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10-19-2015 (Zoning Board of Adjustment) Agenda Packet Zoning oardf o usAd • t men s F 071, ,,,,,),--41 rti 'i - .„,,, - Aiiik ...24,_ , Fi - Li li --- ifi r EI � - ! "`SAW JP 1 w... �ilk N,, s, «rsi.(,,iiov V .,.,» i „:,"" fit" • E' '" s COLORAoo - � lip 4el'It RAfr Airilk Ve (3 1887 . 4.rE OFT ,,' c o er Regular Business Meeting G spit `r' Wylie Zoning Board of L41 & Adjustment paY6'F'Ctg pym. *' ' NOTICE OF MEETING Regular Meeting Agenda Monday, October 19, 2015 - 6:30 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building #100 Linda Jourdan Chair Jason Potts Vice Chair Robert Holcomb Board Member William Hiney Board Member Kevin Finnell Board Member Karyn McGinnis Alternate Board Member Andres Gonzalez Alternate Board Member Renae' 011ie Planning Director Jasen Haskins Sr. Planner Mary Bradley Administrative Assistant In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.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. CONSENT AGENDA 1. Consider and act upon approval of the Minutes for the July 20, 2015 Meeting. 2. Consider and act upon approval of the Minutes for the September 21, 2015 Meeting. October 19,2015 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 from Stephen Foster for a Variance to Section 4.F.0 of the Zoning Ordinance requiring the building materials for commercial structures within a Light Industrial District (LI) to be masonry with 20% stone on the facade, property located at 22 Steel Road, Lot 6, Block A of the Steel Industrial Park Addition. ZBA 2015-13 ADJOURNMENT CERTIFICATION I cert0;that this Notice of Meeting was posted on this 16th day of October, 2015 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed This page is intentionally blank 1411 Wylie Zoning Board of CITY OF WYLIE Adjustment r Minutes Zoning Board of Adjustment Monday, July 20, 2015 — 6:30 pm Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building 100 CALL TO ORDER Board Member Linda Jourdan called the meeting to order at 6:30 p.m. and stated that a quorum was present. Those present were; Board Member Karyn McGinnis, Board Member Kevin Finnell, Board Member Andres Gonzales, and Board Member Bill Hiney. Staff members present were: Jasen Haskins, Sr. Planner and Mary Bradley, Administrative Assistant. ELECTION OF CHAIR AND VICE CHAIR 1. Motion to nominate Vice Chair. A motion was made by Board Member Jourdan, and seconded by Board Member McGinnis, to nominate Board Member Potts as Vice Chair. Motion carried 5 — 0. 2. Motion to nominate Chair. A motion was made by Board Member Finnell, and seconded by Board Member Gonzales, to nominate Board Member Jourdan as Chair. Motion carried 4-0, with Board Member Jourdan abstaining. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the May 18, 2015 Meeting. A motion was made by Board Member Hiney and seconded by Board Member Finnell, to approve the Minutes as submitted. Motion carried 5 - 0. PUBLIC HEARINGS Minutes July 20, 2015 Wylie Zoning Board of Adjustment Page 1 of 3 Item 1 — ZBA 2015-11 Hold a public hearing to Consider and act upon, a request from Jennifer Dominici for a Variance to Ordinance 2014-44, Section 22-447.1.c.1 Wall Signs requiring wall signs within 100 feet of a street to be less than two feet in height displayed for no more than 2-2 week periods, property located at 2300 W FM 544 being Lot 1 Block A of the Medical Plaza Addition. ZBA 2015-11. Staff Comments Mr. Haskins stated that the property is located 2031 State Highway 78, on 1.257 acres. The property owner is Dollar Tree, and Anchor Signs is representing as the applicant. The applicant is proposing a wall sign that consists of two channels, each approximately thirty-six inches in height. Currently, the Ordinance allows signs to be a maximum of two feet in height when mounted to a building that is within one-hundred feet of a street. Dollar Tree is approximately ninety feet from State Highway 78. The applicant is requesting a variance for the wall sign to allow three foot maximum in height, instead of maximum two feet in height. Public Comment Forms were mailed to ten property owners within the 200 feet, with no comment forms received in favor or opposition. Public Comments Chair Jourdan opened the Public Hearing. Mr. Joe Funderburk, Anchor Signs, 2200 Discher Avenue, Charleston, South Carolina, made a