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N, � Tp FE RAl� y+14 SO4 Iyg �0 ST0 1887 ° - 4TE OF TEX u ust 19 2013 Regular Business Meeting 40 OF 'irk u ligirere Wylie Zoning Board of fr M_ , Adjustment Log ��F Fc•.qw.r I g.r�FsS7�r5 NOTICE OF MEETING Regular Meeting Agenda Monday, August 19, 2013 — 7:00 p.m. Wylie Municipal Complex — Room 230 Conference Room 300 Country Club Road, Building #100 Bill Baumbach Chair Linda Jourdan Vice-Chair Jason Potts Board Member Kelly Price Board Member Karyn McGinnis Board Member Kevin Finnell Alternate Board Member William Hiney Alternate Board Member Renae' 011ie Planning Director Charles Lee Senior Planner Jasen Haskins Planner Mary Bradley Administrative Assistant In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. ELECTION OF CHAIR AND VICE CHAIR CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 17, 2013 Meeting. August 19,2013 Wylie Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2 REGULAR AGENDA Public Hearing 1. Hold a public hearing to consider and act upon a request by Carl Fontera for a Variance to Section 5.2.F.14.c parking regulations of the Zoning Ordinance to reduce parking for a Daycare use to allow 75 parking spaces in lieu of the required. Property located at 3010 FM 544, being Lot 1 Block A of the Jacob's Addition(ZBA 2013-06) ADJOURNMENT CERTIFICATION I cert that this Notice of Meeting was posted on this 16th day of August 2013 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed This page is intentionally blank Wylie Zoning Board of Adjustment CITY OF WY L I E Minutes Zoning Board of Adjustment Monday, June 17, 2013 — 7:00 pm Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building 100 CALL TO ORDER Chair Bill Baumbach called the meeting to order at 7:01 p.m. and stated that a quorum was present. Board Members present were; Board Member Linda Jourdan, Board Member Karyn McGinnis, Board Member Jason Potts and Board Member Kelly Price. Staff members present were: Renae' 011ie, Planning Director, Jasen Haskins, Planner, and Mary Bradley, Administrative Assistant. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the May 20, 2013 Meeting. A motion was made by Board Member McGinnis, and seconded by Board Member Potts, to approve the Minutes from the May 20, 2013 Meeting as submitted. Motion carried 5 — 0. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by William Dauria for a Variance to Section 5.J.4.e(4) of the Zoning Ordinance requiring that "Any outside display areas not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties." The property is located at 207 Industrial Court, being Lot 4 of the Railroad Industrial Park Addition. ZBA 2013-03. Staff Comments Minutes June 17, 2013 Wylie Zoning Board of Adjustment Page 1 of 3 Mr. Haskins stated that the applicant is Mr. William Dauria, owner of Superbikes of Dallas and the lease of the property located at 207 Industrial Court, which is owned by the WEDC. On April 16, 2012, the Board of Adjustment granted a variance allowing outside merchandise with a stipulation that the requests for one year. The request before the Board tonight, is a continuance of that variance. Section 5.J.4.e(4) of the Zoning Ordinance requires any outside display areas not located on a covered sidewalk must be screen from view of adjacent roadways, public area and adjacent properties. The applicant is requesting a variance to allow motorcycles be parked on gravel on the east side of the rear of the building, facing Highway 78. Screening the merchandise from view defeats the purpose of displaying the product. Property owner, WEDC, has tentative plans to redevelop the area which may result in the removal of the building at 207 Industrial, among others. Public comment forms were mailed to fifteen property owners, as required by State Law. One comment form was returned in favor of the request, and no comments were received in opposition. Chairman Baumbach