05-17-1994 (Zoning Board of Adjustment) Agenda Packet AGENDA
ZONING BOARD OF ADJUSTMENTS
WYLIE MUNICIPAL COMPLEX
MAY 17, 1994
7:00 p.m.
CALL TO ORDER
PUBLIC HEARING
1 . Hold Public Hearing and consider an appeal from Donna and Charles
Beeler Jr. to the decision of the Building Official requiring the installation
of landscaping to be incorporated into the building site and
structure currently permitted at 141 Kristen Ln..
ADJOURNMENT
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MINUTES
The Board of Adjustments Commission met in a Business Meeting on May 17, 1994, at 7:00 p.m. in the
Training Room of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A
quorum was present and a notice was posted in the time and manner required by law.
COMMISSION MEMBERS PRESENT: Chairman Gerald Clark, Ray Capley, Marilyn Herrera, Robin
Messer and Michael Cole.
ABSENT: Jeff Payne
STAFF MEMBERS PRESENT: Inspectors, Wayne Morman and March Coover and Secretary, Kirsten
Fresh.
PUBLIC HEARING
ITEM NO. 1: Hold Public Hearing and consider an appeal from Donna and Charles Beeler Jr. to the decision
of the Building Official requiring the installation of landscaping to be incorporated into the building site and
structure currently permitted at 141 Kristen Ln. Chairman Clark opened the Public Hearing. Charles and
Donna Beeler, owners of the business at 141 Kristen Ln., spoke in favor of the appeal. They showed pictures
of landscaping of adjacent properties and of the landscaping already in place at 141 Kristen Ln. The lot is
in compliance of the "backyard" and tree requirements of the landscaping ordinance but they are
approximately 800 sqft. short on the required "front yard"ground cover. The Beelers then stated that the area
in question of ground cover is currently being used as parking area. This parking area is gravel with limestone
below it. They also stated that to take out the gravel and limestone completely would be very expensive and
that ground cover may not live due to limestone being there previously. The Board advised the Beelers that
in order for them to make a ruling in their favor they must first have to prove hardship and claiming that
compliance would be too expensive does not qualify. The Board also explained, what other properties have
done in the past or currently have in place can not have any bearing on how they rule on current issues.
Chairman Clark explained that the Beelers argument for the appeal did not meet any of the provisions the
Board is allowed in order to grant the appeal. Chairman Clark then closed the Public Hearing. Chairman
Clark asked for a motion, none was made. Chairman Clark then explained that in the absence of a motion
the appeal is denied. He, also, explained that any appeals to the decision of the Board of Adjustments are
to be filed with the District Court within 10 days.
ADJOURN: A motion was made by Ray Capley and seconded by Marilyn Herrera to adjourn. Motion
passed, all in favor (5 votes). Chairman Clark adjourned the meeting.
Respectfully Submitted:
Chairman, Gerald Clark Kirsten Fresh, Secretary
PUBLIC HEARING NOTICE
The Board of Adjustments will hold a public hearing on Thursday, May 12, 1994 at 6:30 p.m. in the
City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to
consider an appeal from Donna and Charles Beeler Jr. to the decision of the Building Official
requiring landscaping to be incorporated into the building site and structure currently permitted at
141 Kristen Ln. and further described as follows :
Lot 4, Block B , of the Creek Bend Industrial Park
As an interested property owner, you are encouraged to attend this meeting or notify the
Commission of your feelings regarding this matter in writing by returning the form below:
RE: B.O.A - D.& C. Beeler
Return this form to: Russell Wyman, Building Official
P.O.Box 428 Wylie, Texas 75098
I am in favor of the request for the reasons listed below
J I am opposed to the request for the reasons listed below
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PUBLIC HEARING NOTICE
The Board of Adjustments will hold a public hearing on Thursday, May 12, 1994 at 6:30 p.m. in the
City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to
consider an appeal from Donna and Charles Beeler Jr. to the decision of the Building Official
requiring landscaping to be incorporated into the building site and structure currently permitted at
141 Kristen Ln. and further described as follows :
Lot 4, Block B , of the Creek Bend Industrial Park
As an interested property owner, you are encouraged to attend this meeting or notify the
Commission of your feelings regarding this matter in writing by returning the form below:
RE: B.O.A - D.& C. Beeler
Return this form to: Russell Wyman, Building Official
P.O.Box 428 Wylie, Texas 75098
( I am in favor of the request for the reasons listed below
( I am opposed to the request for the reasons listed below
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PUBLIC HEARING NOTICE
The Board of Adjustments will hold a public hearing on Thursday, May 12, 1994 at 6:30 p.m. in the
City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to
consider an appeal from Donna and Charles Beeler Jr. to the decision of the Building Official
requiring landscaping to be incorporated into the building site and structure currently permitted at
141 Kristen Ln. and further described as follows :
Lot 4, Block B , of the Creek Bend Industrial Park
As an interested property owner, you are encouraged to attend this meeting or notify the
Commission of your feelings regarding this matter in writing by returning the form below:
RE: B.O.A - D.& C. Beeler
Return this form to: Russell Wyman, Building Official
P.O.Box 428 Wylie, Texas 75098
I am in favor of the request for the reasons listed below
1 I am opposed to the request for the reasons listed below
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ORDINANCE NO. 93-3�
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING SCREENING
AND LANDSCAPING STANDARDS FOR THE CITY, REPEALING ALL
CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council has determined in its legislative capacity that the installation
and maintenance of landscaping and screening are necessary to protect and enhance the
community's environmental, economic and aesthetic quality; and,
WHEREAS, adoption of appropriate landscaping and screening standards would be in
furtherance of the promotion of the public health, safety and general welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
The following provisions be, and they hereby are, adopted as the Landscape and
Screening Standards for the City of Wylie:
I. APPLICATION
A. These standards shall apply to all buildings and uses of land except single
family dwellings and agricultural buildings when an application for a building permit is made
for the following construction:
(1) New Construction
(2) Business renovations on an existing structure, valued at over $5,000.00 or
additions of 800 square feet or more to the structure.