presentation to the Board Members stating; • The Building is a free-standing 6,000 square foot • No other signs on the building • The highway is approximately 100 feet wide • All points of advertising visibility is over 100 feet • The facility from the front door to the curb is 90 feet Chair Jourdan closed the Public Hearing. Board Action A motion was made by Board Member Hiney, and seconded by Board Member Finnell, to Grant the variance to allow three foot wall sign. Motion carried 5 — 0. Minutes July 20, 2015 Wylie Zoning Board of Adjustment Page 2 of 3 The Board Members requested Staff to review amending the Ordinance to allow a wall sign to be three feet in height maximum when building is 90 feet from the street. ADJOURNMENT A motion was made by Board Member Gonzales, and seconded by Board Member Finnell to adjourn the meeting. All Board Members were in consensus, and the meeting adjourned at 7:00p.m. Linda Jourdan, Chair ATTEST: Mary Bradley,Administrative Assistant Minutes July 20, 2015 Wylie Zoning Board of Adjustment Page 3 of 3 This page is intentionally blank 1411 Wylie Zoning Board of CITY OF WYLIE Adjustment r Minutes Zoning Board of Adjustment Monday, September 21, 2015— 6:30 pm Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building 100 CALL TO ORDER Chair Linda Jourdan called the meeting to order at 6:30 p.m. and stated that a quorum was present. Board Members present were; Board Member Kevin Finnell, Board Member Robert Holcomb, and Board Member Bill Hiney. Staff members present were: Renae' 011ie, Planning Director, Jasen Haskins, Sr. Planner and Mary Bradley, Administrative Assistant. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the May 18, 2015 Meeting. A motion was made by Board Member Hiney and seconded by Board Member Finnell, to approve the Minutes with changes noted to reflect Board Member Gonzales made motion to approve Minutes March 16, 2015, and not Board Member Holcomb. Motion carried 4 — 0. PUBLIC HEARINGS Item 1 — ZBA 2015-12 Hold a Public Hearing to consider and act upon, a request from Dustin Chappell for a variance to Section 4.3.F.1.a(1) of the Zoning Ordinance requiring the building materials for commercial structures within a Heavy Industrial District (HI) to be masonry with 20% stone on the façade, property located at 810 SH 78 in the Francisco de la Pena Survey Tract 688 and 211. ZBA 2015-12. Staff Comments Mr. Haskins stated that the applicant is North Texas Municipal Water District (NTMWD) and the developer is Dustin Chappell with Huitt- Minutes September 21, 2015 Wylie Zoning Board of Adjustment Page 1 of 2 Zollars. The applicant/Developer has requested a variance to allow for additions to two existing metal buildings. The structures are currently legally non-conforming, and predate the current Ordinance. The property is over 80 acres and is a separate political subdivision of the State of Texas. The property is highly unlikely to be sold and repurposed. One of the buildings is a Paint Facility and the other is a Warehouse/Maintenance facility. Both buildings are located in the middle of the property, and will not be visible from any public street which represents a unique circumstance of this property. One of the stated purposes of the materials requirements is aesthetics to maintain property values. Aesthetics are not as much of a concern in this case because of the location and property owner. Public Comment forms were mailed to nine property owners within 200 feet of the request. No comment forms were returned in favor or in opposition of the request. Public Comments Chair Jourdan opened the Public Hearing. With no one approaching the Board Member, Chair Jourdan closed the Public Hearing. Board Action A motion was made by Board Member Hiney, and seconded by Board Member Holcomb, to Grant the variance as submitted. Motion carried 4 — O. ADJOURNMENT A motion was made by Board Member Holcomb, and seconded by Board Member Finnell to adjourn the meeting. All Board Members were in consensus, and the meeting adjourned at 6:41p.m. Linda Jourdan, Chair ATTEST: Mary Bradley,Administrative Assistant Minutes September 21, 2015 Wylie Zoning Board of Adjustment Page 2 of 2 Wylie Zoning Board of �� ...... Adjustment OF WYLIE AGENDA REPORT Meeting Date: October 19,2015 Item Number: 1 Department: Planning Case Number: 2015-13 Prepared By: Jasen Haskins