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07-13-1998 (Zoning Board of Adjustment) Agenda Packet Zoning Board of Adjustment un �wro. R egular Business Meeting JULY 13 , 1998 AGENDA Zoning Board of Adjustment WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 July 13, 1998 7:00 p.m. CALL TO ORDER INTRODUCTIONS 1. Board Re-appointments and New Members CONSENT AGENDA 1. Consider and Act Upon Approval of the Minutes from the November 13, 1997, Regular Business Meeting. PUBLIC HEARINGS 1. ZBA No. 98-01: Hold a Public Hearing and Consider and Act Upon a request from the City of Wylie for a variance to Article XII of the City of Wylie Code of Ordinances so as to waive the front yard landscape requirement for the City of Wylie Fire Station generally located along the east side of South Ballard Avenue just north of Alanis Drive, and being all of a 1.502 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. 2. ZBA No. 98-02: Hold a Public Hearing and Consider and Act Upon a request from the City of Wylie for a variance to Article XII of the City of Wylie Code of Ordinances so as to waive the front yard landscape requirement for the new City of Wylie Fire Station generally located along the west side of FM 1378 just north of Brown Street, and being all of a 7.505 acre tract of land situated in the G.W. Gunnell Survey, Abstract No. 351, City of Wylie, Collin County, Texas. ADJOURNMENT Posted Friday, July 10, 1998, at 5:00 p.m. 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 442-8100 OR TDD AT 442-8170. t City of Wylie ri Ci e Consent Agenda Item No. 1 Zoning Board of Adjustment Regular Business Meeting: July 13, 1998 Consent Item No. 1 RE: Approval of the Minutes from the November 13, 1997, Regular Business Meeting. 1. Consider approval of the Minutes from the November 13, 1997, Regular Business Meeting. Please note any changes or additions which need to be made. Minutes of the Zoning Board of Adjustments The Zoning Board of Adjustments met in a Called Business Meeting on November 13, 1997 at 7:10 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Highway 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, Marilyn Herrera, Ken Ryburn, Denise Mays, and alternates Jeff McCoy (voting member)and Weldon Bullock. ABSENT: Emily Hartwig- excused STAFF MEMBERS PRESENT: Mike Phillips -Building Official and Rebecca Rogers - Secretary. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes of the November 10, 1997 Regular Business Meeting. A motion was made by Marilyn Herrera, seconded by Ken Ryburn, to accept the minutes as presented. Motion carried, all in favor(5). PUBLIC HEARING ITEM NO. 1: Hold a Public Hearing to consider an appeal from Metroplex Multifoods, Inc. for a variance from the City of Wylie Zoning Ordinance"Sign Regulations" which requires a 20-foot maximum height for a general business pole sign. Chairman Clark opened the Public Hearing. Kenneth Durrett, 714 El Paso Street, Jacksonville,Texas was present to speak on behalf of Metroplex Multifoods. Mr. Durrett passed out pictures of the flag test that was conducted at 40 ft. and stated that 40 ft. was needed due to the visibility. Location, visibility and signage are all factors that make for a successful business, since they had a poor location and visibility from the highway, increased signage was necessary. When questioned about the use of a billboard along the highway, Mr. Durrett stated that Taco Bell has not had much success with billboards in the past. Illumination would not exceed 40 watts because the property is next to a residential neighborhood. Mr. Durrett stated that this would not be the biggest sign in Wylie, nor would it be the smallest. No signs could be placed at the Exxon because a fire lane surrounds it. This site would not be a viable location if the variance is not granted. Majority of business would be local and a small percentage would be passing through traffic. Larry Johnson,628 Stoneybrook Drive(owner of 805 Memorial Drive) and Nora Weyand, 2 Creekside Lane, were present to speak against the variance request for the following reasons: 1) no need to depart from the ordinances, 2) the property is very close to residential 3) there are vacant lots available elsewhere where a variance would not be required and 4) aesthetics. They would like to see Taco Bell come to Wylie. Henry Martinez, 2121 Quail Creek, Wylie was present to speak in favor of the variance request. He feels that no business wants to come to Wylie because it is too restrictive and that the city needs a business tax base to grow. Chairman Clark stated that 3 of 20 notices had been returned, 2 in favor, 1 opposed. Motion to deny variance was made by Marilyn Herrera, seconded by Denise May. Motion carried, all in favor(5). Variance denied. 