opened the Public Hearing. Mr. William Dauria, 204 S. Rolling Meadows, owner of Superbikes of Dallas, applicant, stated that the display is for bikes, no parts, only finished ready bikes. When the weather is raining, no bikes are put outside. The displays of the bikes help in business, and are only outside during business hours. Mr. Sam Satterwhite, Director of Wylie Economic Development Corporation, stated that the intention is to redevelop certain properties along Highway 78. There is no time frame as to when the market to be in the right position to redevelop, and increase the taxable value in the area. The WEDC is requesting the variance for one year, to reevaluate the property and to make sure the applicant keeps display accordingly. Chairman Baumbach closed the Public Hearing. Board Action A motion was made by Board Member Jourdan, and seconded by Board Member Price, to Grant the request for a Variance to Section 5.J.4.e(4) of the Zoning Ordinance for one year. Motion carried 5 — 0. Minutes June 17, 2013 Wylie Zoning Board of Adjustment Page 2 of 3 2. Hold a public hearing to consider and act upon a request by Jose Pedro Resendiz for a Variance to Section 3.F.12.a of the Zoning Ordinance requiring that, "Front yard fences shall be permitted to a height of 4 feet maximum with 50 percent transparency constructed of wood or wrought iron". The property is located at 304 Alanis Drive, being Lot 1, Block A, Blakey Addition No.2. ZBA 2013-04. Staff Comments Mr. Haskins stated that the applicant is Mr. Jose Pedro Resendiz, and the property is located at 304 Alanis Drive. The applicant is requesting a similar variance to a variance that was granted In May 2013, on a piece of property located at 200 Alanis Drive. The property is at least twice the size of a typical residential lot with a setback of 65 feet compared to a more typical 20-30 feet setback, thus estate style fencing may be appropriate, while maintaining visibility and accessibility. The applicant is proposing to build a wrought iron fence with masonry columns that would be a maximum of 7.5 feet in height. Public comment forms were mailed to three property owners as required by State Law. All three comment forms were returned in favor of the request. Chairman Baumbach opened the Public Hearing. Mr. Jose Pedro Resendiz, 304 Alanis, stated that he is purchasing the property from Mr. Blakey. He desires to put a fence that consistent with 308 Alanis, which is 5 to 6 feet in height wrought iron with masonry columns and a 7.5 feet gate. The four foot requirement is too small for safety of the children, and the road is heavily travelled with speeds up to 40 miles per hour. Mr. Brent Conkle, 200 Alanis Drive, neighbor, spoke in favor of the request, and stated that the fence is consistent with the other neighbors. Mr. Clay Blakey, 100 Alanis Drive, property owner and neighbor, spoke in favor of the request, stating that the wrought iron fence is consistent with the other neighbors. Mr. James Blakey, 1502 S Ballard, neighbor on the corner, spoke in favor of the request, and stated that fence is consistent with the neighbors. Chairman Baumbach dosed the Public Hearing. Board Discussion Minutes June 17, 2013 Wylie Zoning Board of Adjustment Page 3 of 3 Chairman Baumbach expressed the concern of changing the requirements from the Zoning Ordinance to a neighborhood. It is the City Council responsibility to change the Zoning Ordinance, not the Board of Adjustment. Ms. 011ie stated that the City Council does have the authority to change the Zoning Ordinance, but the Board of Adjustment has the authority to grant variances. A property owner may seek a variance on a particular piece of property. The process a text amendment, to take to the City Council, is when there are more than one property owners requesting the same type of variance to the Zoning Ordinance. With the subject request and the request from last month, the staff