (5) Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably make practicable the formulation of a general regulation to be adopted as an amendment to the development code; or (6) Is based exclusively on findings of personal or financial hardship. In order to grant a variance to the development code the Board shall find that all the following have been satisfied: (1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition particular to the affected property; (2) That because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of the development code; (3) That due to such unique physical circumstances or conditions, the strict application of the development code would create a demonstrated hardship; (4) That the demonstrable hardship is not self-imposed; (5) That the variance if granted will not adversely affect the proposed development or use of adjacent property or neighborhood; (6) That the variance,if granted will not change the character of the zoning district in which the property is located; (7) That the variance,if granted is in keeping with the intent of the development code; and (8) That the variance,if granted will not adversely affect the health, safety or welfare of the citizens of Wylie. 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Ise 1rnn 111!r �1I111�� � ' w'C+ ;�� �����rw�•�'�I� 111�I111 .1111n11 C' ''''`''`f�r i iin1$� ,�1�� r„r z s InII1I . ,� w E^"1111111l l \ 1--•YT- �j._I�I. — 1r rl In mi ��'i�f 4 C:a�'�,,, � !� mum�/ I- n3 - t•� '" •••�'y�� " rII 111lInIN Y/ '-, i 5 i. �► 7- ...-za'„1�� i�+•. Ma-,a MUM,iiii - I.Lill 1 tnll�lt11111 :, .Ti•.. . 1 �r[rrrmrnrl� . ♦ �I �;y� # 11I1InI1I11," s, ` PM WEN, ! ` t-_ ‘1I 11I�111#I4►+ :;:' 1 it 3 mnIS mminu /1 MIME p�llllilr i L1T1 nnnum ra :IIIIIIIIIi mina I1r.- rSEIM El llama ' a , 1 nmin■ `rd 1 _ IIIIIIII zi 1K•r[lnn10 1 " '-_I_r. _7__, ,Hi I,,,I -,ili,,l,,'„/ .^� . r 1 i 1y f !' C C'ftC#Yllr^ I _ LOCATION MAP ZBA CASE # 2012-02 Request for Variance Gateway Community Church In October 2010 Gateway Community Church opened its 14,000 square foot facility adjacent to Smith Elementary at 2201 Country Club Road in Wylie, Texas. The initial building was designed to accommodate significant growth that was anticipated once the church opened its door. As expected, Gateway has grown significantly — from an average of just around 375 in attendance just before moving into the building to an average of 550 in attendance in January 2012. Because Gateway is a church filled with young families, much of the growth has come from children who are under the age of 12. As a result of current growth, Gateway faces an issue over overcrowding in preschool and elementary school classes. Part of the church's master plan is to build a second phase that will at least double the amount of worship space and classroom space for children. At this time, however, building phase 2 is unnecessary. The church simply needs more classroom space for young children. The best solution is to install two 24x64 modular buildings that will face each other with a common deck between them. These two modular buildings will alleviate current overcrowding while allowing room for continued growth. The proposed modular units are high-quality units and will be placed in an area that will not detract from the property's drive-up appeal. A fact sheet on the proposed units is included with this application. Gateway appreciates your consideration of a 3-year variance that will enable the church to alleviate overcrowding until the building of phase 2. IEL I Parisr Md.1 I ill 49 ACRES i III ALEXES E,MONROE i . IA' Ladawas Ea ErAIEN:A °AI I e Stididn22.-4094.PAGE 2830 i . . I ,.._ .....,. A i 133,72222. 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Ballard Avenue 2 Blk A I Lot 1 I R-9439-00A-0010-1 Wylie ISD Wylie, Texas 75098 Gateway Community Church Gateway Community Church 606 Althea Drive 3 Blk A Lot 1 R-9703-00A-0010-1 of Murphy Wylie, Texas 75098 Cascade Apartments 1800 Valley View Lane#300 4 Blk A Lot 1 R-8199-00A-0010-1 Cascade Apartments, Ltd. Dallas, Texas 75234-8945 Riverchase#1 1601 Stonecrest Trail 5 Blk A Lot 1 R-4594-00A-0010-1 Ricci Scamardo Wylie, Texas 75098 Riverchase#1 PO Box 231 6 Blk A Lot 2 R-4594-00A-0020-1 Lakeiah Cheatham Wylie, Texas 75098 Riverchase#1 1605 Stonecrest Trail 7 Blk A Lot 3 R-4594-00A-0030-1 Steven Kloza Wylie, Texas 75098 Riverchase#1 1607 Stonecrest Trail 0 8 Blk A Lot 4 R-4594-00A-0040-1 Richard Jamroszczyk Wylie, Texas 75098 Riverchase#1 1609 Stonecrest Trail 9 Blk A Lot 5 R-4594-00A-0050-1 Justin White Wylie, Texas 75098 Riverchase#1 1611 Stonecrest Trail 10 Blk A Lot 6 R-4594-0OA-0060-1 Maysa Wanbayor Wylie, Texas 75098 Riverchase#1 1613 Stonecrest Trail 11 Blk A Lot 7 R-4594-00A-0071 October Hernandez Wylie, Texas 75098 Riverchase#1 1615 Stonecrest Trail 12 Blk A Lot 8 R-4594-OOA-0080-1 Douglas Cohron Wylie, Texas 75098 Riverchase#1 1701 Stonecrest Trail 13 BIk A Lot 9 R-4594-00A-0090-1 Richard Panko Wylie, Texas 75098 Riverchase#1 1703 Stonecrest Trail 14 BIk A Lot 10 R-4594-OOA-0100-1 Ricardo Azzolini Wylie, Texas 75098 Riverchase#1 1705 Stonecrest Trail 15 BIk A Lot 11 R-4594-00A-0110-1 Bobby Hawkins Wylie, Texas 75098 Riverchase#1 1707 Stonecrest Trail 16 BIk A Lot 12 R-4594-0OA-0120-1 Randy Stephens Wylie, Texas 75098 517 Highland Boulevard 17 Abst 716 Tract 23 R-6716-001-0230-1 Estate of Alfred Monroe Richardson, Texas 75081-4269 18 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case#2012-02. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2012-02. Date,Location&Time of Planning&Zoning Commission meeting: Monday,March 19,2011,7:00 pm Municipal Complex,300 Country Club Road,Building 100, Wylie,Texas Name; /e/.."PrAt A7,00 0.: i',,Y (please print) Address: :'" 'COr'n ,, ° 0,1e Signature: ,.. Date: �r'KK , * COMMENTS: