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02-21-2005 (Zoning Board of Adjustment) Agenda Packet AGENDA Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, February 21, 2005 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the January 24, 2005 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Terry Rowe for a variance to Section 2.5.4(b) of the Zoning Ordinance to allow an accessory building (horse barn) on a 5 acre agricultural tract without a main structure, this property being located at 1500 Kreymer in the Francisco de la Pina Survey. (ZBOA Case No. 2005-04). 2. Hold a public hearing to consider and act upon a request by the City of Wylie for a variance to Section 5.5(A) Temporary Uses of the Zoning Ordinance to extend the maximum 90 day temporary time period to three (3) years to allow for a portable building to expand office space, this property being located at 2000 Highway 78 North, Abstract No. 688-2, Tract 195 of the Francisco de la Pina Survey. (ZBOA Case No. 2005-05). 3. Hold a public hearing to consider and act upon a request by the City of Wylie for a variance to Section 5.5(A) Temporary Uses of the Zoning Ordinance to extend the maximum 90 day temporary time period to three (3) years to allow for a portable building to expand office space, this property being located at 949 Hensley Lane, Abstract No. 193, Tract 5 of the I. Clifton Survey. (ZBOA Case No. 2005-06). ` �111I1111!/!!7' °°°° O F / " k 1"/ins f 4 N' ("/"E",°;';' / Po ed Friday, February 18, 2005 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. Zoning Board of Adjustments ;471, .. City of Wylie February 21 , 2005 Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, February 21, 2005 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the January 24, 2005 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Terry Rowe for a variance to Section 2.5.4(b) of the Zoning Ordinance to allow an accessory building (horse barn) on a 5 acre agricultural tract without a main structure, this property being located at 1500 Kreymer in the Francisco de la Pina Survey. (ZBOA Case No. 2005-04). 2. Hold a public hearing to consider and act upon a request by the City of Wylie for a variance to Section 5.5(A) Temporary Uses of the Zoning Ordinance to extend the maximum 90 day temporary time period to three (3) years to allow for a portable building to expand office space, this property being located at 2000 Highway 78 North, Abstract No. 688-2, Tract 195 of the Francisco de la Pina Survey. (ZBOA Case No. 2005-05). 3. Hold a public hearing to consider and act upon a request by the City of Wylie for a variance to Section 5.5(A) Temporary Uses of the Zoning Ordinance to extend the maximum 90 day temporary time period to three (3) years to allow for a portable building to expand office space, this property being located at 949 Hensley Lane, Abstract No. 193, Tract 5 of the I. Clifton Survey. (ZBOA Case No. 2005-06). ` �111I1111!/!!7' °°°° O F / " k 1"/ins f 4 N' ("/"E",°;';' / Po ed Friday, February 18, 2005 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. MINUTES Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, January 24, 2005 7:00 p.m. Notice was posted in time and manner required by law, and a quorum was present. Board Members Present: Staff Members Present: Weldon Bullock Claude Thompson Jeff Ellis Renae 011ie Marilyn Herrera Mary Bradley Mitch Herzog Linda Jourdan Layne LeBaron Jan Sargent CALL TO ORDER Chairman LeBaron called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the December 7, 2004 Meeting. A motion was made by Ms. Sargent, and seconded by Ms. Herrera, to approve the minutes as submitted. Motion carried 5 — 2, with Mr. Herzog and Mr. Ellis abstaining. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting January 24, 2005 Page 2 of 5 PUBLIC HEARING 1. Hold a public hearing to consider and act upon a request by Larry DeBerry for a variance to Section 3.3(B)(3) Townhouse District Development Standards of the Zoning Ordinance to reduce the required lot width from 30 feet to 25 feet, and to reduce the required lot size from 3,500 minimum square feet to 3,300 minimum square feet, this property being located at 415 N. Jackson, Lot 2D, Block 3 in the Russell Addition. (ZBOA Case No. 2004-17). Thompson stated that the property was originally platted as single Lot 2, Block 3 of the Russell No. 1 Addition, and later divided into Lots 2B, 2C, 2D, and 2E. The subject property is Lot 2D. The subject property measures approximately 135 feet deep by 50 feet wide totaling approximately 6,748 square feet in area. The applicant desires to replat the lot to accommodate townhouse. When replatted, the lot will not be large enough to comply with the 3,500 square feet minimum required for attached dwellings. Therefore, the applicant is requesting to reduce the required lot width from 30 feet to 25 feet, and to reduce the required lot size from 3,500 minimum square feet to 3,300 minimum square feet. Two (2) comment forms out of fourteen (14) property owners within 200 feet of the subject property were returned, and one (1) form favoring and one (1) form opposing the request for a variance. The subject property will require replatting, and each lot will have an area of 3,374 square feet. Larry DeBerry, 8277 Private Road 5397, Nevada, Texas 75173, applicant/developer for the subject property, stated that the request to move the lot width from 30 feet to 25 feet will maintain the required five feet side yard setback on either side. The properties to the north and south are developed as duplexes except for the properties adjacent on either side of the subject property. The intent is to build a duplex on the subject property and in the future, when the time is right build duplexes on the two adjacent properties. A motion was made by Ms. Herrera, and seconded by Mr. Herzog to GRANT the request for a variance to reduce the lot width to 25 feet and will maintain the five feet side yard setback on either side. Motion carried 7 — 0. ZBOA Commission Meeting January 24, 2005 Page 3 of 5 2. Hold a public hearing to consider and act upon a request by Robert and Rosemary Love for a variance to Section 11.3(1)(c) of the 1985 Zoning Ordinance to reduce the required rear yard from the required 25 feet to 20.85 feet, this property being located at 500 Crenshaw Drive, Lot 1, Block D of the Meadows of Birmingham Phase 2 Addition. (ZBOA Case No. 2005-01). Thompson stated that the subject property was created in April of 2003 with the platting of Phase 2 of the Meadows of Birmingham Addition. A rear yard setback of twenty-five feet is required in the Single-Family-3 (SF-3) Residential District. The rear exit of the subject residence is by a single door, opening on to a paved patio which measures 10 feet by 20 feet. This door faces east and receives a majority of the direct sun. An uncovered porch extends from the rear wall of the residence ten feet, and the proposed 20 feet width is a minimal measurement to cover the paved porch area. Public comment forms were mailed to twenty (20) property owners within 200 feet of the request and three comment forms returned all in favor of the request. Robert and Rosemary Love, 500 Crenshaw Drive, the applicants/property owners of the request, stated that the patio cover will measure 10 feet by 20 feet, which will cover the existing concrete slab with built-in gutters for drainage. A motion was made by Ms. Sargent, and seconded by Ms. Jourdan, to GRANT the variance of 20.85 feet. Motion carried 7 — 0. 3. Hold a public hearing to consider and act upon a request by Stephen C. Averill for a variance to Section 9.2 (11) of the Planned Development District (PD 99-32) to reduce the required street-side side yard from the required 20 feet to 17.71 feet, this property being located at 1530 Lynn Drive, Lot 3, Block C in the Creekside Estates Phase 1 Addition. (ZBOA Case No. 2005-02). Thompson stated that the subject property was zoned in October of 1999 as Creekside Estates Addition as a Planned Development District 99-32. The conditions of the PD require a side yard setback of twenty (20) feet when a side yard is adjacent to a side street. The subject property is located on the northeast corner of Lynn Drive and Glenwood Drive. The applicant is requesting that the side yard that faces Glenwood Drive be reduced by two feet four inches to allow for a 2,500 square feet home. The requested variance is 11 percent from the required setback. The southern property line narrows from a front property line width of 94.25 feet to 63.44 feet wide at the rear property line. The back portion of the property contains a 68.52 foot drainage easement. ZBOA Commission Meeting January 24, 2005 Page 4 of 5 The southeast corner of the house will be 17.71 feet from the side property line, encroaching 2.08 feet into the required setback or a variance of 11 percent of the required 20 feet side yard depth. Steve Averill, Bowen Family Homes, 131 S. Tennessee, McKinney, Texas, represented the home builder of the subject development, stated that the subject property is the last lot in phase 1 of Creekside Estates Addition, and is currently occupied by a construction trailer which is surrounded by a fence. The construction trailer will be removed and a single family dwelling of 2,500 square feet will be constructed. A motion was made by Ms. Jourdan, and seconded by Mr. Bullock, to GRANT the request for a variance to reduce the required street-side yard to 17.71 feet. Motion carried 7 — 0. 