HomeMy WebLinkAboutAD26-000002 Letter (2)
March 20, 2026
Lee Radley
SEG, LLC
16910 Dallas Parkway Suite 200
Dallas, TX, 75248
Dear Mr. Radley,
We have reviewed your request for an Administrative Determination to confirm specific
allowances within the provisions of The Charles Development Agreement, dated October
20, 2022. No changes or amendments to the existing development agreement recorded by
instrument number 2022-048429 are proposed. Not withstanding all other provisions
within the DA, the following permissions are hereby approved:
1. Article II, Section 10 – Landscape Buffer Requirements
• Section 10 references Caldwell City Code §10-07-08, which is no longer the
current landscaping code. The Developer may choose to develop in
accordance with the old code under which the application was approved or
may choose to comply with the current landscaping code 10-02-09.
• Sections 6.E and 6.F of the Agreement confirm that the required buffer may
overlap with a utility easement. The Developer may apply for an alternate
method of compliance if they are not able to meet standard City code
regarding landscaping in this area.
• The site contains an irrigation easement associated with the Fenton Lateral
and the required landscape buffer may overlap this irrigation easement if
permitted by the irrigation district. The Parties will work with the irrigation
district to ensure plantings are appropriate for the easement. Where the
Developer is unable to meet code, they may apply for an alternative
method of compliance.
2. Article II, Section 14 – Engineering Department Memo / Exhibit PA-3
• Section 14 references a “Section 2.8 – Public Services, Utilities, and Facilities”,
which does not exist in the Agreement. Staff agrees that the reference is
intended to apply to Exhibit PA-3: City of Caldwell Engineering Comments and
3. Article II, Section 17 – Substantial Compliance With Preliminary Plat:
Section 17 states that The Charles must be developed in substantial compliance with the approved
preliminary plat. Determination of what constitutes a “substantial deviation” is expressly delegated to
the Community Development Director, who has determined that the below conditions do not constitute
a substantial deviation:
• An increase in commercial lot counts, provided the acreage does not decrease.
• The addition of new access locations, provided they do not substantially alter the alignment of
the subdivision’s ingress/egress access points and/or connectivity of the subdivision’s roadway
network to a degree that would necessitate changes to the traffic impact study, or adversely
impact the original engineering conditions for the project and are approved by the City Engineer.
4. Article II, Section 23 – Commercial Buildings on Preliminary Plat:
Section 23 identifies certain buildings on the preliminary plat as “commercial uses.” Consistent with
Section 17, the Director of Community Development is authorized to determine whether changes in
the naming convention, number, configuration, or location of those buildings constitute substantial
deviations. The Director may therefore administratively approve modifications to building count or
numbering without requiring City Council approval.
5. Exhibit PA-3 – Engineering Comments and Conditions:
• Lot Count Description:
The opening paragraph of Exhibit PA-3 describes the project as containing “192 total lots.” Staff
agrees this paragraph is descriptive of the Developer’s original request and that the number of
commercial lots may change provided the commercial acreage does not decrease. The number of
residential lots may change as allowed by code, provided the overall residential density does not
increase. Lot count control is governed by the approved preliminary plat, subject to the
interpretation in Section 17 above.
• Rights-of-Way, Section 5 – Drive Aisle Widths:
Section 5 requires 26-foot internal circulation drive aisles (face of curb to face of curb). This
requirement applies to primary circulation aisles. Non-circulation aisles, such as parking drive
aisles, may be less than 26 feet (e.g., 24-foot), so long as they are approved by the Fire Marshal and
approved by engineering at time of construction drawings.
• Street Section 7 – Direct Access Restrictions:
Section 7 prohibits “direct access” to Highway 55 (Karcher Road), Moss Street, or Lake Avenue.,
meaning exclusive or sole access from an individual lot or building. Shared access drives with
mutual access easements, even if located on a single lot, do not constitute direct access and
comply with this section provided they were included in the preliminary plat or are comply with
Section 17 above.
Sincerely,
Morgan Bessaw
Deputy Director of Community Development