1 ITEM NO.2: Hold a Public Hearing to consider an appeal from Metroplex Multifoods, Inc. for a variance from the City of Wylie Zoning Ordinance"Sign Regulations" which require a maximum allowed area pf 60 square feet for a general business pole sign. Kenneth Durrett stated that without the height variance approval there was really no point in having a larger sign. Larry Johnson, 628 Stoneybrook Drive, spoke again against the variance, that the ordinances are in place for a purpose and would really like to see Taco Bell come to Wylie. Variance was denied due to the lack of a motion. ADJOURNMENT A motion was made by Jeff McCoy, seconded by Denise Mays, to adjourn the meeting. Motion carried, all in favor(5). Respectfully submitted, Gerald Clark, Chairman Rebecca Rogers, Secretary Minutes filed on 11/14/97 at 11:30 a.m. 2 f bity:Of Wylie CITY OF WYLIE NOTICE OF BOARD ORDER Notice is given to: Kenneth Durrett c/o Metroplex Multifoods 101 E. Cherokee Street Jacksonville, Texas 75766 Certified Letter No: P 275 135 301 Concerning the property located at: 625 West Kirby Street, Wylie, Texas Abstract 267, E.C. Davidson Survey, Tract 7 Be advised that the Wylie Zoning Board of Adjustments has considered the evidence and testimony relevant to the above location and determined: • Your request for a variance from the City of Wylie Zoning Ordinance "Sign Regulations" which requires a 20-foot maximum height for a general business pole sign has been denied. This Order concerning this property is effective the 14th day of November, 1997. You may appeal this Order within ten(10) days. Paul M. Phillips, Building Official • 2000 Highway 78 North•Wylie.Texas 75098•(972) 442-8100• Fax(972)442-4302 i ° Oka Wylie • CITY OF WYLIE NOTICE OF BOARD ORDER Notice is given to: Kenneth Durrett c/o Metroplex Multifoods 101 E. Cherokee Street Jacksonville, Texas 75766 Certified Letter No: P 275 135 301 Concerning the property located at: 625 West Kirby Street, Wylie, Texas Abstract 267, E.C. Davidson Survey, Tract 7 Be advised that the Wylie Zoning Board of Adjustments has considered the evidence and testimony relevant to the above location and determined: • Your request for a variance from the City of Wylie Zoning Ordinance "Sign Regulations"which requires a maximum allowed area of 60 square feet for a general business pole sign has been denied. This Order concerning this property is effective the 14th day of November, 1997. You may appeal this Order within ten(10) days. Paul M. Phillips, Building Official 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax (972)442-4302 tit/. y of Wylie Public Hearing Item No. 1 ZBA No. 98-01 Zoning Board of Adjustment Public Hearing: July 13, 1998 Owner/Applicant: City of Wylie Location: Generally located along the east side of South Ballard Avenue just north of Alanis Drive Requested: Variance to Article XII of the City of Wylie Code of Ordinances so as to waive the front yard landscape requirement Summary: The regulations in Article XII, Section 22-438 (1) of the City of Wylie Code of Ordinances states that every lot within a nonresidential district shall provide a minimum of five percent (5%) of the lot area to be utilized for landscaping with at least one-half (2.5%) of the requirement being located in the front yard. The applicant is requesting a variance to the front yard requirement (2.5%) at this location and has stated that the literal enforcement of the provisions may present a public safety concern. Specifically, in order to provide emergency service, it is imperative that the apparatus operator have an unobstructed view while responding to emergency calls. Also, in order to comply with the front yard requirements, landscaping would have to be located within the existing apron or approach and, therefore, obstruct and hinder maneuvering space and access to the apparatus bays. The nonresidential landscaping requirements are designed to protect residential uses from potential intrusions caused by non-residential uses by providing an aesthetic buffer. Although the applicant is requesting a variance to the front yard requirement (2.5%), the intent is to incorporate additional landscaping within the side yards in order to ensure that five percent (5%) of the lot area is being utilized for landscaping as required. Specifically, the applicant has proposed a detailed landscaping plan that incorporates selected 2" caliper tress, 2 gallon Yaupon Hollies and Crape Myrtle's, 5 gallon Yaupon and Burford Hollies, and 5' potted planter beds (see attached site plan). Department of Planning, 07/09/98 98-01 Public Comment Forms were mailed to five (5) property owners within 200 feet of this request. No Public Comment Forms have been returned. Financial Considerations: The application fees have been waived. Staff Recommendation: Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Location Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Variance Request Application Excerpts from the Code of Ordinances Department of Planning, 07/09/98 _ r............4_,..,.......u.w.u.L..N...... , ,. . i 1 i \ 1 i 1 i i 1,a,+:7-k. 1r1,7____. 1 I 1 *-- ---- i--- ____ \ - - . II 1 I ! ! 