4. Hold a public hearing to consider and act upon a request by Jay Cullar for a variance to Section 4.2(A) of the Zoning Ordinance to reduce the required front yard setback from 50 feet to 25 feet, and to reduce the rear yard setback from the required 25 feet to 24 feet, this property being located South of Alanis Drive at Martinez Lane, and north of Glen Knoll Mobile Home Park. (ZBOA Case No. 2005-03). Thompson stated that the request is being brought by the City of Wylie and Jay Cullar is speaking as the City's Right-of-Way Agent on behalf of the City. The subject property fronts to the south of Alanis Drive. The property is zoned Business Center (BC) District, which requires a front yard of fifty (50) feet and rear yard of twenty-five (25) feet. The widening and improvements of Alanis requires additional right-of-way from the subject property approximately seventy-five (75) feet deep and one thousand three hundred seventy (1,370) feet long. The City's Right-of-Way Agent has determined that this purchase will create a remnant lot which is too small to accommodate the setback required by the BC zoning. Therefore, the city, on behalf of the owner, is requesting a variance to reduce the front yard setback from fifty (50) feet to twenty-five (25) feet and to reduce the required rear yard setback of twenty-five (25) feet to twenty-four (24) feet. Jay Cullar, 11615 Forest Central Drive, Suite 205, Dallas, Texas, represented as the Right-of-Way Agent for the City of Wylie, stated that the improvements to Alanis significantly impact the subject property, and creates a hardship for the property owner where the appraisers for the City of Wylie have determined that the property with the current zoning setbacks is undevelopable or an un-economic remainder. This creates two problems, the City of Wylie would have to purchase the entire property, and second, the property would be removed from the future tax base of the city. Only after applying for variances for setbacks could the property be developable and have some use in the future. ZBOA Commission Meeting January 24, 2005 Page 5 of 5 To clarify the measurements, the property is 200 feet deep, the City of Wylie is acquiring 80 feet off the front of the property, and leaving the property with only 120 feet. With the current setbacks the property would only have 20 feet, which is not enough to sustain economic activity of any kind. The Board Members discussed in length the use and the future development of the road. Mr. Cullar stated that no development is planned at this time, but the economic activity development would conform to the Business Center Zoning. A motion was made by Ms. Sargent, and seconded by Mr. Herzog, to GRANT the variance to reduce the front yard setback from fifty (50) feet to twenty-five (25) feet and to reduce the required rear yard setback of twenty-five (25) feet to twenty-four (24) feet. Motion carried 6 — 1, with Mr. Bullock voting in opposition. ADJOURNMENT With no further business to discuss, a motion was made by Ms. Sargent, and seconded by Ms. Jourdan, to adjourn the meeting at 8:30PM. `Layne LeBaron, Chairman Ma Bra ey, Secretary iVI Public Hearing Item No. 1 City of wytie ZBOA No. 2005-04 Zoning Board of Adjustment Public Hearing: February 21, 2005 Owner/Applicant: Terry Rowe Location: 1500 Kreymer, Tract 217, Abstract No. 688-5. Request: Variance to Section 2.5.4.b of the Zoning Ordinance to allow an accessory agricultural building on a 5.0 acre agricultural lot without a main structure. Background: The subject property is zoned Agriculture, and is 5 acres in size. The owner proposes to construct an accessory agricultural building (horse barn) of approximately 1,150 square feet. There is currently no residential dwelling or main structure on the property. The main structure (residence) will be constructed at a later date, when the owner sells his current residence elsewhere. Agricultural accessory building is defined by the Zoning Ordinance as "incidental to a principle building and are allowed by right on lots of two (2) acres or larger. Section 2.5.4.b provides that accessory structures on lots of two (2) acres or more may not exceed three thousand (3,000) square feet. Section 5.3 states that accessory buildings shall comply with the area requirements of Article 3 — Residential District Regulations. The proposed accessory building complies with these regulations. Section 8.4(E)(4)(b) of the Zoning Ordinance provides that the Zoning Board of Adjustments may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. In order to grant a variance to the development code the Board shall find that all the following have been satisfied: ZBOA 2005-04 (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. Considerations: 1. The owners wish to install a barn and move horses on to the property prior to construction of the main residential structure which will be built upon the completion of selling their current residence. The barn will remain after construction of the residence, there by being defined as accessory. 2. Horse raising could be considered a bonafide principle use of the property whereby the barn would be defined as principle rather than accessory. However, the proposal clearly envisions the horse-orientation as an accessory to the ultimate residential use and only temporarily the single or principle structure on the site. 3. The accessory building will comply with all requirements of the Zoning Ordinance and Building Code, except that there will be no main structure on the property. 4. Public comment forms were mailed out to ten (10) property owners within 200 feet of this request, as required by State Law. No comment forms had been received at the time of this posting. Attachments: Location Map Site Photos Notification List with Responses and Map Site Plan -- I 1 I I I ( F Sutler's Mil Donna Drive 72 j lollE rivo i _ ? I c 5ll o ri= o� 1 Jl1IlHIl xeR,�>e n 1 1 il 1I 1 � �. j Gold Hill a rive AIM. ITIn 11111 I IIi IaC4yC� r .. i la) I 1 j I a 1 a i i i� A i I Subject _.._.._.. r me Cabt Drlve I Property i 1 iiuimgb . [ -. .8111 111 E East Oak Street 1,..11111111111111111111 11111au [ 1I� 1 r ; i i i i i i i i i i i 1 i 1 i I - i i i 1 ! I t 1 i L _. ._.._. 1 LOCATION MAP ZBA CASE #2005-04 Public Hearing Item No. 1 ZBOA Case No. 2005-04 44'";'.7 '0400;:%,‘ � :; View of Subject Property facing Kreymer 1 View of Subject Property from intersection of Kreymer&Avalon Subdivision NOTIFICATION REPORT APPLICANT: Terry Rowe APPLICATION FILE ZBA#2005-04 2117 Shari Lane Garland, Texas 75043 ' # 1 BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 2117 Shari Lane 1 Terry Rowe Garland, Texas 75043 PO Box 307 2 Abst 688-5 Tract 213 R-6688-005-2130-1 Robert R. Parker Wylie, Texas 75098 1500 Kreymer Lane 3 Abst 688-5 Tract 217 R-6688-005-2170-1 Terrence Rowe _ Wylie, Texas 75098 4306 Miller Road #A 4 Abst 688-5 Tract 219 R-6688-005-2190-1 DR Horton Texas, Ltd. Rowlett, Texas 75088-8033 3645 Touchstone Road 5 Abst 688-5 Tract 220 R-6688-005-2200-1 Timmy Kreymer Wylie, Texas 75098 Avalon Addn 4306 Miller Road #A 6 Blk A Lot 1 R-8490-00A-0010-1 DR Horton Texas, Ltd. Rowlett, Texas 75088-8033 Avalon Addn 4306 Miller Road #A 7 BIk A Lot 2 R-8490-00A-0020-1 DR Horton Texas, Ltd. Rowlett, Texas 75088-8033 2000 Highway 78 North 8 Blk A Lot 11 R-8490-00A-0110-1 City of Wylie Wylie, Texas 75098 Avalon Addn 4306 Miller Road #A 9 BIk B Lot 1 R-8490-00B-0010-1 DR Horton Texas, Ltd. _ Rowlett, Texas 75088-8033 Avalon Addn 4306 Miller Road #A 10 Blk B Lot 2 R-8490-00B-0020-1 _ DR Horton Texas, Ltd. Rowlett, Texas 75088-8033 Avalon Addn 4306 Miller Road #A 11 BIk B Lot 12 R-8490-00B-0120-1 DR Horton Texas, Ltd. Rowlett, Texas 75088-8033 12 13 14 15 16 17 0 20 21 21 22 22 23 23 24 24 L BAB ABAB AB 1 . . St Drown 1 Tr 2141 1 lr 220 • 1 Q Egg-5 . A 6'g-S AvalervxL04- ,{ 0 --- \ I 1 c 1 A Q38-6 Tr 21? 