or upon submission of a site-plan as required by the City of Wylie or the Planning and
Zoning Commission.
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B. These standards shall also apply to existing properties that are not subject to
building permit requirements when:
(1) there is a substantial change in the distinguishing traits or primary features of
the use of the building or land, as evidenced by increased parking requirements
or a change in occupancy classification and/or
(2) the City of Wylie or Planning and Zoning Commission determines that
development of the property warrants site plan approval
II. LANDSCAPING AND SCREENING REQUIREMENTS
A. SCREENING REQUIREMENTS
The screening requirements herein established shall be interpreted in conjunction with,
and supplementary to, other similar requirements set out in the Wylie City Code, as the same
now exists or is hereafter amended, specifically including without limitation those dealing
with dumpster screening (Chapter 11 Section 15), and those required for separation of non-
residential uses from residential uses (Chapter 12 Zoning Ordinance), and in the event of
difference between the provisions hereof and any other sections of the Wylie City Code the
more stringent requirement shall apply.
1. When screening is required hereunder the screening device shall be not less than six
feet in height (unless otherwise specified) and shall be either decorative fence, masonry wall,
earthen berm (maximum side slope of 3:1 and covered with vegetation), or live screening (if
solid visual screen three feet wide and six feet high will be established within two years of
planting); and all screening devices and materials shall be aesthetically and architecturally
compatible with the materials and design of the site being developed.
2. The following uses and activities shall be screened from adjacent property and
public streets:
a) outdoor storage areas
b) outside display of merchandise (if otherwise allowable under City Codes), adjacent
to the required front yard to a height of not less than three feet
c) primary refuse containers (dumpsters) - in non-residential and multi-family uses
shall be screened on three sides with an opening for access on the fourth side
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B. LANDSCAPING REQUIREMENTS
In non-residential districts the following landscaping requirements shall apply:
(1) Every lot shall provide a minimum of 5% of the lot area to be utilized for
landscaping. A minimum of one-half of the required landscaping area shall be
located in the front yard. Required landscaping area shall not include
driveways, paved walks, or right-of-way or easements for streets or alleys
where a fence or wall is required by ordinance, the fence or wall may be
located within the required landscaping area.
(2) Visibility requirements - on any corner lot, all landscaping, whether or not
required by the ordinance, shall be designed and maintained so that it shall not
obstruct the vision of a motor vehicle driver approaching any street, alley or
driveway intersection.
When a driveway intersects a public right-of-way, all landscaping within the
triangular areas described below shall provide unobstructed cross visibility at a
level between thirty (30) inches and nine (9) feet above the street grade level.
The visibility triangles shall be determined by projecting a line fifteen (15) feet
along the street right-of-way and fifteen feet along the internal driveway and
connecting the ends of the two lines.
(3) All required landscape areas shall consist of a combination of trees, grass,
shrubs, ground cover and other live plant material such as those contained in
the recommended plant list. The combination shall consist of at least one (1)
tree, ten feet (10') tall, or two (2) trees not less than two inches (2") in
diameter, for each one thousand (1,000) square feet of required landscape area.
C. MAINTENANCE REQUIREMENTS •
(1) All plant material shall be maintained at all times in a living and growing
condition. Dead landscaping materials shall be replaced with like or similar
materials.
(5) Adjacent right-of-way shall be kept mowed and properly maintained. Right-of-
way shall not be included in the required percentage of landscaped area.
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RECOMMEDED PLANT LIST
LARGE TREES SMALL TREES
Pecan Yaupon Hollies
Red Oak Crepe Myrtle
Burr Oak Wax Myrtle
Water Oak Cherry Laurel
Southern Magnolias Red Bud
Live Oak Japanese Black Pine
Bald Cypress Cedar Elm
Bradford Pear
EVERGREEN SHRUBS
Red Tip Photinia Asian Jasmine - -
Burford Holly Honeysuckle
Nellie R. Stevens English Ivy
Chinese Holly Boston Ivy
Yaupon Holly Liriope •
Clearra Monkey Grass
Nandinnia Virginia Creeper
Dwarf Crepe Myrtle Vinca
Japanese Ligustrum Mondo Grass
Waxleaf Ligustrum Ophia Pogon
Abelia Elaeagnus
Junipers purple Sage
Barberry
PROHIBITED TREES
Silver Maple Mulberry American Elm
Hackberry Cottonwood Willow
Green Ash Mimosa Sycamore
Arizona Ash Syberian Elm
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