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SCALE III = 40' .....,, 1NYL:E F.I ("ENTER L I NE OF 5ALLARD STREET , igtitiettitigtigillIT NOTIFICATION REPORT APPLICANT: City of Wylie APPLICATION FILE # ZB98-0001 2000 Hwy. 78 North Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS 5105 Skillman #220 1 Abst. 23 Tract 36 R-6023-000-0360-1 Fred Kern Living Trust Dallas, Texas 75206-4361 224 Meadowlark Lane 2 Abst. 23 Tract 38 R-6023-000-0380-1 Richard Nance Wylie, Texas 75098 2000 Hwy. 78 North 3 Abst. 23 Tract 39 R-6023-000-0390-1 City of Wylie (Applicant) Wylie, Texas 75098 6212 Wiscasset Road 4 Abst. 267 Tract 8-9 R-6267-000-0089-1 Virginia Foote &Catharine Frey Bethesda, MD 2081 6-21 1 8 210 S. McDonald Street 5 S. Ballard Avenue Collin County Commissioners Court McKinney, Texas 75069 NOTICE OF PUBLIC HEARING ZONING BOARD OF ADJUSTMENT An application has been received by the City of Wylie for a: PROPOSED LANDSCAPE VARIANCE Board of Adjustment Case Number: ZBA No. 98-01 Applicant: City of Wylie Location: Generally located along the east side of South Ballard Avenue just north of Alanis Drive Property Description: Being all of a 1.502 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23,in the City of Wylie, Collin County,Texas(See the attached Exhibit"A"for full legal description) Request: Request for variance to Article XII of the City of Wylie Code of Ordinances so as to waive the front yard landscape requirement. This public hearing is held to consider the application as an amendment to the Code of Ordinances of the City of Wylie,Texas. The request will be heard as follows: Zoning Board of Adjustment: Monday,July 13,1998,7:00 PM The public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll. All interested persons are encouraged to attend the public hearing and express their opinions on the variance request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. "EX-IBIT A" WHEREAS,the City of Wylie, is the owner of a tract of land situated in the Allen Atterberry Survey,Abstract No.23,in the City of Wylie,Collin County,Texas, and being all of that certain 1.502 acre tract of land,and being called al.5 acre tract described in a SPECIAL WARRANTY DEED to the City of Wylie,in Volume 1053,Page 876 of the Collin County Deed Records, and is more particularly described by metes and bounds as follows: BEGS'NE'G at a 3/4 inch iron rod found in the east right of way line(30 feet from centerline)of Ballard Street, and being the southwest corner of said 1.5 acre tract,and being the westerly northwest corner of a 15S.06 acre tract of land described in a • WARRANTY DEED in Volume 2991,Page 921 of the Collin County Deed Records, and being 321.6 feet,North of a 1/2 inch iron rod found at the intersection of the west line of said Ballard Street and the North right of way line of Alanis Dr., and said beginning 3/4 inch iron rod being the southwest corner hereof; THENCE North,with the east line of said Ballard Street and the west line of said 1.5 acre tract,220.00 feet,to a 3/4 inch iron rod found in concrete at the northwest corner of said 1.5 acre tract,being the southwest corner of a tract of land described in a DEED in Collin County Clerk File No. 95-0018290,called the Fred Kern Living Trust Tract,for the northwest corner hereof; THENCE North 89 deg. 57 rain. 40 sec. East,with the north line of said 1.5 acre tract, and the south line of said Fred Kern Tract, and at 3.8 feet pass a 3/4 inch iron rod found, and continuing for a total distance of 297.44 feet, to a 1/2 inch iron rod set zf the northeast corner of said 1.5 acre tract,being the northerly northwest corner of said 155.06 acre tract, and being the northeast corner hereof; THENCE South with the east line of said 1.5 acre tract,being a northerly west line of said 15S.06 acre tract, 220.00 feet to a 3/4 inch iron rod found at the southeast corner of said 1.5 acre tract,being a interior"ell"corner of said 15S.06 acre tract, and being the southeast corner hereof; THENCE South S9 deg. 57 min 40 sec. West,with the south line of said 1.5 acre tract, being a westerly north line of-said 15S C5 acre tract,297.44 feet to the place of begirt.-dng and calculated to contain 1.502 acres of land. • APPEAL TO THE BOARD OF ADJUSTMENTS • $100 FEE e, CITY OF WYLIE, TEXAS DATE: ._ll �� PLEASE TYPE OR PRINT USING BLACK INK • DATA RELATIVE TO VARIANCE REQUEST: • Street Address: / V O/ S. f3O //4 rat cu 1C .�) Zoning District: k Lot Number: / Block Number: / Addition: &1 f- 4 #1 • TO THE HONORABLE BOARD OF ADJUSTMENTS: Wylie Fire Department (972)442-R100 (Applicant) (Phone Number) 2000 N. Hwy. 78 wyl;p TX 75098 (Street Address City State Zip Code) In accordance with the provisions of the Zoning Ordinance, appeal is now made to the Honorable Board of Adjustments to grant the following variance request: Varience to the landscaping nrrdinancP requirement-nf_-•a frnnt yard • • In order to make a finding of hardship and to grant a variance, the Board of Adjustments must determine that all orthe following conditions are met. State how your request meets these conditions. Please note that the stated hardship shall not be financial nor self-induced. a. The requested variance does not violate the intent of the ordinance or its amendments: • No • Z , • b. Special conditions of restricted area, shape, topography, or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district: This proterty w;11 b ,s d fora 1a;ra Station and it c important for safety reasons that the apparatus operator have an unobstructed v;Pw while responding tn, and returning