1 I 3 1 4 Subject 2 � 1 1 ProperNj I 5 I O 3 2 - - - Tr 2!3 8 9 10 17 16 15 14 ' B T B 29 30 31� 1 - ZBA CASE #2005-04 N00*(11'00" W 357 38" • • • 0 I CD 0 V) Distance From West Fence is203 LF 4 Distance From South Fence line is 219 LF Distance From North Fence is 87 LF 00 } Distance From TXU Utility Easement Set Back is 11 LF 00 • �o w o : 8 r N a yRP r 00 • • 0 .tSt LA d..W.UU#UUS Distance From West Fence is 203 LF Distance From North Fence is 87 LF --► lerso a Stable-1 4--- Distance From South Fence line is 219 LF Distance From TXU Utility Easement Set Back is 11 LF ____ Public Hearing Item No. 2 City of Wylie ZBOA No. 2005-05 Zoning Board of Adjustment Public Hearing: February 21, 2005 Owner/Applicant: City of Wylie Location: 2000 Highway 78 North, Abstract No. 688-5, Tract 195 Request: Variance to Section 5.5(A) of the Zoning Ordinance to extend the required 90 day temporary use to three years to allow for a portable building to expand office space. Background: The subject property is occupied by the Municipal Building and administrative offices of the City of Wylie, and is zoned Corridor Commercial (CC) District. These spaces are now crowded and expansion of permanent facilities are in the planning stage. Temporary offices are allowed within all commercial districts, and are limited to less than ninety (90) days of operation. The City is requesting a variance to the 90 day time limit for a temporary use. In order to continue to provide services in an effective manner the City must expand office space, and various options are under consideration. The most fiscally responsible option is to utilize a portable building temporarily. This request will extend the required 90 day temporary use to a three year temporary use to allow sufficient time for the planning and design of additional permanent space. Section 8.4(E)(4)(b) of the Zoning Ordinance provides that the Zoning Board of Adjustments may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. 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; ZBOA 2005-05 (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. Considerations: 1. The city has initiated planning for additional facilities (see attachment). A portable building is the most fiscally responsible option to obtain the additional office space needed to address current over crowding. 2. It is uncertain at this time when additional permanent facilities will be available, but the portable building will be utilized for no more than a three (3) year period. 3. The temporary building will comply with all regulations of the code, including setbacks, parking, utilities and exterior materials. 4. At the time this property was purchased and developed for the public use, the Zoning Ordinance did not restrict the installation and use of temporary buildings. Several uses throughout Wylie still have temporary buildings which were installed legally under previous codes, including Sanden, the old Carlisle tract and several WISD sites for classes and administration. The new bank on S.H. 78 and Jackson, constructed under the current code, used a temporary building for business offices while the new facility was under construction but for no more than the allowed 90 days. 5. Public comment forms were mailed out to nine (9) property owners within 200 feet of this request, as required by State Law. No comment forms had been received at the time of this posting. Attachments: Location Map Site Photos Notification List with Responses and Map Site Plan Variance Justification and Summary of Facility Options a)/ , ix CJ I r - I• •- r .. r rave ;- - . °k . r ' .I• Ce0e�n; •I II Subject Property a_ Iw ( State Highwa \ o . 78 1 i i I j I i I i I I I I i ; I I I I I I I I I j i I 1 i _ evons Ire one ' I I 1 I I Wyndham Drive 1 J _ iiiiiil. : mai • ; e aor• ,.one N Y ,+ S uire Drive 0 \ ---\-1bl O d nol rrivI_______,____-------- aci E /I 1 1 1 1 1 1 1 1 i i i 1 III / 1/ l . c--1.°I 1 7 1 I 1 I LOCATION MAP ZBA CASE #2005-05 #kd'rl;. ` i-: .LE.T' t5t . ca r 4 't. f IT , 1 3„; F1l'R J k 1+ y` „ r p 4,::;"4.1'74,41.:PrIll*44744:-V P..44''`i,li.4-ne.,,,,t t,..i.,... ,,),..4ir T. • r ,PSI _ + ' (.; �- ` ]oaf-:,.`�•{ s. r .I ,.S • • r t r ra r:`,a .r, .... 1 • r 11 i - y tyy,st ,rI FS+ 4}:.,'$r v •y, �5r Calk .7,I _ .-.. , 4� f e''�i1, � .y illi. — ;i, ':F rfiNfi 1il list!.. ,1 ti • 11^A. S.ram ' 't F'vc. - • wj tiara. a ,. Pp ray a', R�J" i 31 i .' I t I _Cyt •! ,'� i8 fi. u � wr • R i tk1. f �' i* i. A� ,i1 r ,1 ;i" ° SIT e .- i �J' 1 �' il4 mod" S R ,�"�a J ', 5 rreAAgC+C+. 4. :4Y I f. ' t 1. ,. t j r a ', 17.. f e'r a I I E tar;.. • r 13-4 fy'. 1 r�J § I *'{j'T ,,yr.Se 0"1,.r �dlf i�M S ! 7 _ • r• F 3!• _lfr W 1ra' Arts. 11�1, _LI i x ` e ' Y »' 151 _ `--.. I f �"a ,,,, t`s J • ,,p'J,. AAr A I ' ! ra SJIl, r 1• r"�t7,•� "•,{�tti$. ., i • III i i , hAk� I ° Y'k ,xRt , I 1 , I :.,..-Ai, will � � I .1 ,,. wp> 5 • �}a 1 r',7��ly,/ Utz a y z y. r. 1 — r .J � Lty t" {14- 114 1�1 LN G m - <' a II _ r T ��t� a kTk,� 4A ..fT t a, y cc • _ • I t l :11 . ^ t'� rt4' i, E r r 1 fL ,.r i ,f. r a. It -y 't'�y�e �I ..s.r.�_ , -^_ta -_• `-.._ f F..Iit I�. d , '�.. ! -,»} f+:-ia$�_ '• 4-i..� r _w ie i 'F I _I,L +1 A�.r Ca' 1 r T. r ! t#.'�i{ g i d@ i :1 d ill"! ..i ;I,z.. i f z p,^ e 1 w, s* I _. r'S- "'} {J7 qr ''r; . I 'r1,, . 3 1 i - 1 4t .:Lu. —.1,,S.�`u dcAYY 1".' .t x NOTIFICATION REPORT APPLICANT: Mark B. Roath, City of Wylie APPLICATION FILE ZBA#2005-05 2000 Highway 78 North Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Mark B. Roath 2000 Highway 78 North 1 City of Wylie Wylie, Texas 75098 Woodlake Village 5949 Sherry Lane #1220 2 Blk A Lot 1 _ R-2381-00A-0010-1 CT Beckham Dallas, Texas 75225-6532 5949 Sherry Lane #1220 3 BIk B Lot 1 R-2381-00B-0010-1 CT Beckham Dallas, Texas 75225-6532 5949 Sherry Lane #1220 4 BIk C Lot 1 R-2381-00C-0010-1 CT Beckham Dallas, Texas 75225-6532 2000 Highway 78 North 5 Abst 688-2 Tract 195 R-6688-002-1950-1 City of Wylie Wylie, Texas 75098 6500 Sudbury Road 6 Abst 688-2 Tract 61 R-6688-002-0610-1 Allen National Property LLC Plano, Texas 75024-7412 11160 State Highway 205 7 Abst 688-2 Tract 64 R-6688-002-0640-1 Ray Miller Nevada, Texas 75173-6258 Eubanks Living Trust 1900 Highway 78 North 8 Abst 688-2 Tract 68 R-6688-002-0680-1 Archie Eubanks Wylie, Texas 75098 419 North Ballard Avenue 9 Abst 688-2 Tract 190 _ R-6688-002-1900-1 J&K Properties Ltd. Wylie, Texas 75098 Bill Lovil, P.E. PO Box 90 10 Highway 78 Texas Dept of Transportation McKinney, Texas 75069 11 12 13 14 15 16 17 0 �eno*,a1 C e r` (2. 3R.I Tr /15 worzi lake v<«ale Subject L04- ( Property ��_ 30e2 ® � r o rne4 t( Lof ( 13IkC) Lc4 Cot be`4R \ o . 8 T r& T"r 4„, rr 498 Tr lqo _ 20 01 i A-bsfi Ail-2 I ZBA CASE #2005-05 c� " Iz', s. t• ': , f • a a vNJ v ,W . ,4 v -P. a 1v A AaF .) v _i d ; rc - • • p3 _ 4 1'Y.1 7 .. ..r k t1,�`.SaC' I eeuy-x 4•- f-�`1 w"1 1$pT P�, F x _ A --t. '{r rr�"s+% ,s3..i.,LD^�yy°'"✓;,`K�" u'1 Eft • n Y - 41 PA w k 0 1 2" S kk `,h 5F i 1 01 ,,ry�I•r t'1 , 1 I1 , a. t.Y '� r��B• r x , Ipx'k. 'i,�'.i. k4',.'W0`,r'S�.d=._ r .,'--; p r:,. .;a5"q'1 J• .11 &,3._ 7 'P.': • .+. rr.. w • • • •. D r y 1 . 3t. d 4.. vy, 1° ' �. Tlpp . -' J $-15.a' 1'`". iS'Rt;�--rtx� '; ;!L„PI ,r .F R'!•1 r c i „1,e erg: .' r : ; ,, '.�. to-:" RE: City of Wylie Variance Application—Temporary Building 2000 Highway 78 North 949 Hensley Applicable conditions: (A) That special conditions and circumstances exist which are peculiar to the land,structure or building involved and which are not applicable to other lands, structures, or buildings in the same district. For some time, the City has been evaluating options to relieve overcrowding within the Police Department. Staffing in the Police Department has increased significantly over the past few years with no commensurate increase in office space. Likewise, staffing for the entire organization has increased, with no increase in building space. The increase in staffing within the Police Department has been to ensure that necessary ratios between staff and population are maintained to effectively provide service and to continue to maintain low crime rates. The options evaluated included renovating the existing building, leasing office space off- site or a portable building. Because of the existing jail and communication infrastructure, it was determined that the Police Department staffing needed to stay within the existing Municipal Building. The most logical option was to expand into the adjacent area which currently houses the Building Inspection Department. Because most of the citizens who interact with Building Inspection also interact with other departments within the Municipal Building, an off-site office was determined to be ineffective in terms of provision of service. As such, the need