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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/28/1996 Planning & Zoning Commission Minutes - May 28, 1996 Page 1 of 5 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Lebo at 7:00 P.M. on May 28,1996. Roll Call: Present: Commissioners Marie Powell, Greg Austin, Jody Short, Sam McCollough, Steve Lebo Tom Westerman Doug Henderson, Mike Soab, Tom Niederauer, Jan Hofstrom Absent: Staff: Invocation: The invocation was given by Commissioner Powell. Approval of Minutes: May 13,1995 Chairman Lebo moved to approve the minutes as submitted. Commissioner Austin seconded the motion. The vote being: Ayes: Powell, Austin, Short, McCollough, Lebo Noes: None 1. Lots 1 thru 3, Block 2, Powell Estates, Combination Preliminary Plan & Final Plat, 7.0766 acres out of the D.R Teeter Survey, Abstract 1518, Tracts 6C2 & 6C1, and the S. Cotrail Survey, Abstract 328, Tracts 3M1 & 3G, Case P-96-067, OWNER/APPLICANT: Robert E. Cline/Carole Heath (Oak Knoll Dr. & Cheshire Dr.) Staff presented the case and presented the Commission with a letter from the Engineering Department outlining items which needed to be addressed by the applicant. Following discussion by the Commission, Commissioner McCollough moved to approve the combination preliminary plan and final plat, Case P-96-067, subject to the conditions set forth in the City of Colleyville letter dated May 20,1996 to David Myers at David Moak Surveyors being met. Commissioner Short seconded the motion. The vote being: Ayes: Austin, \'Vesterman, Short, McCollough, Lebo Noes: Powell 2. PUBLIC HEARING - Lots 1 R-A & 1 R-B, Block 1, Brighton Oaks Addition, being a Replat of Lot 1, Block 1, Section One, Brighton Oaks Addition, 1 .227 acres, Case P-96-068, OWNER/APPLICANT: David P. & Jane Holt Duecaster (N.E. Corner of Sherwood Lane & Jackson Road) Staff presented the case to the Commission and information regarding the RO.W. on Jackson Road. David Duecaster, 3500 Sweetwood, Bedford, was present to represent the case to the Commission. Chairman Lebo opened the public hearing. Those present wishing to speak were: Phil Kelly,2808 Sherwood Lane-opposed: spoke about past drainage problems and concerns about major problems resulting by the change in drainage patterns when an additional lot is raised by fill for future development; had questions about RO.W.; stated that the division of the Planning & Zoning Commission Minutes - May 28, 1996 Page 2 of 5 lot was not allowed by the deed restrictions for Brighton Oaks Addition. J. P. Gibson, 2604 Sherwood Lane-opposed: was the original owner of the lot and stated that when he sold the lot to Mr. Duecaster he told him that the portion which was proposed as a new lot was unable to be developed; the water running in the ditch is getting worse because of the additional drainage from Bedford; with additional development, there is an additional potential for flooding. Dale Bransell, 2700 Sherwood Lane-opposed: opposed to smaller lots in an area where the lots in the subdivision exhibit a country feel with one acre lots; the drainage patterns in the subdivision have changed and flooding has increased; the creek is changing paths because of dirt being brought into the area and his house has already flooded twice. Julia White, 2904 Hickory Hill-opposed. Dwight Gann, 4205 Allendale-opposed: due to flooding in the area; in favor of rural setting and is opposed to smaller lots; protective covenants of the addition do not allow the subdivision of the lot. Mrs. Jack Potter, 4005 Allendale-opposed. Linda Langston, 2908 Sherwood-opposed: because of flooding. L. D. Gann, 2905 Sherwood-opposed: to smaller lots in the area. Chairman Lebo closed the public hearing. Following discussion by the Commission, Commissioner Lebo moved to deny the replat of Lot 1, Block 1, Brighton Oaks Addition, Case P-96-068. Commissioner Powell seconded the motion. The vote being: Ayes: Powell, Austin, Short, McCollough, Lebo Noes: None 3. PUBLIC HEARING - Zoning Change Request, from CN (neighborhood commercial) to CC-1 (village retail) on 37,255 s.f., Tract 1, Block 5-R, Woodbriar Estates West and a SUP (special use permit) on a 3,027 s.f. portion of the building to allow alcoholic beverage sales for on-premise consumption, Case Z-96-070, OWNER/APPLICANT: Harvey Lavan Cliburn/Jim Walker for Cafe Portobello (Greenbriar Dr. & Colleyville Blvd.) Staff presented the case to the Commission. The Commission had questions for staff about the possibilities of the building meeting the newly created design criteria for the zoning district. Jim Walker, representing the owners, was present to represent the case. He told the Commission that he was not advised by staff that there was a possibility that they would have to meet design criteria and they had already proposed a landscape plan to more closely meet the landscape ordinance requirements. Chairman Lebo opened the public hearing. There being no one present wishing to speak, the public hearing was closed. The Commission addressed the issue of design criteria and felt that Planning & Zoning Commission Minutes - May 28, 1996 Page 3 of 5 the increase in landscaping and the potential tax revenue from a quality restaurant offset the need for a change in the facade of the building. Commissioner Short moved to recommend approval of the zoning change request from CN to CC-1 and a special use permit on a portion of the building to allow alcoholic beverage sales for on-premise consumption, Case Z-96-070. Chairman Lebo seconded the motion. The vote being: Ayes: Powell, Austin, Short, McCollough, Lebo Noes: None 4. PUBLIC HEARING - Zoning Change Request, from AG (agricultural) to PUD-R (planned unit development residential) on 6.684 acres out of the D.R. Teeter