from emarger1ry calls • • c. The hardship is in no way the result of the applicant's own actions: No • d. The interpretation of the provisions in this ordinance or its amendments would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, that comply with the same provisions: The large ronrrete aprin required foN__aparar„s to pull in and n„r of the Gtatian will nor allow for the required ordinance percentages. p. 2 PLEASE CHECK ONE: 1 I will represent this variance request at the Board meeting. . I will not be able to represent this variance request at the Board meeting. My authorized presentative, who will reeuesc this variance before the Board of Adjustments is: stiU� c, �) ;�-� r,rt_ CkeY 92��(Nd -1i00 ., Name ` Phone Number d-O oO il . /w1 7f. wy/<- I ---, -78-0 %P Street Address City State Zip Code I do hereby certify that the above statements are true and correc t b t, y owledge. . /,•_-, Cy -- Siqe(r Applicant's Signature Date ' • STATE OF TEXAS COUNTY OF COLLIN Subscribed and sworn to before me this the t day of 6.,v 19 7e by who, on his/her oat certifies that e above statementp are true and correct to diet) is/her ga i i CAC( -iii (WeAL state at Texas ' 44 Comm.Expires 2-23-2002 Notary Public ****************************************************************************************** PLEASE COMPLETE THE FOLLOWING INFORMATION IF THE PROPERTY OWNER IS SOMEONE OTHER,THAN THE APPLICANT Property Owner Phone Number Street Address City , State Zip Code Tenant Name Phone Number • Street Address City State . Zip Code If the owner of the subject property is not the applicant, by signing below, the owner.,authorizes the applicant or his authorized representative to make this application on its behalf and to appear-before the Board. Owner Date • STATE OF TEXAS ' COUNTY OF COLLIN • ' Subscribed and sworn to before me this the day of . 19 , by , who, on his/her oath'certifies that the above statements are true and correct to the best of his/her knowledge. ' Notary Public BUILDINGS AND BUILDING REGULATIONS § 22-438 tion and approval of all pools constructed shall be (2) The city or the planning and zoning corn- withheld until all requirements of this section mission determines that development of have been complied with by the owner, purchaser the property warrants site plan approval. under contract, lessee, tenant or licensee. (Ord. No. 93-38, § I, 9-14-93) (Ord. No. 78-15, §XVII,4-18-78; Code 1991,ch. 3, Sec. 22-437. Screening. § 12.17) (a) The screening requirements established in this section shall be interpreted in conjunction Sec. 22-403. Fences in drainage easements. with,and supplementary to,other similar require- No fence shall be constructed within any drain- ments set out in this Code, as this Code now age easement in the corporate limits of the city exists or is hereafter amended,specifically includ- first deter- ing, without limitation, those dealing with unless the city engineer shall have mined and advised the building official, in writ- dumpster screening, and those required for sepa- ing, that he believes such fence shall, in all ration of nonresidential uses from residential probability, not interfere with or impair the nat- uses (the zoning ordinance). In the event of a ural flow of water across the drainage easement. difference between the provisions of this section (Ord. No. 78-15, §XVIII, 4-18-78; Code 1991, ch. and any other sections of the Code the more 3, § 12.18) stringent requirement shall apply. (b) When screening is required under this ar- ticle, the screening device shall be not less than Secs. 22-404-22-435. Reserved. six feet in height, unless otherwise specified, and shall be either decorative fence, masonry wall, earthen berm(maximum side slope of three to one ARTICLE XII. LANDSCAPE AND and covered with vegetation), or live screening(if SCREENING STANDARDS a solid visual screen three feet wide and six feet high will be established within two years of plant- Sec. 22-436. Application of article. ing). All screening devices and materials shall be aesthetically and architecturally compatible with (a) This article shall apply to all buildings and the materials and design of the site being devel- uses of land except single-family dwellings and oped. agricultural buildings when an application for a (c) The following uses and activities shall be building permit is made for the following construc- screened from adjacent property and public streets: tion: (1) Outdoor storage areas; (1) New construction; (2) Outside display of merchandise, if other- (2) Business renovations on an existing struc- wise allowable under city codes,adjacent to ture, valued at over$5,000.00 or additions the required front yard to a height of not of 800 square feet or more to the structure; less than three feet; and or (3) Primary refuse containers (dumpsters) in upon submission of a site plan as required by the nonresidential and multifamily uses shall city or the planning and zoning commission. be screened on three sides with an opening for access on the fourth side. (b) This article shall also apply to existing (Ord. No. 93-38, § I(A), 9-14-93) properties that are not subject to