to provide adequate and efficient public services is a condition which is specific to the City's property and is not applicable to other land within the same district. (b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. Because the City of Wylie is a public entity, decisions regarding our facilities must be made with the opportunity for the general public to provide input. This is a process that takes a considerable amount of time. Evidence of this is found in the fact that the City has engaged the services of a consulting firm to prepare a Facility Needs Assessment. Several months have been spent on the process, with a Worksession being conducted by the City Council on January 27, 2005. Please find attached a memo from City Manager Mark B. Roath to the Wylie City Council which outlines different options regarding the ongoing Study. Adequate permanent facilities would not be available until 2007 at the soonest, pending approval of a bond election. The limitation of 90 days is a time frame that a public entity cannot meet. (c) That the special conditions and circumstances do not result from the actions of the applicants. While the growth in staffing is an action of the applicant, it is necessitated by the growth in the community and the expectation on the part of the community for the provision of service. (d) That granting the variance request will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structure or buildings in the same district. While the City of Wylie does have certain unique characteristics which support the approval of a variance, other not-for-profit agencies are not precluded from submitting similar requests,with similar justifications. (e) No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. The City of Wylie is not basing its application on the condition of adjacent properties. (f) Financial hardship shall not be considered grounds for the issuance of a variance. Financial hardship is not factor in this request. It is, however, the City's responsibility to provide services in the most efficient and economical way as possible without sacrificing quality. THE CITY OF WYLIE MANAGER'S MEMORANDUM DATE ISSUED: February 17, 2005 MEMORANDUM NO. 05-07 ATTENTION: Honorable Mayor and Members of the City Council SUBJECT: Facilities Space Needs Study Presentation and Questions Asked During the Workshop, the Mayor and City Council directed City Staff to respond back with additional information about the Study. Specifically, you asked us to answer the following questions: 1. What about an Option that includes shell space in lieu of finishing a building, i.e. City Hall or Library or both? 2. What financial revenue sources might be available to fund this Study including land the City could sell to aid in the construction? 3. What other capital improvement projects might need to be considered during the initial phase of this Study? 4. And, what steps might the City take to implement this Study? BACKGROUND Over the past several years, the City has been considering various long-term facility space alternatives for the City Hall, Library, Recreation Center, Fire Station, Community Center, Public Works Center and other municipal buildings. In 2004, Brinkley Sargent Architects was hired to produce a report on our facility needs. DISCUSSION 1. What about an Option that includes shell space in lieu of finishing a building, i.e. City Hall or Library or both? In January 2005, Brinkley Sargent presented the Mayor and City Council with three options for addressing our facility needs (see attachments). The options were as follows: Option A. Construct a new City Hall, Library (Phase I) and Recreation Center by mid-2007; construct Police and Courts, Fire Administration and EOC, Public Works, Senior Center (Renovate Library), Animal Shelter and 1 Parks Maintenance (existing Animal Shelter) by mid-2010; then, construct Library (Phase II) by mid-2015. Option B. Construct a new Recreation Center, Library (Phase I), Police and Courts and Fire Administration and EOC by mid-2007; construct a City Hall, Public Works, Senior Center (renovate Library), Animal Shelter and Park Maintenance (existing Shelter) by mid-2010; then, construct Library (Phase II) by mid-2015. Option C. Construct a new City Hall and Library (Phase I) by mid-2007; construct Fire Administration and EOC, Public Works, Recreation Center and Senior Center (renovate Library) by mid-2010; construct Police and Courts, Animal Shelter and Park Maintenance (existing Shelter) by mid- 2013; then,construct Library (Phase II) by mid-2015. Options A, B and C are estimated to cost $50,180,264, $49,930,201 and $52,788,726 respectively,which includes an escalator factor. After the Workshop, I met with representatives of Brinkley Sargent to address the Mayor and City Council's questions about their presentation. In the course of answering these concerns an additional alternative (Option D) emerged (see attachment). It is as follows: Option D. Construct a new City Hall, Library (Phase I) and Public Works (Phase I) by mid-2007; construct Police, Courts, Fire, EOC and Communications (renovate the existing City Hall) and Senior Center (renovate Library) by Spring-2009; construct Animal Shelter by mid-2010; construct Public Works (Phase II) and Park Maintenance by Spring-2013; construct a Public Safety Facility, Library (Phase II) by mid-2015; then, complete the City Hair shell space by Spring-2017 or earlier as-needed. Option D is estimated to cost $42,799,993, which include an escalator factor. This Option would result in: • The City Hall being built to 2014 space needs; then, constructing the remainder of the improvements (finishing the shell space) by 2017 or earlier as-needed. • The Library being constructed to 25,000 square feet; then, completing the remainder of the improvements by 2015. • The Public Works Center being built to accommodate more office as well as assembly area for personnel; then, completing the remainder of the improvements by 2013. • The renovation of the existing City Hall to accommodate Police, Courts, Fire, EOC and Communications; then, constructing a new Public Safety Building by 2015. 2 • It should be noted, under this Option, the City would construct the Third Fire Station from other funds, i.e. for example, proceeds from the sale of the undeveloped portion of the current City Hall tract and General Fund monies, and the Recreation Center from 4B Funds and/or grants, as they become available. This Option strength is: • That the Facility Study cost would be spread out over a longer period of time; thus, resulting in a decreased financial impact on taxpayers. • That a phased approach would be used for key new construction, which is more efficient and cost effective. (Here, phasing means either construct the building but leaving considerable shell space (i.e. City Hall) or constructing the building in such a way as to make it expandable (i.e. Library).) • That existing municipal facilities would be used more under this option—namely, the existing City Hall would be renovated for Police, Courts, Fire, EOC and Communications; the existing Library would be renovated for a Senior Center and the existing Animal Shelter would be renovated for a Park Maintenance facility. Note: The City would need to construct the new City Hall, new Library and new Animal Shelter prior to any existing facility being renovated. This Option weakness is: • That the City will take longer to complete these facility improvements; thus, potentially pushing up borrowing as well as construction costs. • And that, with a longer facilities improvement schedule, the City risks the danger of other "more important capital improvements" interfering with these scheduled facility improvements; thus, further pushing out the completion of the remaining projects on the list. 2. What financial revenue sources might be available to fund this Study including land the City could sell to aid in the construction? The planning process to implement the Study will need to include a financing alternative. Understandable, the importance of a number of policy issues including but not limited to overall cost, bonding capacity, credit rating impact, design and location will determine which option is pursued. Some form of municipal tax exempt bond financing should be explored. A second alternative might involve partnering with a private developer. This would utilize private financing with debt service funded by lease payments to the developer with ultimate ownership by the City at the end of the lease. This alternative, although potentially more expensive would have the advantage of limiting the impact to the City's bonding capacity or credit rating. A third