can have City Council consider a text amendment to address estate property for a front fence. Board Action A motion was made by Board Member Price, and seconded by Board Member McGinnis, to Grant the request for a Variance to Section 3F.12.a of the Zoning Ordinance to allow a 7.5 foot wrought iron gate with 6 foot wrought iron fence. Motion carried 4 — 1, with Chairman Baumbach in opposition. ADJOURNMENT A motion was made by Board Member McGinnis, and seconded by Board Member Potts, all Board Members were in consensus, and the meeting adjourned at 7:30p.m. Bill Baumbach, Chair ATTEST: Mary Bradley, Secretary Minutes June 17, 2013 Wylie Zoning Board of Adjustment Page 4 of 3 Wylie Zoning Board of Adjustment CITY OF WYLIE AGENDA REPORT Meeting Date: August 19, 2013 Item Number: 1 Department: Planning Case Number: ZBA 2013-06 Prepared By: Jasen Haskins Project Location: 3010 FM 544 Date Prepared: August 5, 2013 Subdivision Name: Jacobs Addition Location Map, Site Plan, Notification List and Map Exhibits: with Responses Subject Hold a public hearing to consider and act upon a request by Carl Fontera for a Variance to Section 5.2.F.14.c parking regulations of the Zoning Ordinance to reduce parking for a Daycare use to allow 75 parking spaces in lieu of the required. Property located at 3010 FM 544, being Lot 1 Block A of the Jacob's Addition(ZBA 2013- 06) Discussion The subject property consists of one lot on the south side of FM544 east of Springwell Parkway and west of Regency. The entire property, as shown on the proposed concept plan, is approximately 2.88 acres, with a structure of 25,737 s.f. to be for a Daycare use. The current Zoning Ordinance Section 5.2.C.6.c/d requires one and one-half parking space for each teacher and one loading/parking space for every ten students. Given the potential enrollment of the proposed use (500) and the number of employees (30), approximately 100 parking spaces are required. The applicant is asking for a variance to reduce the required parking by 22 spaces for a total of 78 required in accordance with Article 8, Section 8.4.C.4.e, which states that, the Board may waive or reduce the parking and loading requirements in any district, whenever the character use of the building is such as to make unnecessary the full provision of parking or loading facilities, or were such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience. The applicant has provided a concept plan that demonstrates the layout of the parking if the variance were granted. Staff feels that some reduction in parking may be warranted in this circumstance for several reasons. 1. The applicant has stated that while they will be State licensed for a maximum enrollment of 500 students, the average enrollment at any one time will likely be closer to 350-400. This average, by itself, would predicate the reduction of 10-15 parking/loading spaces from the site. The applicant believes that another 10 spaces could be eliminated as they have similar facilities in Texas that provide between 60- 70 parking spaces and prove to be adequate. 2. The parking spaces that would be required under the Zoning Ordinance will be, if the variance is approved, utilized for additional landscaping, as noted on the concept plan. Section 7.7 of the Zoning Ordinance states, "...[the] creation of impervious cover can have a negative effect on the ecological balance of an area....and accelerate the process of runoff, erosion, and sedimentation." By decreasing Page 1 of 2 Page 2 of 2 ZBOA 2013-06 the required parking (i.e. impervious surface) and creating additional landscaping, a granted Variance would be keeping within this section of the Zoning Ordinance. 