building permit requirements when: Sec. 22-438. Landscaping requirements in nonresidential districts. (1) There is a substantial change in the distin In nonresidential districts the following land- guishing traits or primary features of the scaping requirements shall apply: use of the building or land, as evidenced by increased parking requirements or a change (1) Required area. Every lot shall provide a in occupancy classification; and/or minimum of five percent of the lot area to CD22:17 §22-438 WYLIE CODE be utilized for landscaping. A minimum of Sec. 22-440. Recommended plant list. one-half of the required landscaping area The following trees and shrubs are recom- ........) shall be located in the front yard. Required mended for landscaping and screening purposes: landscaping area shall not include drive- ways,paved walks,or rights-of-way or ease- (1) Large trees: ments for streets or alleys. Where a fence Pecan or wall is required by ordinance, the fence Red Oak or wall may be located within the required landscaping area. Burr Oak (2) Visibility requirements. On any corner lot, Water Oak all landscaping,whether or not required by Southern Magnolias this article, shall be designed and main- Live Oak tained so that it shall not obstruct the vision of a motor vehicle driver approach- Bald Cypress ing any street, alley or driveway intersec- Bradford Pear tion. When a driveway intersects a public (2) Small trees: right-of-way, all landscaping within the tri- angular areas described in this subsection Yaupon Hollies shall provide unobstructed cross visibility Crape Myrtle at a level between 30 inches and nine feet Wax Myrtle above the street grade level. The visibility triangles shall be determined by projecting Cherry Laurel a line 15 feet along the street right-of-way Red Bud and 15 feet along the internal driveway Japanese Black Pine and connecting the ends of the two lines. Cedar Elm (3) Landscape elements to be utilized. All re- quired landscape areas shall consist of a (3) Evergreen shrubs: combination of trees, grass, shrubs,ground Red Tip Photinia cover and other live plant material such as Burford Holly those contained in the recommended plant list in section 22-440. The combination Nellie R. Stevens shall consist of at least one tree, ten feet Chinese Holly tall,or two trees not less than two inches in Yaupon Holly diameter, for each 1,000 square feet of required landscape area. Clearra (Ord. No. 93-38, § I(B), 9-14-93) Nandinnia Dwarf Crape Myrtle Sec. 22-439. Maintenance requirements. Japanese Ligustrum (a) All plant material shall be maintained at Waxleaf Ligustrum all times in a living and growing condition. Dead Abelia landscaping materials shall be replaced with like Junipers or similar materials. Barberry (b) Adjacent rights-of-way shall be kept mowed Asian Jasmine and properly maintained. Rights-of-way shall not Honeysuckle be included in the required percentage of land- scaped area. English Ivy (Ord. No. 93-38, § I(C), 9-14-93) Boston Ivy CD22:18 p/Pt_. of Wyli e Public Hearing Item No. 2 ZBA No. 98-02 Zoning Board of Adjustment Public Hearing: July 13, 1998 Owner/Applicant: City of Wylie Location: Generally located along the west side of FM 1378 just north of Brown Street Requested: Variance to Article XII of the City of Wylie Code of Ordinances so as to waive the front yard landscape requirement Summary: The regulations in Article XII, Section 22-438 (1) of the City of Wylie Code of Ordinances states that every lot within a nonresidential district shall provide a minimum of five percent (5%) of the lot area to be utilized for landscaping with at least one-half (2.5%) of the requirement being located in the front yard. The applicant is requesting a variance to the front yard requirement (2.5%) at this location (proposed new fire station) and has stated that the literal enforcement of the provisions may present a public safety concern. Specifically, in order to provide emergency service, it is imperative that the apparatus operator have an unobstructed view while responding to emergency calls. Also, in order to comply with the front yard requirements, landscaping would have to be located within the proposed apron or approach and, therefore, obstruct and hinder maneuvering space and access to the apparatus bays. The nonresidential landscaping requirements are designed to protect residential uses from potential intrusions caused by non-residential uses by providing an aesthetic buffer. Although the applicant is requesting a variance to the front yard requirement (2.5%), the intent is to incorporate additional landscaping within the side yards in order to ensure that five percent (5%) of the lot area is being utilized for landscaping as required. Specifically, the applicant has proposed a detailed landscaping plan that incorporates selected 2" caliper tress, 2 gallon Yaupon Hollies and Crape Myrtle's, 5 gallon Yaupon and Burford Hollies, 5 gallon Juniper's and Nandina's, 2 gallon Phontinia's, and 5' potted planter beds (see attached site plan). Department of Planning, 07/09/98 98-02 Public Comment Forms were mailed to nine (9) property owners within 200 feet of this request. No Public Comment Forms have been returned. Financial Considerations: The application fees have been waived. Staff Recommendation: Approval The Department's of Public Works,Fire, and Community Development concur with this recommendation. Attachments: Location Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Variance Request Application Excerpts from the Code of Ordinances Department of Planning, 07/09/98 [ ) (J\ L Millen i _ _ , 1 _ co SUBJECT PROPERTY (-7-\ _ • 1 1 LL ( J , , /_ West Brown S reet / + lis Mini _ ilk , tgit Lau Alb Ilifau.