alternative may be partnering with the county on a larger government complex. With respect to City land that might be sold, the City Council should explore selling the front (undeveloped) portion of the City Hall tract. This tract might bring the 3 City an estimated $1,000,000 million dollars. Note: The City might have other land, which could be sold to help defray the cost of these facility improvements as well. 3. What other capital improvement projects might need to be considered during the initial phase of this Study? Recently, the City Administration began development of a Capital Improvement Program (CIP), which will include all proposed infrastructure improvements over $50,000 and all proposed equipment purchases over $25,000 for the next five fiscal years, from 2006 to 2011. Said CIP will be completed in March, 2005 and then presented to the City Council for review and possible adoption. In the meantime, however, the City Engineer has identified certain road improvement projects that might require long-term financing during the next ten years that you should be aware of: Year Project Estimated Amount 2008 FM 1378 (Brown to Parker) $9,682,000* 2008 Stone Road (Ballard to Collins) 7,387,500 2009 McMillen Road (Park Road) 4,528,750 2009 Brown Street (SH 78 to Anson) 5,544,500 2009 SH 78 5,876,830 2010 McMillan Road 5,388,750 2015 Park Blvd. 7,372,000 Proposed Improvement Total $45,780,330 Note: At this point, the City is committed to the FM 1378 Project only, according to the City Engineer. As such, the City Council should consider including that cost in any financial plan for the initial phase of this Study as well. 4. What steps might the City take to implement this Study? Recommendation: 1. Select and approve a plan to construct these facilities, preferably in phases. 2. Direct the City Manager and City Financial Advisor to prepare a financing program for the plan selected. 4 3. Upon approval of the financing program, direct the City Manager to develop a project scope for the initial phase including time line, marketing plan, public input process, etc. Note: If the City Council selects bond issuance as a means to help fund the initial phase; then, the City Council should direct the City Manager, City Financial Advisor, Bond Counsel and City Attorney to draft a resolution declaring the City's intent to reimburse itself from bond proceeds for certain contributions to the Project. (Section 1.150-2 of the United States Treasury Regulations requires that a governmental entity planning to use bond proceeds to reimburse itself for project related expenditures made prior to the issuance of bonds formally declare its reasonable official intent to use bond proceeds for that purpose. For example, the City Council might select an architect to develop a preliminary design of the proposed initial phase facilities—that is, to show the public the type of facilities to be built and intended floor plan for same prior to the bond election itself.) Alternative to Recommendation: 1. Do not approve the above described actions and/or take no action. If you have any questions,please do not hesitate to contact me. 14-IZ )8- Rea& MARK B. ROATH, City Manager c. Dwayne Brinkley, Brinkley Sargent Directors Attachments: Option A Option B Option C Option D Note: [1] During the Workshop, the City Council also asked about the amount of land necessary to construct a Town Center consisting of a City Hall, Public Safety Building, Library/Community Center, Recreation Center, and necessary parking. A representative of Brinkley Sargent suggests that the Center would need between 20 and 25 acres to accommodate these facilities—that is, depending upon the final location of each facility, etc. [2] As noted, the City should seriously consider selling the undeveloped portion of the City Hall tract for commercial/retail/office uses, which could generate approximately $1,000,000 based on 152,000 square feet at $6.50 per foot. If sold, these funds could 5 help defray the cost of the Third Fire Station, especially if the station construction cost was capped at $1.2 million, excluding land acquisition and design costs. 6 • City of Wylie Project Phasing Budget Analysis Option A Occupancy Date _ Mid 2007 Mid 2010 Mid 2015 Ci Hall 39,189 9,625,036 $ 9,625,036 Libra Phase 1 25,000 5,106,964 $ 5,106,964 -� Recreation Center and Park Admin 48,913 10,199,883 $ 10,199,883 Police&Courts 36,701 9,188,246 $ 9,188,246 Fire Admin and EOC 11,114 2,421,418 $ 2,421,418 -� Public Works 25,681 3,055,834 $ 3,055,834 Senior Center-Renovate Libra 7,000 595,495 $ 595,495 Animal Shelter 5,277 1,090,423 $ 1,090,423 Park Maintenance-exst Shelter 2,117 223,608 $ 223,608 Libra Phase 2 20,610 4,210,213 $ 4,210,213 Project Budget with Escalation Factor(Note 2) $ .50,180,264: $ 25,455,453 $ 19,011,553 "$, 5,713,259 Notes 1. Project Budgets do not include land acquisition costs. 2. Costs have been escalated forward by 4.2%/year. 3.Assumes 4B funding for outdoor pool. 4. Budgets do not consider cost to develop sites on undeveloped land. 5. Other park improvements may be considered in addition to facilities noted. *The following projects to be accomplished by other funds and/or when 4B funds have accumulated to defer portion of Recreation facilities costs. Fire Station#3 onl 11,036 $ 2,431,244 $ 2,431,244 Outdoor A.uatics Note 3) 26,267 $ 6,920,564 $ 6,920,564 City of Wylie Project Phasing Budget Analysis Option B Occupancy Date _ Mid 2007 Mid 2010 Mid 2015 Recreation Center and Park Admin 48,913 10,199,883 $ 10,199,883 Libra Phase 1 25,000 5,106,964 $ 5,106,964 Police&Courts 36,701 9,188,246 $ 9,188,246 Fire Admin and EOC 11,114 2,421,418 $ 2,421,418 -�-_ Ci Hall 39,189 9,625,036 $ 9,625,036 Public Works 25,681 3,055,834 $ 3,055,834 Senior Center-renovate Libra 7,000 595,495 $ 595,495 -� Animal Shelter 5,277 1,090,423 $ 1,090,423 Park Maintenance-exst Shelter 2,117 223,608 $ 223,608 Libra Phase 2 20,610 4,210,213 $ 4,210,213 Project Budget with Escalation Factor(Note 2) $ -49,930,201 $ ,27,481,758- $ 16,735,184 '$ .. 5,713,259' Notes 1. Project Budgets do not include land acquisition costs. 2. Costs have been escalated forward by 4.2%/year. 3.Assumes 4B funding for outdoor pool. 4. Budgets do not consider cost to develop sites on undeveloped land. 5. Other park improvements may be considered in addition to facilities noted. *The following projects to be accomplished by other funds and/or when 4B funds have accumulated to defer portion of Recreation facilities costs. Fire Station#3 onl 11,036 $ 2,431,244 $ 2,431,244 Outdoor Aquatics Note 3 26,267 $ 6,920,564 $ 6,920,564 City of Wylie Project Phasing Budget Analysis Option C ix .. Occupancy Date _ Mid 2007 Mid 2010 Mid 2013 Mid 2015 Ci Hall 39,189 $ 9,625,036 $ 9,625,036 Libra Phase 1 25,000 $ 5,106,954 $ 5,106,954 Fire Admin and EOC 11,114 $ 2,421,418 $ 2,421,418 Public Works 25,681 $ 3,055,834 $ 3,055,834 Recreation Center and Park Admin 48,913 $ 10,199,883 $ 10,199,883 Senior Center-renovate Libra 7,000 $ 595,495 $ 595,495 Police&Courts 36,701 $ 9,188,246 $ 9,188,246 Animal Shelter 5,277 $ 1,090,423 $ 1,090,423 Park Maintenance-exst Shelter 2,117 $ 223,608 $ 223,608 Libra Phase 2 20,610 $ 4,210,213 $ 4,210,213 S,. .!, ,., r- C""--"'` '4 ,"" � "77 jai ;f :. r �' M . �� ',. ,. , �„r,,.a„� 'S,"`�:d...,-..,7 7.4 Project Budget with Escalation Factor(Note 2) $. 52,788,726 $; 15,041 362 .$. 18,664,707.'$.=13,369;399 $ -5,713,259` Notes 1. Project Budgets do not include land acquisition costs. 2. Costs have been escalated forward by 4.2%/year. 3.Assumes 4B funding for outdoor pool. 4. Budgets do not consider cost to develop sites on undeveloped land. 5. Other park improvements may be considered in addition to facilities noted. *The following projects to be accomplished by other funds and/or when 4B funds have accumulated to defer portion of Recreation facilities costs. Fire Station#3 onl 11,036 $ 2,431,244 $ 2,4'31,244 Outdoor A.uatics Note 3 26,267 $ 6,920,564 $ 6,920,564 City of Wylie Project Phasing Budget Analysis Option D Occupancy Date Mid 2007 Spring 2009 Mid 2010 Spring 2013 Mid 2015 Spring 2017 City Hall-Shell 39,189 $ 7,666,407 $ 7,666,407 Library Phase 1 25,000 $ 5,992,598 $ 5,992,598 Public Works Phase 1 4,808 $ 1,065,379 $ 1,065,379 Police,Courts, Fire Renovation 35,390 $ 1,174,771 $ 1,174,771 Senior Center-renovate Library 7,000 $ 595,495 $ 595,495 Animal Shelter 5,277 $ 1,090,423 $ 1,090,423 Park Maintenance-exst Shelter 2,117 $ 233,608 $ 233,608 Public Works Phase 2 22,825 $ 2,460,066 $ 2,460,066 Public Safety Facility 47,814 $ 11,430,342 $ 11,430,342 Library Phase 2 20,610 $ 4,210,213 $ 4,210,213 City Hall-infill shell spaces " ". ..,te "? �.1K- ^�z @7 .�.,. "rd*,�,+.'