Colleyville Council Denies Edwards Zoning
By Linda Newton

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Dateline Colleyville..Wednesday, December 19, 2001

COUNCIL DENIES REZONING REQUEST FOR CHEEK SPARGER RESIDENCE…by Linda Newton

After holding at least seven public hearings since early September at Planning and Zoning Commission and City Council meetings, the Colleyville City Council denied Claire Edwards request to rezone her property on Cheek Sparger Road from R20 to PUD-R in a 4-1 vote Tuesday night.

Edwards purchased an older home at the northeast corner of Cheek Sparger Road and Felps Drive and completed extensive remodeling prior to occupying the building. The city received a complaint about the property being used as an office, and determined that the use of the building was not in compliance with the R20 (residential) zoning. According to the applicant, she was advised to apply for Commercial Professional Office zoning and did so. After two hearings each at the Planning & Zoning Commission and City Council meetings for that zoning request, Edwards was advised by the council to return to the P&Z level and change her rezoning request to PUD-R. That zoning category allows mixed land uses on the same site, and allows the city to place additional restraints on the use of the property.

During the various hearings many residents of the Andy Felps subdivision spoke in favor of the rezoning request, while residents from the Bridlewood subdivision and neighborhoods south of Cheek Sparger spoke against it. This was the second time in the last year and a half that the neighborhoods took opposite positions on a zoning case. Residents of the newer subdivisions in the area opposed the rezoning request in 2000 that would have allowed the owners of the older homes in the area to sell to a developer who planned to create a commercial center anchored by a Wal Mart Neighborhood Grocery.

Proponents of Ms. Edward’s request argued that the property in question was greatly improved, enhanced the neighborhood, and would not create any hazards or problems for the neighborhood. Opponents expressed concerns that the rezoning would enable other property owners to eventually change the uses of their properties and could change the character of the neighborhood. The majority of the land in the area zoned R-20 is in the Andy Felps subdivision. Other zoning categories in the immediate vicinity include R-15 (residential with 15,000 square foot lot minimums), CN (Neighborhood Commercial), PUD-C (commercial), CC1 and CC2 (commercial), and R-MF (multi-family). The Bridlewood subdivision is actually zoned multi-family, but was developed as single family in the early 1990’s due to the settlement of a lawsuit between the City of Colleyville and the RTC.


Steven Knight spoke against the Edwards Zoning


Peggy Dennie spoke in favor on Ms.
Edwards zoning request


Paul Fischer spoke in favor of Ms. Edwards zoning request

Issues raised during the council’s discussion of the rezoning concerned the restrictions and enforcement of ordinances regulating home based businesses. There currently is no monitoring system to ensure that such businesses are in compliance with zoning regulations, and enforcement is typically initiated by complaints from citizens. Colleyville ordinances allow certain types of businesses to be located in residences as long as the space devoted to the business is less than 25% of the area, and no employees outside of the family are engaged in the business at the residential location.

Councilman Richard Newton voted against the denial after asking city staff to point out on the map the zoning of other properties in the area, and stating that he felt the opposition’s concerns could be remedied through the restrictions the PUD-R zoning allowed the council to place on the property. Other council members agreed that while this was a tough decision to make, they preferred to leave the zoning as is.

Requests for similar zonings have been approved in recent years. Examples cited during the hearings include the new construction on the property owned by Frank Ritz at the corner of Timberline Drive North and Bransford Road. Two older homes were remodeled and converted to offices on Thompson Terrace at Glade Road by Tom Miller after a zoning change from R-20 to CC-1 was sought and obtained.


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