■► - 110*-.. _ -111ELMI IVIIIM ---1.. "111-Piik . _____ ,.\ v F_ < < Aka . !., „ .... . _.......,.,..; _is . _ •____03. • , [ mi . L1i ,.. iitiiil .. LOCATION MAP -',=,, -I 1 ZONING BOARD CASE #98-02 . . . �/:_ I I. fill 1 1 1 .. • • t\GI II IGl1Y LJt IVG / L7 _..—..—..—..—.._..— j • NW j r ,- - soo I ! Pctui Witherspoon ! Gicidys Swcinson r_ R-6351 —000-01 20-1 ! R-6351 -000-0080- 1 m00 1. 0 0 1 I 0 00 : Jvmes Pell CO 0 V I : R 6351 -000-0090 1 '0 0 �" 0 1 Novld yA 4y,tj7 s i,6„t,f,�,J{}[ ,110 ti.i. 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GI 121`: - NOTIFICATION REPORT APPLICANT: City of Wylie APPLICATION FILE # ZB98-0002 2000 Hwy. 78 North Wylie, Texas 75098 . # BLK/ABST TLOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS 645 FM 1378 1 Abst. 351 Tract 12 R-6351-000-0120-1 Paul Witherspoon Wylie, Texas 75098 605 FM 1378 2 Abst. 351 Tract 8 R-6351-000-0080-1 Gladys Swanson Wylie, Texas 75098 522 Arrowhead 3 Abst. 351 Tract 9 R-6351-000-0090-1 James Pell Richardson, Texas 75080-2302 511 Dogwood, P.O. Box 596 4 Abst. 351 Tract 2 R-6351-000-0020-1 Hampton Living Trust Wylie, Texas 75098 2000 Hwy. 78 North 5 Abst. 351 Tract 5 R-6351-000-0050-1 City of Wylie (applicant) Wylie, Texas 75098 P.O. Box 446 6 Abst. 22 Tract 6 R-6022-000-0060-1 Novid Properties, Inc. Josephine, Texas 75164-0446 Lake Ranch Estates 7465 Snow Mass Drive 7 Lot 5 R-0785-000-0050-1 Guy Vanstraelen Colorado Springs, CO 80908-2800 Lake Ranch Estates 7139 Brookshire Circle 8 Lot 6 R-0785-000-0060-1 Jagoda-Pyle Dallas, Texas 75230-4201 210 S. McDonald Street 9 FM 1378 Collin County Commissioners Court McKinney, Texas 75069 NOTICE OF PUBLIC HEARING ZONING BOARD OF ADJUSTMENT An application has been received by the City of Wylie for a: PROPOSED LANDSCAPE VARIANCE Board of Adjustment Case Number: ZBA No. 98-02 Applicant: City of Wylie Location: Generally located along the west side of FM 1378 just north of Brown Street Property Description: Being all of a 7.505 acre tract of land situated in the G.W. Gunnel Survey, Abstract No. 351, in the City of Wylie, Collin County,Texas(See the attached Exhibit"A"for full legal description) Request: Request for variance to Article XII of the City of Wylie Code of Ordinances so as to waive the front yard landscape requirement. This public hearing is held to consider the application as an amendment to the Code of Ordinances of the City of Wylie,Texas. The request will be heard as follows: Zoning Board of Adjustment: Monday,July 13, 1998,7:00 PM The public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. All interested persons are encouraged to attend the public hearing and express their opinions on the variance request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD) (972)442-8170 for assistance. "E.1EB1T A" WHEREAS,the City of Wylie,is the owner of a tract of land situated in the G W. Gunnel Survey,Abstract No 351,in the City of Wylie,Collin County,Texas, and being all of that certain 7 505 acre tract in the t land, Collin County Deed Records,and tract iamorbed in a DEED in Volume 817.Page 55 e particularly described by metes and bounds as follows: BEGINNLNG at 1/2 inch iron rod set at a fence post in the west right of way line of Farm to Market Road 1378 (45 ft. from centerline)being 198.37 feet,South 1 deg. OS min. 49 sec.East of a 1/2 inch iron rod found at the northeast corner of a called 7.50 acre tract described in a DEED in Volume 1110,Page 494 of the Collin County Deed Records,and said beginning iron rod being the northeast corner of said 7.5 acre tract, and being the northeast corner hereof; THENCE South 1 deg. 08 min.49 sec.East,with the west right of way line of said F.M. 1378 being the east line of said 7.5 acre tract a distance of 198.21 feet to a 1/2 inch iron rod found at the northeast corner of a called 30 acre tract described in a DEED in Collin County Clerk File No. 96-0016870,and being 268.61 feet,North 1 deg. 08 min.49 sec. West of a 1 inch pipe found in the west right of way line of said F. M. 1378 being the southeast corner of a 10 acre remainder tract,and said 1/2 inch found iron rod being the southeast corner hereof; THENCE South 89 deg. 36 min. 14 sec.West,with a fence being the south line of said 7.5 acre tract same being the north line of said 30 acre tract,at 5.00 feet a 1 inch iron pipe set in the new west right of way of F.M. 1378 as dedicated by this plat, and at 1,650.00 feet pass over a fence corner post and continuing for a total distance of 1651.33 feet to a 1/2 inch iron rod found at the southwest corner of said 7.5 acre tract being the northwest corner of said 30 acre