. .,c., Project Budget with Escalation Factor(Note 2) $ 42,799,993 $ ' 15,033,596 '.$ 1,918,968. $: 1,250,715 $ .;3,372,4.80 $ 21,224,233 $ Notes 1. Project Budgets do not include land acquisition costs. 2. Costs have been escalated forward by 4.2%/year. 3.Assumes 4B funding for outdoor pool. 4. Budgets do not consider cost to develop sites on undeveloped land. 5.Other park improvements may be considered in addition to facilities noted. *The following projects to be accomplished by other funds and/or when 4B funds have accumulated to defer portion of Recreation facilities costs. Fire Station#3 onl 11,036 $ 2,431,244 $ 2,431,244 Outdoor A.uatics Note 3 26,267 $ 6,920,564 $ 6,920,564 Recreation Center and Park Admin 48,913 $ 10,199,883 $ 10,199,883 r4fil Public Hearing Item No. 3 City of Wylie ZBOA No. 2005-06 Zoning Board of Adjustment Public Hearing: February 21, 2005 Owner/Applicant: City of Wylie Location: 949 Hensley, Abstract No. 193, Tract 5 Request: Variance to Section 5.5(A) of the Zoning Ordinance to extend the required 90 day temporary use to three years to allow for a portable building to expand office space. Background: The subject property is occupied by the Public Services Division offices of the City of Wylie, and is zoned Agricultural District. These spaces are now crowded and expansion of permanent facilities are in the planning stage. The City is requesting a variance to the 90 day time limit for a temporary use. In order to continue to provide services in an effective manner the City must expand office space, and various options are under consideration. The most fiscally responsible option is to utilize a portable building temporarily. This request will extend the required 90 day temporary use to a three year temporary use to allow sufficient time for the planning and design of additional permanent space. Section 8.4(E)(4)(b) of the Zoning Ordinance provides that the Zoning Board of Adjustments may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. 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; ZBOA 2005-06 (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. Considerations: 1. The city has initiated planning for additional facilities (see attachment). A portable building is the most fiscally responsible option to obtain the additional office space needed to address current over crowding. 2. It is uncertain at this time when additional permanent facilities will be available, but the portable building will be utilized for no more than a three (3) year period. 3. The temporary building will comply with all regulations of the code, including setbacks, parking, utilities and exterior materials. 4. At the time this property was purchased and developed for the public use, the Zoning Ordinance did not restrict the installation and use of temporary buildings. Several uses throughout Wylie still have temporary buildings which were installed legally under previous codes, including Sanden, the old Carlisle tract and several WISD sites for classes and administration. The new bank on S.H. 78 and Jackson, constructed under the current code, used a temporary building for business offices while the new facility was under construction but for no more than the allowed 90 days. 5. Public comment forms were mailed out to sixteen (16) property owners within 200 feet of this request, as required by State Law. No comment forms had been received at the time of this posting. Attachments: Location Map Site Photos Notification List with Responses and Map Site Plan Variance Justification and Summary of Facility Options ^\ • i D i . _ _ _ _ _ _ _ _ Subject Property i i i o L. i i i p , i �/' — i i i y„_.. a , , a , i 1 1 i i i i , i .._.._...i / , / a t�cns�c� Lane / ' i i i i i i i i i i i I i i i _ i i L.. 1 i i i i i i i i i i i v i i i i i ; i i i i i i i i i i i i i i i 1 r.._.._ _ i i i i i 1 I i i i ! i i i i , i i i i i i i i i i i i i i �i' i i i i i ;� i '� i ii i. i i i k i i k t i i �.`.._.._.._.._.._.._.. _.._.._.._.._.. ._.._.._..i..a.._.._.._..1._.._.._ i i s. i i i i i i i LOCATION MAP ZBA CASE #2005-06 NOTIFICATION REPORT APPLICANT: Mark B. Roath, City of Wylie APPLICATION FILE ZBA#2005-06 2000 Highway 78 North Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Mark B. Roath 2000 Highway 78 North 1 City of Wylie Wylie, Texas 75098 Premier Ind Park South 2722 FM 544 West 2 Blk B Lot 2A R-4159-00B-0020-1 2-16 Holdings Inc. Wylie, Texas 75098 Premier Ind Park 4028 Binley Drive 3 Blk A Lot 1 A R-3953-00A-001 A-1 Phil Easterling Richardson, Texas 75082-3720 Premier Ind Park 933 Hensley Lane 4 Blk A Lot 2A R-3953-00A-002A-1 Mai Door Properties, Ltd. Wylie, Texas 75098 1001 S. Ballard Avenue 5 Abst 193 Tract 2 R-6193-000-0020-1 Wylie ISD Wylie, Texas 75098 2000 Highway 78 North 6 Abst 193 Tract 4 R-6193-000-0040-1 City of Wylie Wylie, Texas 75098 2000 Highway 78 North 7 Abst 193 Tract 5 R-6193-000-0050-1 City of Wylie Wylie, Texas 75098 2000 Highway 78 North 8 Abst 193 Tract 6 R-6193-000-0060-1 City of Wylie Wylie, Texas 75098 411 Dogwood Drive 9 Abst 193 Tract 11 R-6193-000-0110-1 George Wigington Wylie, Texas 75098 810 Hensley Lane 10 Abst 193 Tract 12 _ R-6193-000-0120-1 Charles Cheshire, Jr. Wylie, Texas 75098 2304 Brighton Lane 11 Abst 193 Tract 13 R-6193-000-0130-1 Robert Joslyn Plano, Texas 75075-3377 810 Hensley Lane 12 Abst 193 Tract 14 R-6193-000-0140-1 Charles Cheshire, Jr. Wylie, Texas 75098 950 Hensley Lane 13 Abst 193 Tract 15 R-6193-000-0150-1 Sandra Torres Wylie, Texas 75098 1001 S. Ballard Avenue 14 Abst 193 Tract 16 R-6193-000-0160-1 Wylie ISD Wylie, Texas 75098 2000 Highway 78 North 15 Abst 193 Tract 17 R-6193-000-0170-1 City of Wylie Wylie, Texas 75098 1001 S. Ballard Avenue 16 Abst 841 Tract 14 R-6841-000-0140-1 Wylie ISD Wylie, Texas 75098 1001 S. Ballard Avenue 17 Abst 841 Tract 16 R-6841-000-0160-1 Wylie ISD Wylie, Texas 75098 �hsf t9 3 Absf lg 3 A lf3 As 7r'‘, Tr Ab !R 3 1 R3 r r Subject Try _ Property ;5- 113 Ah5f e44 -rr 0 L repe lnd ark o / iTr! L r 13 17ri5 oiL Tr!( Premie-`' (rid Park I Ij2 Sou-1 . A� • lg3 I I r Q V r ZBA CASE #2005-06 m C!:J z c: w C z W 0:. W -J 0.., :s < en 1- , I" . x "','J ,! I !! I *YJU '1 . 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TEXAS SERVICE CENTER - PHASE Z r.w,HICHWAYI~4o\f1PROUU.1tlYnon:rr[A$'lO' _______ UlNiftUJINN.:l:IJIrt5IILICJlDMDIl DOCl.IJlENTWA!IIAUfl1OtIrUOIIt _ _ ~~~II?:Z~~'~: ~~~~'~Kt =. -===--=::::.-=: __, GRADING & JOINT LAYOUT s't~=T~ THE~~TION /I"IDlf [NC>><<tIlINC PRICTIe[ 1oCf. .,._.., __....__..,_..~___.__._.. ___ ._. DIIII . ...... ... ~II h' ..... ._-~-._----- --, -.. RE: City of Wylie Variance Application - Temporary Building 2000 Highway 78 North 949 Hensley ADDlicable conditions: (A) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district. For some time, the City has been evaluating options to relieve overcrowding within the Police Department. Staffmg in the Police Department has increased significantly over the past few years with no commensurate increase in office space. Likewise, staffing for the entire organization has increased, with no increase in building space. The increase in staffing within the Police Department has been to ensure that necessary ratios between staff and population are maintained to effectively provide service and to continue to maintain low crime rates. The options evaluated included renovating the existing building, leasing office space off- site or a portable building. Because of the existing jail and communication infrastructure, it was determined that the Police Department staffmg needed to stay within the existing Municipal Building. The most logical option was to expand into the adjacent area which currently houses the Building Inspection Department. Because most of the citizens who interact with Building Inspection also interact with other departments within the Municipal Building, an off-site office was determined to be ineffective in terms of provision of service. As such, the need to provide adequate and efficient public services is a condition which is specific to the City's property and is not applicable to other land within the same district. (b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. Because the City of Wylie is a public entity, decisions regarding our facilities must be made with the opportunity for the general public to provide input. This is a process that takes a considerable amount of time. Evidence of this is found in the fact that the City has engaged the services of a consulting firm to prepare a Facility Needs Assessment. Several months have been spent on the process, with a Worksession being conducted by the City Council on January 27,2005. Please fmd attached a memo from City Manager Mark B. Roath to the