Colleyville
Council Denies Edwards Zoning |
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Colleyville..Wednesday, December 19, 2001 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. 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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