P&Z Unanimously Denies Zoning Request for PUD-R on Cheek Sparger Road


Monday,  November 18, 2001


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November 30, 2001
Colleyville City Park

Dateline Colleyville: Monday November 18, 2001 10:19 AM

P&Z Unanimously Denies Zoning Request for PUD-R on Cheek Sparger Road

Commissioners Jeff Wall, Bob Culley, Earl Swift, Mark Jones, Bud Sellers and Chairman Gasper were present.  Commissioner Hollis was absent.

Item 1

The Commission unanimously approved the residential zoning change from AG (Agricultural) to R40 (Single Family Residential 40,000 Sq. Ft. Lot) at 5102 Montclair Drive requested by Donald Wilson.  Mr. Wilson and his family currently reside in Colleyville and intend to build a new home at this location.

Item 2

The Commission unanimously denied the controversial residential zoning change from R20 (Single Family Residential 20,000 Sq. Ft. Lot) to PUD-R (Planned Unit Development – Residential) requested by Claire Edwards located at the corner of Cheek-Sparger and Acuff Lane.  Seven citizens spoke at the public hearing.  Four opposed the change and three were in favor of the change.

Ms. Edwards had requested the change in an effort to bring her home-based accounting business into compliance with city code.  The requested PUD-R zoning, for which city staff recommended approval, was designed to limit the amount of the residence that could be used for the business, limit the parking area and limit signage for the business to one square foot. 

Due to the emotional nature of the previous hearing on this issue Charmin Gasper gave the following comments prior to opening the public hearing:

“The Commission recognizes that Ms. Edwards has been an active contributing member of our community.  It also recognizes that she has earned many professional recognitions.  The commission is aware that Ms. Edwards has many personal friends, and business associates who can speak to her upstanding character and contributions to our community.

However, the issue before this Commission is whether or not the ordinance proposed by Ms. Edwards should be modified, and if modified what modifications.  And whether or not to recommend approval to the City Council. 

Since the case pertains to a residential district, the Commission has an obligation under the City’s Master Plan, to preserve the residential character within this zoning district unless there is some compelling public reason for the Commission to not follow the Master Plan.

Therefore, the Commission is specifically interested in comments which address the issues surrounding whether or not the ordinance should be modified, any modification which the public thinks should be made, and the reason that the public support or does not support the proposed ordinance.”

The Master Plan, though frequently overruled by the City Council, serves as the City’s guide in land use issues.  Even though the current Master Plan indicates future commercial usage close to this neighborhood, area residents oppose any new commercial zoning in this area citing concerns that Ms. Edwards business would increase traffic on Cheek-Sparger and possibly increase crime due to the commercial usage.

The PUD zoning has solved similar problems in other areas of the city such as the Ritz property on Bransford and the Tom Miller property on Thompson Terrace.

This item is scheduled to go before City Council on December 4th.

Item 3

The Commission approved the changes requested by City Council to the Land Development Code by a vote of 5/1, with Chairman Gasper casting the opposing vote.  Previously hotels and motels, drive-in restaurants, veterinary offices with kennels, food caterers, motion picture theaters and building materials vendors with outside storage were allowed by right in CC2 (Shopping Center).  The change passed by the Commission, if approved by Council, will mean that approval by the City Council of an SUP (Special Use Permit) will be required by any of these six uses, even in CC2 zoning.  This change to the ordinance places additional control in the hands of City Council but also additional responsibility for fair and equitable treatment of all parties.

Item 4

The Commission passed a motion regarding changes to the collection of perimeter street fees.  City Council had requested that the Commission review and update the current procedures.  For the past decade perimeter street fees have been waived when a current Colleyville resident chooses to subdivide their property into two lots only, in particular when the subdivision is to provide a building lot for another family member.  Recent Council review showed that over $1,000,000 in fees have been waived in the last year.

The Commission is making a recommendation to Council that the City begin to collect perimeter street fees for residential lots according to lot frontage in linear feet.  Estimated Total Perimeter Street Costs equal $138.78 per foot.

1 Lot
1 Lot
2 Lot
(1st Lot)
2 Lot
(2nd Lot)
Frontage Cost Waiver Waiver Waiver Waiver
100" or less $13,878 100% 100% 100% 50%
200" or less $ 27,756 100% 80% 100% 50%
300" or less $ 41,634  100% 70% 100% 50%
400" or less $55,512 100% 60% 100% 50%
> 500' $69,390 100% 50% 100% 50%

In all cases this recommendation preserves the waiver of perimeter street fees for an owner occupied property with an existing structure when subdividing into two lots only.

The meeting was adjoined at 10:30 PM.

Copyright LNO 2001 - All Rights Reserved

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