Wylie City Council which outlines different options regarding the ongoing Study. Adequate permanent facilities would not be available until 2007 at the soonest, pending approval of a bond election. The limitation of 90 days is a time frame that a public entity cannot meet. (c) That the special conditions and circumstances do not result from the actions of the appHcants. While the growth in staffmg is an action of the applicant, it is necessitated by the growth in the community and the expectation on the part of the community for the provision of servIce. (d) That granting the variance request will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structure or buildings in the same district. While the City of Wylie does have certain unique characteristics which support the approval of a variance, other not-for-profit agencies are not precluded from submitting similar requests, with similar justifications. (e) No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. The City of Wylie is not basing its application on the condition of adjacent properties. (f) Financial hardship shall not be considered grounds for the issuance of a variance. Financial hardship is not factor in this request. It is, however, the City's responsibility to provide services in the most efficient and economical way as possible without sacrificing quality. THE CITY OF WYLIE MANAGER'S MEMORANDUM DATE ISSUED: February 17,2005 MEMORANDUM NO, 05-07 ATTENTION: Honorable Mayor and Members of the City Council SUBJECT: Facilities Space Needs Study Presentation and Questions Asked During the Workshop, the Mayor and City Council directed City Staff to respond back with additional information about the Study. Specifically, you asked us to answer the following questions: 1, What about an Option that includes shell space in lieu of finishing a building, i.e. City Hall or Library or both? 2. What financial revenue sources might be available to fund this Study including land the City could sell to aid in the construction? 3. What other capital improvement projects might need to be considered during the initial phase of this Study? 4. And, what steps might the City take to implement this Study? BACKGROUND Over the past several years, the City has been considering various long-term facility space alternatives for the City Hall, Library, Recreation Center, Fire Station, Community Center, Public Works Center and other municipal buildings, In 2004, Brinkley Sargent Architects was hired to produce a report on our facility needs. DISCUSSION 1. What about an Option that includes shell space in lieu offinishing a building, i.e. City Hall or Library or both? In January 2005, Brinkley Sargent presented the Mayor and City Council with three options for addressing our facility needs (see attachments). The options were as follows: Option A. Construct a new City Hall, Library (Phase I) and Recreation Center by mid-2007; construct Police and Courts, Fire Administration and EOC, Public Works, Senior Center (Renovate Library), Animal Shelter and 1 Parks Maintenance (existing Animal Shelter) by mid-20IO; then, construct Library (Phase II) by mid-20IS. Ovtion B. Construct a new Recreation Center, Library (Phase I), Police and Courts and Fire Administration and EOC by mid-2007; construct a City Hall, Public Works, Senior Center (renovate Library), Animal Shelter and Park Maintenance (existing Shelter) by mid-20IO; then, construct Library (Phase II) by mid-20IS. Option C. Construct a new City Hall and Library (Phase I) by mid-2007; construct Fire Administration and EOC, Public Works, Recreation Center and Senior Center (renovate Library) by mid-20 10; construct Police and Courts, Animal Shelter and Park Maintenance (existing Shelter) by mid- 2013; then, construct Library (Phase II) by mid-20IS, Options A, Band C are estimated to cost $50,180,264, $49,930,201 and $52,788,726 respectively, which includes an escalator factor. After the Workshop, I met with representatives of Brinkley Sargent to address the Mayor and City Council's questions about their presentation. In the course of answering these concerns an additional alternative (Option D) emerged (see attachment), It is as follows: Option D, Construct a new City Hall, Library (Phase I) and Public Works (Phase I) by mid-2007; construct Police, Courts, Fire, EOC and Communications (renovate the existing City Hall) and Senior Center (renovate Library) by Spring-2009; construct Animal Shelter by mid-201O; construct Public Works (Phase II) and Park Maintenance by Spring-2013; construct a Public Safety Facility, Library (Phase II) by mid-20IS; then, complete the City Half shell space by Spring-20I7 or earlier as-needed, Option D is estimated to cost $42,799,993, which include an escalator factor. This Option would result in: . The City Hall being built to 2014 space needs; then, constructing the remainder of the improvemen~s (finishing the shell space) by 2017 or earlier as-needed, . The Library being constructed to 25,000 square feet; then, completing the remainder ofthe improvements by 2015. . The Public Works Center being built to accommodate more office as well as assembly area for personnel; then, completing the remainder of the improvements by 2013. . The renovation of the existing City Hall to accommodate Police, Courts, Fire, EOC and Communications; then, constructing a new Public Safety Building by 2015, 2 It should be noted, under this Option, the City would construct the Third Fire Station from other funds, i.e, for example, proceeds from the sale of the undeveloped portion of the current City Hall tract and General Fund monies, and the Recreation Center from 4B Funds and/or grants, as they become available. This Option strength is: . That the Facility Study cost would be spread out over a longer period of time; thus, resulting in a decreased financial impact on taxpayers, . That a phased approach would be used for key new construction, which is more efficient and cost effective. (Here, phasing means either construct the building but leaving considerable shell space (i.e. City Hall) or constructing the building in such a way as to make it expandable (i,e, Library),) . That existing municipal facilities would be used more under this option-namely, the existing City Hall would be renovated for Police, Courts, Fire, EOC and Communications; the existing Library would be renovated for a Senior Center and the existing Animal Shelter would be renovated for a Park Maintenance facility, Note: The City would need to construct the new City Hall, new Library and new Animal Shelter prior to any existing facility being renovated, This Option weakn~ss is: . That the City will take longer to complete these facility improvements; thus, potentially pushing up borrowing as well as construction costs. . And that, with a longer facilities improvement schedule, the City risks the danger of other "more important capital improvements" interfering with these scheduled facility improvements; thus, further pushing out the completion of the remaining projects on the list. 2. What financial revenue sources might be available to fund this Study including land the City could sell to aid in the construction? The planning process to implement the Study will need to include a financing alternative. Understandable, the importance of a number of policy issues including but not limited to overall cost, bonding capacity, credit rating impact, design and location will determine which option is pursued, Some form of municipal tax exempt bond financing should be explored, A second alternative might involve partnering with a private developer. This would utilize private financing with debt service funded by lease payments to the developer with ultimate ownership by the City at the end of the lease, This alternative, although potentially more expensive would have the advantage of limiting the impact to the City's bonding capacity or credit rating. A third alternative may be partnering with the county on a larger government complex. With respect to City land that might be sold, the City Council should explore selling the front (undeveloped) portion of the City Hall tract. This tract might bring the 3 City an estimated $1,000,000 million dollars. Note: The City might have other land, which could be sold to help defray the cost of these facility improvements as well, 3. What other capital improvement projects might need to be considered during the initial phase of this Study? Recently, the City Administration began development of a Capital Improvement Program (CIP), which will include all proposed infrastructure improvements over $50,000 and all proposed equipment purchases over $25,000 for the next five fiscal years, from 2006 to 2011. Said CIP will be completed in March, 2005 and then presented to the City Council for review and possible adoption, In the meantime, however, the City Engineer has identified certain road improvement projects that might require long-term financing during the next ten years that you should be aware of: Year Proiect Estimated Amount 2008 FM 1378 (Brown to Parker) $9,682,000* 2008 Stone Road (Ballard to Collins) 7,387,500 2009 McMillen Road (park Road) 4,528,750 2009 Brown Street (SH 78 to Anson) 5,544,500 2009 SH78 5,876,830 2010 McMillan Road 5,388,750 2015 Park Blvd, 7,372,000 Proposed Improvement Total $45,780,330 Note: At this point, the City is committed to the FM 1378 Project only, according to the City Engineer. As such, the City Council should consider including that cost in any financial plan for the initial phase of this Study as well. 4. What steps might the City take to implement this Study? Recommendation: 1. Select and approve a plan to construct these facilities, preferably in phases, 2, Direct the City Manager and City Financial Advisor to prepare a financing program for the plan selected. 