tract and being in the east line of the Lake Ranch Addition as described in Cabinet C,Page 193 of the Collin County Plat Records, and said 1/2 inch iron rod being the southwest corner hereof; THENCE North,along a fence being the west line of said 7.5 acre tract,being the east line of said Lake Ranch Addition for a distance of 198.20 feet to a 1/2 inch iron rod found at the northwest corner of said 7.5 acre tract being the southwest corner of said 7.50 acre tract and being the northwest corner hereof; THENCE North 89 deg. 36 min 14 sec.East,with a fence being the north line of said 7.5 acre tract,being the south line of said 7.50 acre tract,at 1642 37 feet a 1 inch iron pipe set in the new west right of way line of F.M. 1378 and continuing for a distance of 1647.37 feet to the place of beginning and calculated to contain 7.505 acres of land. APPEAL TO THE BOARD OF ADJUSTMENTS • $100 FEE v CITY OF WYLIE, TEXAS • DATE:IIP 1� PLEASE TYPE OR PRINT USING BLACK INK DATA RELATIVE TO VARIANCE REQUEST: •• • Street Address: J/1'' . 1.37( Zoning District: 09. Lot Number: Block Number: / Addition: Gv FtO • *Z. TO THE HONORABLE BOARD OF ADJUSTMENTS: Wylie Fire Department • (972)442—R100 (Applicant) (Phone Number) 2000 N. Hwy. 78 Wylie TX 75098 (Street Address City State Zip Code) In accordance with the provisions of the Zoning Ordinance, appeal is now made to the Honorable Board of Adjustments to grant the following variance request: Varience to the landscaping nrdinanre requirrm'nr_ n_Jr•a frnnt yard In order to make a finding of hardship and to grant a variance, the Board of Adjustments must determine that all ()Nile following conditions are met. State how your request meets these conditions. Please note that the stated hardship shall not be financial nor self-induced. • a. The requested variance does not violate the intent of the ordinance or its amendments: No • b. Special conditions of restricted area, shape, topography, or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district: • This property will be used for a Fire Starinn and it iG impnrtan.t for safety reasons that the apparatus nperarnr have an ttnohstrurred view while responding tn, and returning frrim emergency ca_ttc_ • c. The hardship is in no way the result of the applicant's own actions: No • • • d. The interpretation of the provisions in this ordinance or its amendments would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, that comply with the same provisions: The large concrete aprin required for apparatus to pull in and nut of the Gtatio*t will not al1nw for the required ordinance percentages. p. 2 PLEASE CHECK ONE: I will represent this variance request at the Board meeting. I will not be able to represent this variance request at the Board meeting. My authorized representative, who will request this variance before the Board of Adjustments is: ��1,,�. � r�� G�,� -f 9 y14-2-- rob Name Phone Number mop fl. 7, -7ro9p Street Address Y City State Zip Code I do hereby certify that the above statements are true and corr b bes , knowledge. licant's ig ture Date • STATE OF TEXAS • COUNTY OF COLLIN Subscribed and sworn to before me this the 6 day of 17v(6. 19 q by , who, on his/her oath ertifies that/the above statem nts are true and correct to the 1;6 1�,r ; �/tilrf k�►r ►rtE . ,' Texas • I / ry Nota Public C L/V r ll�l I State of Notary Public os Comm.Expkes 2-23-2002 • ****************************************************************************************** PLEASE COMPLETE THE FOLLOWING INFORMATION IF THE PROPERTY OWNER IS SOMEONE OTHER=THAN THE APPLICANT Property Owner Phone Number• Street Address City State Zip Code • Tenant Name Phone Number • • Street Address City State . Zip Code If the owner of the subject property is not the applicant, by signing below, the owner:authorizes the applicant or his authorized representative to make this application on its behalf and to appear-before the Board. Owner Date • STATE OF TEXAS COUNTY OF COLLIN Subscribed and sworn to before me this the day, of . - 19 , by , who, on his/her oath certifies that the above statements are true and correct to the best of his/her knowledge. • Notary Public BUILDINGS AND BUILDING REGULATIONS §22-438 tion and approval of all pools constructed shall be (2) The city or the planning and zoning corn- withheld until all requirements of this section mission determines that development of have been complied with by the owner, purchaser the property warrants site plan approval. under contract, lessee, tenant or licensee. (Ord. No. 93-38, § I, 9-14-93) (Ord. No. 78-15, §XVII,4-18-78; Code 1991,ch. 3, Sec. 22-437. Screening. § 12.17) (a) The screening requirements established in this section shall be interpreted in conjunction Sec. 22-403. Fences in drainage easements. with,and supplementary to,other similar require- No fence shall be constructed within any drain- exists set out in this Code, as this Code now age easement in the corporate limits of the city exists or is hereafter amended,specifically includ- unless the city engineer shall have first deter- ing, without limitation, those dealing with mined and advised the building official, in