3. Staff is currently in the process of reducing the required parking on most uses within the city, daycare uses included. The proposed change to daycare use would result in about 60 required parking spaces. While this amendment has not been approved by City Council at this time, staff feels confident that even if the number of parking spaces were modified, the number of required spaces will be less than the current Ordinance. CONSIDERATIONS: The Board shall not grant a variance to the development code which: (1) Permits a land use not allowed in the zoning district in which the property is located; or (2) Is in the public right-of-way or on public property; or (3) Alters any definition of the development code; or (4) Is other than the minimum variance that will afford relief with the least modification possible to the requirements of the development code; or (5) Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably make practicable the formulation of a general regulation to be adopted as an amendment to the development code; or (6) Is based exclusively on findings of personal or financial hardship. In order to grant a variance to the development code the Board shall find that all the following have been satisfied: (1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition particular to the affected property; (2) That because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of the development code; (3) That due to such unique physical circumstances or conditions, the strict application of the development code would create a demonstrated hardship; (4) That the demonstrable hardship is not self-imposed; (5) That the variance if granted will not adversely affect the proposed development or use of adjacent property or neighborhood; (6) That the variance, if granted will not change the character of the zoning district in which the property is located; (7) That the variance, if granted is in keeping with the intent of the development code; and (8) That the variance, if granted will not adversely affect the health, safety or welfare of the citizens of Wylie. Public comment forms were mailed to seventeen (17) property owners within 200 feet of this request, as required by State Law. One, comment was received at the time of this posting, in favor of the variance. Approved By Initial Date RO 08/13/13 Department Director , Arjimiligumi .- LTh '% '\, \ \ ' \ / ' ' / s . ....3 _ Wm W ...... 00 .\\ „, _.__.__ _ _ _ gri, _ ___ _ _ ____ ^ -1. LI IYr11 V as^ Lt101A h v Hooper Road (CR296) d i _,.. •,„ . mug �� _� _u _► ► -.-_,._� -- \ r.) • --, 0 (1) -la 4fflouria �o 42, o /.. —.. _._.Al" �_ O --C: � ! f 11 IIII�II ( I p— 1 i ,,.. mg ) i _- _,.__ 1IIllak,,lill r ,.., ji _.,/ 2 o ii MK — Z lobiCN .,...a alma Y _______ '_ eWrn alli MIIM I Y b -�` =_1 . .n 1 .Lif ,,,illifromniri i,■ei it ,W ..,,l'r",u. -- __.,. ._._ ____ I -17.40, w T. mp Im �� I,, 1.tea MN I - `� liti MINN mull 1 v : ` . it[1t11t1 u ��� U _ I�v11uunnnit� 4 ' � ' , �+U .,ud ,nwoy U lilliar isman.ti �numimpia ���unntumr ■ ,,a5 ,,,,, a Q ma at. COU.4....4.- =cm ans„ ,4,.,:.„.7*, M ''- PI114141,11111.11111N,...... .-... 11.1% w mo no= +! " e* imam annti j� N�/~ am illi ,w'� aim-'~'� "'� "'"'_ '�:�i ��� ___ agarrLow am ali Ns flhiV1Jii!IUI*P=jWvei Km Maam mom Ma WA nil am . it mom maw 'NM ■ �� N is II ii Iil ,. _____ -- Ilia WWII NM mho 111 �g 1 �C ,,e /\ �4 a4 � ._ _ - irrafiT- 1 PRELIMINARY SITE PLAN CITY,S7ATE-STREET: WYLIE, TX- 2899 fm 544 & 389 SPRINGWELL PKWY. PROTOTYPE: CLA-25 DEVELOPER DESIGNER DATE: BUILDING SF: 25,737 COMPANY: CROSS DEVELOPMENT - COMPANY: CROSS ARCHITECTS _ 07/25/13 ACREAGE: 2.88 NAME: STEVE RUMSEY NAME: BRIAN RUMSEY 103 REQUIRED PARKING SPACES: 78 PROVIDED PHONE#: 214.893.4208 PHONE#: 972.398.6644 WEST FM 544 PROPERTY LINE a -----2 (1111.i. o o 0) rv, j 8 — si / , \ , I ! \25 BUILDING SETBACK \ b I ! ! 20. I 8 st CV ______ w to �o , , w o AD 11 zwl �1 W / r 0 0 I �J r.. 71 o - — `--s — cr I= 0/ �►E -,_____, "o' 9.00 I a 24' FIRE LANE Ow �--- '� , .4 — c0 -8 C) -2, 8 • .• ... ... N'9 '9 '9 dri of I b oci b ;/ .. *V : - • ' . .