4 3. Upon approval of the financing program, direct the City Manager to develop a project scope for the initial phase including time line, marketing plan, public input process, etc. Note: If the City Council selects bond issuance as a means to help fund the initial phase; then, the City Council should direct the City Manager, City Financial Advisor, Bond Counsel and City Attorney to draft a resolution declaring the City's intent to reimburse itself from bond proceeds for certain contributions to the Project. (Section 1.150-2 of the United States Treasury Regulations requires that a governmental entity planning to use bond proceeds to reimburse itself for project related expenditures made prior to the issuance of bonds formally declare its reasonable official intent to use bond proceeds for that purpose. For example, the City Council might select an architect to develop a prelimin'!IY design of the proposed initial phase facilities-that is, to show the public the type of facilities to be built and intended floor plan for same prior to the bond election itself.) Alternative to Recommendation: 1. Do not approve the above described actions and/or take no action, If you have any questions, please do not hesitate to contact me, #I~ ,8 fh~ MARK B. ROATH, City Manager c. Dwayne Brinkley, Brinkley Sargent Directors Attachments: Option A Option B Option C Option D Note: [IJ During the Workshop, the City Council also asked about the amount of land necessary to construct a Town Center consisting of a City Hall, Public Safety Building, Library/Community Center, Recreation Center, and necessary parking. A representative of Brinkley Sargent suggests that the Center would need between 20 and 25 acres to accommodate these facilities-that is, depending upon the final location of each facility, etc, [2J As noted, the City should seriously consider selling the undeveloped portion of the City Hall tract for commercial/retail/office uses, which could generate approximately $1,000,000 based on 152,000 square feet at $6,50 per foot. If sold, these funds could 5 help defray the cost of the Third Fire Station, especially if the station construction cost was capped at $1.2 million, excluding land acquisition and design costs, 6 City of Wylie Project Phasing Budget Analysis Option A ~~~~~;::"''''1':'''''Jr''',":1:-~1~~''~~''''''' _~~'<_"'_"'i""'~"'~ ~'" ~.~~.. ~""~~'~ ._.,,~.., "".. """" J'''' ^",..,~--., .' '..- , It ." ., ~ ; < \ ~ ~ t ' , , ~, "",'1.:j.~. "".,"",,,,,~ ~~~" ~...... ".... ~ "'~ J _'" _ ':i<N':,",'fI/i!4,","~ '" ,,,~.. m , '''''''~" ,; ~ ,,~'" ~ Occupancy Date Mid 2007 Mid 2010 Mid 2015 Ci Hall 39,189 9,625,036 $ 9,625,036 Libra Phase 1 25,000 5,106,964 $ 5,106,964 Recreation Center and Park Admin 48,913 10,199,883 $ 10,199,883 Police & Courts 36,701 9,188,246 $ 9,188,246 Fire Admin and EOC 11,114 2,421,418 $ 2,421,418 Public Works 25,681 3,055,834 $ 3,055,834 Senior Center - Renovate Libra 7,000 595,495 $ 595,495 Animal Shelter 5,277 1,090,423 $ 1,090,423 Park Maintenance - exst Shelter 2,117 223,608 $ 223,608 Libra Phase 2 20,610 4,210,213 $ 4,210,213 ,c - _ ',' _''' '.,>' _ ,'_ _ _ " - ,', ,"--."'-",'>::'>_:',':"'; ""'; -" ',,',' _ _ :' ,_ "'ic,',; '",'/.,',_ ., _; ",'_ :;;:'.:"--',"-~~'~;>;7;":,F::':i:"5t~:::/??:rr::'c:;{><:',,;:>.._.'__',_. .,.c.._';" _', _ _ " _'~;:- .'~-i':':~':::\:::~\~\::,:,~C' '," :,',,' ._,"._:.', _._._.>i': ~~; Project Budget with Escalation Factor (Note 2) . .$ .50,180,264(, $' 25;455,453~'$'19;011,553,$;i';;;5,7.13;259 Notes 1. Project Budgets do not include land acquisition costs. 2. Costs have been escalated forward by 4.2%/year, 3. Assumes 4B funding for outdoor pool. 4. Budgets do not consider cost to develop sites on undeveloped land. 5. Other park improvements may be considered in addition to facilities noted, * The following projects to be accomplished by other funds and/or when 4B funds have accumulated to defer portion of Recreation facilities costs. City of Wylie Project Phasing Budget Analysis Option B Occupancy Date Mid 2007 Mid 2010 Mid 2015 Recreation Center and Park Admin 48,913 10,199,883 $ 10,199,883 Libra Phase 1 25,000 5,106,964 $ 5,106,964 Police & Courts 36,701 9,188,246 $ 9,188,246 Fire Admin and EOC 11,114 2,421,418 $ 2,421,418 Ci Hall 39,189 9,625,036 $ 9,625,036 Public Works 25,681 3,055,834 $ 3,055,834 Senior Center - renovate Libra 7,000 595,495 $ 595,495 Animal Shelter 5,277 1,090,423 $ 1,090,423 Park Maintenance - exst Shelter 2,117 223,608 $ 223,608 Libra Phase 2 20,610 4,210,213 $ 4,210,213 Project Budget with Escah'ltlohFact6r(N6te2)' $ 49,930,201>$', 27,481,758$.;;16,735,184.\.$,(;'5,713;259 Notes 1. Project Budgets do not include land acquisition costs, 2, Costs have been escalated forward by 4.2%/year. 3. Assumes 4B funding for outdoor pool. 4. Budgets do not consider cost to develop sites on undeveloped land. 5. Other park improvements may be considered in addition to facilities noted. * The following projects to be accomplished by other funds and/or when 4B funds have accumulated to defer portion of Recreation facilities costs. Fire Station #3 onl Outdoor Aquatics Note 3) City of Wylie Project Phasing Budget Analysis Option C Occupancy Date Mid 2007 Mid 2010 Mid 2013 Mid 2015 Ci Hall 39,189 $ 9,625,036 $ 9,625,036 Libra Phase 1 25,000 $ 5,106,954 $ 5,106,954 Fire Admin and EOC 11,114 $ 2,421,418 $ 2,421,418 Public Works 25,681 $ 3,055,834 $ 3,055,834 Recreation Center and Park Admin 48,913 $ 10,199,883 $ 10,199,883 Senior Center - renovate Libra 7,000 $ 595,495 $ 595,495 Police & Courts 36,701 $ 9,188,246 $ 9,188,246 Animal Shelter 5,277 $ 1,090,423 $ 1,090,423 Park Maintenance - exst Shelter 2,117 $ 223,608 $ 223,608 Libra Phase 2 20,610 $ 4,210,213 $ 4,210,213 \,.::,.;.'.;.", Project Budget with Esci'llatlonFactor(Note/2} $<x.fS2, 788,726. $,,;1 5;041..362',.,$;;18,664;707:;;'.'$;,,13,369;399 ..4;$;;,.{I; Notes 1, Project Budgets do not include land acquisition costs. 2. Costs have been escalated forward by 4.2%/year. 3. Assumes 4B funding for outdoor pool. 4. Budgets do not consider cost to develop sites on undeveloped land. 5. Other park improvements may be considered in addition to facilities noted, * The following projects to be accomplished by other funds and/or when 48 funds have accumulated to defer portion of Recreation facilities costs. City of Wylie Project Phasing Budget Analysis Option D Occupancy Date Mid 2007 Spring 2009 Mid 2010 Spring 2013 Mid 2015 Spring 2017 Cit Hall - Shell 39,189 $ 7,666,407 $ 7,666,407 Libra Phase 1 25,000 $ 5,992,598 $ 5,992,598 Public Works Phase 1 4,808 $ 1,065,379 $ 1,065,379 Police, Courts, Fire Renovation 35,390 $ 1,174,771 $ 1,174,771 Senior Center - renovate Libra 7,000 $ 595,495 $ 595,495 Animal Shelter 5,277 $ 1,090,423 $ 1,090,423 Park Maintenance -exst Shelter 2,117 $ 233,608 $ 233,608 Public Works Phase 2 22,825 $ 2,460,066 $ 2,460,066 47,814 $ 11,430,342 $ 11,430,342 20,610 $ 4,210,213 $ 4,210,213 Project Budget with Escalation Factor (Note 2) $42.799;993;/$ 15,033.596. $ "1.918,968' $ ....1.;250.715. $ ',.3,372;480 '$21.224,233$ Notes 1. Project Budgets do not include land acquisition costs. 2. Costs have been escalated forward by 4.2%/year. 3. Assumes 4B funding for outdoor pool. 4. Budgets do not consider cost to develop sites on undeveloped land. 5. Other park improvements may be considered in addition to facilities noted. * The following projects to be accomplished by other funds and/or when 4B funds have accumulated to defer portion of Recreation facilities costs. I Recreation Center and Park Admin I 48,9131 $ 10,199,8831 $ 10,199,8831