writ- dumpster screening, and those required for sepa- ing, that he believes such fence shall, in all ration of nonresidential uses from residential probability, not interfere with or impair the nat- uses (the zoning ordinance). In the event of a ural flow of water across the drainage easement. difference between the provisions of this section (Ord. No. 78-15, § XVIII, 4-18-78; Code 1991, ch. and any other sections of the Code the more 3, § 12.18) stringent requirement shall apply. (b) When screening is required under this ar- ticle, the screening device shall be not less than Secs. 22-404-22-435. Reserved. six feet in height, unless otherwise specified, and shall be either decorative fence, masonry wall, earthen berm(maximum side slope of three to one ARTICLE XII. LANDSCAPE AND and covered with vegetation), or live screening(if SCREENING STANDARDS a solid visual screen three feet wide and six feet high will be established within two years of plant- Sec. 22-436. Application of article. ing). All screening devices and materials shall be aesthetically and architecturally compatible with (a) This article shall apply to all buildings and the materials and design of the site being devel- uses of land except single-family dwellings and oped. agricultural buildings when an application for a (c) The following uses and activities shall be building permit is made for the following construe screened from adjacent property and public streets: tion: (1) New construction; (1) Outdoor storage areas; (2) Outside display of merchandise, if other- (2) Business renovations on an existing strut wise allowable under city codes,adjacent to ture, valued at over$5,000.00 or additions the required front yard to a height of not of 800 square feet or more to the structure; less than three feet; and or (3) Primary refuse containers (dumpsters) in upon submission of a site plan as required by the nonresidential and multifamily uses shall city or the planning and zoning commission. be screened on three sides with an opening for access on the fourth side. (b) This article shall also apply to existing (Ord. No. 93-38, § I(A), 9-14-93) properties that are not subject to building permit requirements when: permit 22-438. Landscaping requirements in nonresidential districts. (1) There is a substantial change in the distin In nonresidential districts the following land- guishing traits or primary features of the scaping requirements shall apply: use of the building or land, as evidenced by increased parking requirements or a change (1) Required area. Every lot shall provide a in occupancy classification; and/or minimum of five percent of the lot area to CD22:17 §22-438 WYLIE CODE be utilized for landscaping. A minimum of Sec. 22-440. Recommended plant list. one-half of the required landscaping area The following trees and shrubs are recom am) shall be located in the front yard. Required mended for landscaping and screening landscaping area shall not include drive- ways,paved walks,or rights-of-way or ease- (1) Large trees: ments for streets or alleys. Where a fence Pecan or wall is required by ordinance, the fence Red Oak or wall may be located within the required landscaping area. Burr Oak (2) Visibility requirements. On any corner lot, Water Oak all landscaping,whether or not required by Southern Magnolias this article, shall be designed and main- Live Oak tained so that it shall not obstruct the vision of a motor vehicle driver approach- Bald Cypress ing any street, alley or driveway intersec- Bradford Pear tion. When a driveway intersects a public right-of-way, all landscaping within the tri- (2) Small trees: angular areas described in this subsection Yaupon Hollies shall provide unobstructed cross visibility Crape Myrtle at a level between 30 inches and nine feet Wax Myrtle above the street grade level. The visibility triangles shall be determined by projecting Cherry Laurel a line 15 feet along the street right-of-way Red Bud and 15 feet along the internal driveway Japanese Black Pine and connecting the ends of the two lines. (3) Landscape elements to be utilized. All re- Cedar Elm quired landscape areas shall consist of a (3) Evergreen shrubs: combination of trees, grass, shrubs,ground Red Tip Photinia cover and other live plant material such as Burford Holly those contained in the recommended plant list in section 22-440. The combination Nellie R. Stevens shall consist of at least one tree, ten feet Chinese Holly tall,or two trees not less than two inches in, Yaupon Holly diameter, for each 1,000 square feet of required landscape area. Clearra (Ord. No. 93-38, § I(B), 9-14-93) Nandinnia Dwarf Crape Myrtle Sec. 22-439. Maintenance requirements. Japanese Ligustrum (a) All plant material shall be maintained at Waxleaf Ligustrum all times in a living and growing condition. Dead Abelia landscaping materials shall be replaced with like Junipers or similar materials. Barberry (b) Adjacent rights-of-way shall be kept mowed Asian Jasmine and properly maintained. Rights-of-way shall not Honeysuckle be included in the required percentage of land- scaped area. English Ivy (Ord. No. 93-38, § I(C), 9-14-93) Boston Ivy CD22:18