Survey, Abstract 1518, Tract 4A, Case Z-96-071, OWNER/APPLICANT: C-First Partners/Craig Spaulding, SunBridge Assisted Living, (North East corner of Cheek Sparger & Jackson Road) Staff presented the case to the Commission. Craig Spaulding, SunBridge Assisted Living, gave the history of the project and told how they changed the standard prototype to adjust to the community standards. He said that the project would cost approximately $7.5 million to develop. Jim Davidson, South Bay Partners, presented pictures of the project and told about the meeting that was held with the Mayor of Colleyville and surrounding homeowners and how they adjusted the height of the building to meet their concerns. They will build beams berms and install landscaping to restrict and reduce the sight line. He said that they will provide a clay tile or concrete tile roof. Mr. Davidson told the Commission that the building will be constructed of non- combustible materials and be fully sprinkled. The building will have a brick and stucco exterior compatible with surrounding residences in the area and they have proposed a brick column and wrought iron perimeter fence along Cheek Sparger and Jackson roads. He said that current utilities can accommodate the facility. Jerry Meyer, SunBridge Assisted Living, spoke and said that they want to maintain the residential character in the area and they desire to not be a nursing home but a residential facility to people who do not require nursing care and can live independently and the company is financially sound and does not anticipate a change in ownership. Commissioner Austin asked what the worse case scenario would be if the company went bankrupt and would the PUD-R allow any other use of the building other than assisted living. Mr. Meyer said that they will cater to relatively affluent independent senior citizens and charges will be calculated by services required and range from $2,000 to $4,000 monthly and the company was financially sound. Chairman Lebo opened the public hearing. Those present wishing to speak were: Mike Evans, 2502 Kensington-opposed: does not want view of commercial building from his property; concerns about elderly driving in the area; opposed to minimum wage workers coming into area; concerned about potential for future bankruptcy by the owner and change in future use; Planning & Zoning Commission Minutes - May 28, 1996 Page 4 of 5 concerns about evacuation of clients in case of fire with so many people in a small area; concerns about property values. Mary Cornelius, 2501 Kensington Place-opposed: concerns about future if business would vacate the premises; safety issues with limited ingress and egress in prime time as traffic is already backed up in the area; noise of delivery trucks; drainage from back of property into The Hills of Central Park beams berms could create drainage problems; number of additional people on the site could create a disturbance; concerns about the number of workers coming into a residential area. David Bell, 3916 Jackson Road-opposed: said that he is the resident closest to the site and would experience problems that people in Hiss Hills of Central Park do not have; opposed to apartment like facility; building sits too close to Jackson and Cheek Sparger; opposed to the density factor; concerns about driveway on Cheek Sparger and limited vision because of the hill; the lot already sits higher than his lot and the project reduces the appeal of his property. Bob Hasset, 2500 Kensington-opposed because of the future use of the business if the owners no longer are involved in the project. Edmund Anderson, 3908 Jackson-opposed: concerns about the increase in ambulance traffic and noise; concerns about general increase in traffic as it is already a problem; his lot sits lower and facility would increase runoff. Mike Rader, C-First Partners, owners of the property where the project would be built-in favor. He said that he has been before the Planning and Zoning Commission to find a use for the property. A commercial project was denied; a residential with a joint fire station was denied; and a residential project was denied. He said that the level of traffic will not be greatly affected by the project, and addressed the concerns about the quality of the project and the financial strength of the company doing the project. Phil Kelly, 2808 Sherwood Lane-opposed. Jim Stevens, 3604 San Bar Lane-in favor: stated that he is disappointed by the represented neighbors especially from The Hills of Central Park. He said that five out of the entire area are opposed and others in favor are not represented. He told the Commission that as a tax payer in the city, he wants the property developed. There being no one else present wishing to speak, the public hearing was closed. The Commission discussed the case. Commissioner Austin stated that for the record he had no concerns about who would come into the area to work, where they came from. and was not concerned about the salary of the workers. Following further discussion, Chairman Lebo moved to recommend denial of the zoning change request from AG to PUD-R, Case Z-96-071. Chairman Austin seconded the motion. The vote being: Ayes: Powell, Austin, Lebo Noes: Short, McCollough Planning & Zoning Commission Minutes - May 28,1996 Page 5 of 5 5. Staff comments, reports and discussion items: There were none. 6. Commissioners' comments and reports: There were none. ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 9:35 p.m. Chairman Lebo seconded the motion. The motion passed by an "Aye" voice vote. Respectfully Submitted, an Hofstrom Planning & Zoning Secretary Approved on: (}'//(})~Ito 12A.2 .~ - ;jtf- { I' NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. jh/b:minl0528.2nd