Project Location: 22 Steel Road Date Prepared: October 12,2015 Subdivision Name: Steel Industrial Park Addition Location Map, Exhibit, Notification List and Map Exhibits: with Responses Subject Hold a public hearing to consider and act upon, a request from Stephen Foster for a Variance to Section 4.F.0 of the Zoning Ordinance requiring the building materials for commercial structures within a Light Industrial District(LI) to be masonry with 20% stone on the facade,property located at 22 Steel Road, Lot 6, Block A of the Steel Industrial Park Addition. Discussion Applicant: Stephen Foster Owner: Trafalgar Steel, LLC The subject property is located at 22 Steel Road and is a 100%metal structure. The applicant requests a variance to Section 4.F.1.0 of the Zoning Ordinance which states: "Primary materials for buildings in the NS, CR, CC, BG, LI and HI districts shall be constructed of a masonry product with at least 20 percent stone on the front facade. Approved masonry materials include, but are not limited to brick, stone, cast stone, decorative concrete, concrete block, stucco or cementitious fiberboard. Tilt wall construction is permissible in LI and HI districts." The property is located in a Light Industrial District in which there are metal buildings, as they predate the current Ordinance. However, most of those were updated with masonry facades. Many more, including nearly all of those in the Hooper Business Park located about 1300' to the east of the subject property,were constructed after the Ordinance update and are 100%masonry. The property was legally non-conforming until April of 2012. The steel structure of the building was allowed up to that time because the Ordinance allowed metal as an exterior building material when the structure was built in 1986. The City allows non-conforming uses to continue even through change of ownership or tenant provided the previous use and proposed use are very similar. The applicant requested a Certificate of Occupancy (CO) for a Personal Service Use, Gym, which differs from the previous uses closely related to office/warehouse. The change of use requires that the structure conform to current standards. Therefore the applicant applied for, and was granted, a Variance by the Zoning Board of Adjustments to allow the metal building to be used for a period of 30 months. In that time, the Gym went out of business and the property owner has had other tenants as the Variance granted by the Board in 2012 made the structure legal until October 2014. The applicant was recently denied a new Certificate of Occupancy based on the structures now non-conforming status and Page 1 of 2 Page 2 of 2 ZBOA 2015-13 has thus applied for a new Variance. Unlike the legally non-conforming status previously held, a continuation of a similar use is not allowed.No use may occupy the building without a Variance or a building that complies with current standards. Public comment forms were mailed to 12 (twelve) property owners within 200 feet of this request, as required by State Law. One comment form was received in favor and none in opposition have been received at the time of this posting. 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. Approved By Initial Date RO 10/13/15 Department Director ,.w bOIIII1IJ ,, „ 1 ,,,,,„, .,,,,r,- -, ,, , I , t'---' ,,,,,--1,"t,-1 ,,,,' , .wm µ� : . al + / :iLI .w ;il _ILL In 1 I 11 + PP , P"' ilil 1p CCU f 1 N o + s h_ ', ,,1 1 ,1, 111 " ivr,,,,,,,,:::: , . 11 _ .1 , —1 ,, , 1 _ , • • , 111 11 , / ,„ , , ,1 1 1 1 , ,„,. , ,,,I , ____, , .,,__I ITJ111' r , „; ,,f .h, + �� L, Lit .,li; 1 Y 4 � w ._„..:..„... _._ am,., r l jip r... y- . , r r p _ .,.»...».._..... ..». fin, �a�r� � ."Mt I,�. _ NJ r 1 P , ry , pp¢¢ v V r'rX L C 11O 1 MAP PUBLIC COMM MENTFORM (I"Ieuse type or use black ink) Planning Department 300 Country Club Road Building 100 Wylie,Texas 750198 I am FOR the requested varianceas explained on the attached public notice for ZBA Carse 42015-13. I am AAAI NSI'the requested variance as explained on the attached public notice fiv ZBA Case ft2015-13. L)"'w' Location&I"iryle of Planning&Zoning Commission meeting: Monday, October 19,2015,6:30 pni Municipal Complex,300 Country Club Road, Building 100, Wylie, Texas v'7 3. I-Q'— (j,71euse prinl)'� qp wr Address: ED ---------------C-Q-�'::)-.1 V, Signature: Date: Q COMMENTS: ..........