- • i. 4.. .. i• .' .._I " --r - ' •4 0 197.00' 29.94' ( 0 • CHILDREN'S LEARNING ADVENTURE v w / • 25,737 SF o CO z / •/ O(n Ct C73 0 a. V�a D Z Q _J O / Q. ' C� co 31.00' (7] i 13 � „ ,on CI- o 0 C 4 tO :/ '� sao, . 0 ED 3 4$ .. ‘-.--,,, ill — —, .-...1.— . L 83.50' . -I m Z j PLAYGROUND o • • 'I \' 28,478 SF ® . • ) o CL ! K / \ `" �J LARGE PLAY w MID PLAY V ) g 0 ` STRUCTURE STRUCTURE a 1, \ ` I CI t Oi / - �� o 0 0 a 0 � ' o 0 0 0 0 0 0 0 0 � i 9 . • , •% ;�� %fir//.��/�//!%//r "us 24' FIRE LANE " 25 PARKING SPACES N VARIANCE REQUEST 10' BU LDING SETBACK & _ _ 10' T.Pj.&L CO. EASEMENT T' — I PROPERTY LINE NOTES: Z 1. SITE PLAN PREPARED WITHOUT BENEFIT OF TITLE Q OPINION, DEED RESTRICTION, OR SURVEY. X I 2. SITE.SUBJECT TO CHANGE PENDING ALL STATE AND CITY ORDINANCES OR DEED RESTRICTIONS. 0' 20' 40' 80' 3. BUILDING AND SITE SIGN LOCATION, SQUARE SEP 19 2041 FOOTAGE,AND TYPE SUBJECT TO CHANGE PENDING ALL STATE AND CITY ORDINANCES OR Z#J4[ SCALE= 1": 40' DEED RESTRICTIONS. �li I1 305 L.)-.�• .�..� � I � 32 307 ;QG 9 .iOG 10 EXP �.-. �; ,o Cobblestone 3Qe ,I — Drive 1A I - I I Firestone C.rvette C.) CD Ad idol': 2 I lA 18 2 � ✓ 544 / Sp '�ngwe l bA C'r 20 3 r 27 Tr 2S Tr 29 Tr 30 Tr 31 1 B : f''id.£ 74 5tA Ko >\r y;lr G Y r i Gr\ {�, s } •,, \/� r r� - r r- > J' r. 3101 3001 I 2961 J �i 2 -,f k>rrw$ .`"-5,:, '' y .. 2S1> 2513 2811 2S0€) I f l I J ✓ 3080 i 3010 r S x I 2 I0 ?SQ6 J rr r�>f i (�� r 7�� /\/ 1.,k 15R 'y F.>>. y "', •.a t F - _ -, �r ,-,s-!r I 3 I I I t r ✓ r Add1SIQn •; s w✓ '% I I I l.CnIT!Ad y 1''' ' r € a4 303Q ;f�.�\ r .r ! • rl �� API ", "� r'r .r'r m ,f l i r� xJ+>'Jl J 1 y 4 I 4,s e %lr.rr r r , ,.. 7 S '� ,q ,s-+,> 17R Regency teel I I —..— .--- 11C Business �mpus 1013 0C Busin C; ® I IR i 7 10A g q 10 • i+-1 12 > I I CID ; I.1A .—..—..—..—..—..— — — 11 I10 23 25 31 I 1 2 3 101 i 112 I 3 114 rm OWNER NOTIFICATION MAP ZBA CASE #2013-06 NOTIFICATION REPORT APPLICANT: Carl Frontera APPLICATION FILE 2013-06 3131 E.Camelback Road#420 Phoenix,AZ 85016 # BLKIABST LOT/TRACT TAX I.D.# PROPERTY OWNER NAME ADDRESS Applicant 3131 E.Camelback Road#420 1 Carl Frontera Phoenix,AZ 85016 Jacobs Addn PO Box 830761 2 Blk A Lot 1 R-1955-00A-0010-1 Alpay Living Trust Richardson,Texas 75083 Jacobs Addn 2709 Sugar Maple Drive 3 Blk B Lot 1 R-1955-00B-0010-1 Scott Goldenberg Wylie,Texas 75098 Jacobs Addn 104 Maxwell Creek Road 4 Blk B Lot 2 R-1955-00B-0020-1 Ronald Williford Wylie,Texas 75098 _ Woodbridge Center 2001 Ross Avenue 5 Blk A I Lot 15R I R-9638-00A-015R-1 Woodbridge Crossing,LP Dallas,Texas 75201 Woodbridge Center 2002 Ross Avenue 6 Blk A I Lot 16 R I R-9638-00A-016R-1 Woodbridge Crossing,LP Dallas,Texas 75202 Woodbridge Center 2003 Ross Avenue 7 Blk A Lot 17R R-9638-00A-017R-1 Woodbridge Crossing,LP Dallas,Texas 75203 Regency Steel BC 16 Steel Road 8 Blk A Lot 7 R-9505-00A-0070-1 Arbor Acres,Inc. Wylie,Texas 75098 FM 544/Springwell 535 Mariott Drive 9 Blk A I Lot lA I R-4803-00A-0010-1 Wylie Firestone,LLC Nashville,TN 37214 FM 544/Springwell 1241 Mohawk Trail 10 Blk A I Lot 1B I R-4803-00A-001B-1 Ronald Trout Richardson,Texas 75080 FM 544/Springwell 8519 Cherry Hill Drive 11 Blk A Lot 2 R-4803-00A-0020-1 Bruck-Robertson Family Dallas,Texas 75243 2114 Lakemere Drive 12 Abst 835 Tract 24 R-6835-000-0240-1 Arthur Willis Garland,Texas 75041 104 Maxwell Creek Road 13 Abst 835 Tract 26 R-6835-000-0260-1 Ronald Williford Wylie,Texas 75098 2055 NW CR 3091 14 Abst 849 Tract 26 R-6849-000-0260-1 Watts Family Trust Frost,Texas 76641 715 Sherwood Drive 15 Abst 849 Tract 27 R-6849-000-0270-1 Marylon Williams Richardson,Texas 75080 16 17 18 19 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case#2013-06. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2013-06. Date, Location&Time of Planning&Zoning Commission meeting: Monday,August 19,2013,7:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: W °o U i3 .t 47 (re— C R-0 S S 1J6"' S C--, (please print) Address: ?7 ftk-p W F IAA S ,-+- w Y e- s -7 5- 0 S Signature: /$/ _ /d'. „cf:44,4„..rtc2 Date: 1 3 COMMENTS: