Ord. 509-788 07-25-05ORDINANCE NO. 509-788
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING
0.855 ACRES OF LAND, BLOCK 1, OF THE WEST OAKS RECREATION
CENTER PHASE A, ABSTRACT 241, H.T. & B.R.R. COMPANY
SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(LOCATED AT 6601 OLD OAKS BOULEVARD) (SPECIFIC USE PERMIT
APPLICATION NO. 145) FOR A SPECIFIC USE PERMIT FOR A
SUBDIVISION HOMEOWNERS ASSOCIATION RECREATION CENTER,
IN THE SUBURBAN DEVELOPMENT DISTRICT (SD(S)) AT THE
REQUEST OF PAUL MARCACCIO, APPLICANT FOR WEST OAKS
HOMEOWNERS ASSOCIATION, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Paul Marcaccio, applicant for West Oaks Homeowners Association,
owner, filed on May 19, 2005, an application for amendment pursuant to Section 28 of
Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for
approval of a change in the land use as provided for in said Section 28, said property
being legally described in the original applications for amendment attached hereto and
made a part hereof for all purposes as Exhibit "A"; and
WHEREAS, on the 20th day of June, 2005, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached thereto and made a part hereof for all
purposes, as Exhibit "B", said call and notice being in strict conformity with provisions
of Section 28.3 and 28.4 of Ordinance No. 509; and
1
ORDINANCE NO. 509-788
WHEREAS, on the 1st day of July, 2005, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Paul Marcaccio, applicant for West Oaks
Homeowners Association, owner, whereby the Commission recommended approval of
the Specific Use Permit for a subdivision homeowners association recreation center, in
the Suburban Development District (SD(S)); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on July 11, 2005; and
WHEREAS, the City Council having fully heard the testimony and argument of
all interested parties, and having been fully advised in the premises, finds that in the
case of the application of Paul Marcaccio, applicant for West Oaks Homeowners
Association, owner, presented which, in the judgment of the City Council, would justify
the approval of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Suburban Development District
(SD) is hereby zoned for a Specific Use Permit for a subdivision homeowners
association recreation center, in the Suburban Development District (SD(S)), such
property being more particularly described as:
0.855 acres of land, Block 1, of the West Oaks Recreation Center Phase A,
Abstract 241, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County,
Texas (Located at 6601 Old Oaks Boulevard)
2
ORDINANCE NO. 509-788
The Specific Use Permit is subject to the following conditions:
1. The development of the subject property comply with all requirements of the
Single Family Dwelling District (R-4).
II.
The City Council of the City of Pearland finds and determines that the recitations
in the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The
City Council further finds and determines that there has been compliance with the
mandates of law in the posting and presentation of this matter to the Planning and
Zoning Commission and to the City Council for consideration and decision.
W.
The City Council of the City of Pearland finds and determines that the
amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
V.
All rights and remedies, which have accrued in the favor of the City under this
Ordinance and its amendments thereto, shall be and are preserved for the benefit of
3
ORDINANCE NO. 509-788
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
ORDINANCE NO. 509-788
the City.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to
the official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509 and consistent with the approval herein granted for the
reclassification of the herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this nth day of
July , 2005.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
25th day of July , 2005.
.„,„c, ;2,,
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
PrfCuv\-.!?r =f1vN
Change in Zoning Classification from: •• to: r 5 1 e - s
(list current zoning)
Specific Use Permit Request for :
(
st pro osed zoning)
()) l�las:h like jA!t,vkee(t'A.-+.vtk
(list proposed use)
Property Information:
Address: Lei (1 i�i OCAk.S i \tici " Tax Account No. '2 43` 2.00 0 00 0
Lot: Block:
Subdivision: UvOidVS V ( etZ)
** Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property): id A ect-e. a. h c;) >~
Future/proposed use of property and reason for zone change: fl0A Ce cr is k_Fi c,, Ce, ute
b mee i Ci )1, 1 Lj reei,i;ir erh to I-s 4ciCd;n o ic'H'Ebcri !di() (Rtv ,c„
PROPERTY OWNER INFORMATION:
NAMEWOS 140P % fi r •�-
ADDRESS 99'h 1 f'tw4 3L;
CITY J-1004011 STATE 'T)k ZIP -7702-q
PHONE( 1 l 3) c .32.
FAX( 1 1 3 ) 2- (00 5 c1
E-MAIL ADDRESS •K Ckut e ant X . Cowl
APPLICANT INFORMATION: f /
NAME P�UL I1II2C --_ (O PteClU�G�-{" [A
ADDRSS / ¢Lai dA
CITY Ae (fl-Ar-, STATE -77 ZIP 77A2Y
PHONE(-2Y/ ) JX X ito 4L/
FAX( ) l 7 05.17 7
E-MAIL ADDRESS eif/°/P' @4RG4c�v-^ie.l
PETITION: As owner/agent, I - eby petition the City of Pearland for approval of the above described
request as provided for by the Itws of the State of Texas and ordinances of the City of Pearland. I certify to
the best of my knowledge t -t t s is a true description of the property upon which I have requested the
above checked action. I d- ' tand that I am fully responsible for the correctness of the legal description
given.
Owner's Signature:
Date:
Agent's Signature: Date:
OFFICE USE ONLY:
NUMBER: J C9 Fro
FEES
PAID:
'C r/ 5 QQ
DATE
PAID: /
***APPLICATION IS CONSIDER
DESCRIPTION OR APPLICATION FEE***
CONSIDERED
RECEIVED
BY:
INCOMPL
SURVEY AN
WITHOUT A METES AND BOUNDS
Updated 10-29-04
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LOCATION MAP
Specific Use Permit
Application
No. 145
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0 200 400 Feet
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Map Prepared on June 1, 2005
AFFIDAVIT OF PUBLICATION
5.o. 1/-6
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. % Date 6 - / 20 O C
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20OJr
nn Emmons, Publisher
blic, State of Texas
Published June 1 and June
8, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
SPECIFIC USE PERMIT
APPLICATION NO. 145
Notice is hereby given that
on June 20, 2005, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Paul Marcaccio, applicant
for West Oaks Homeowners
Association, owner, for an
amendment to the Land
Use and Urban Develop-
ment Ordinance of said
City, for a Specific Use
Permit for an Unscheduled
/New Recreational Use, and
more specifically, a subdivi-
sion homeowners associa-
tion recreation center, in the
Suburban Development
District (SD(S)), on the fol-
lowing described property,
to wit:
0.855 acres of land, Block
1, of the West Oaks
Recreation Center Phase A,
Abstract 241, H.T. & B.R.R.
Company Survey, City of
Pearland, Brazoria County,
Texas (Located at 6601 Old
Oaks Boulevard)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
is/Theresa Grahmann
Senior Planner
5. 0. )L5
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date 6 " g 20
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20PC
At rig
tom'
fir• ......a...11...a.•• /
LAURA ANN EMM,,,,U
Notary Public, State of Texas
Commission Expires 09-0N
u
day of
1
•
.
•
Ann Emmons, Publisher
Public, State of Texas
Published June 1 and June
8, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
SPECIFIC USE PERMIT
APPLICATION NO. 145
Notice is hereby given that
on June 20, 2005, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Paul Marcaccio, applicant
for West Oaks Homeowners
Association, owner, for an
amendment to the Land
Use and Urban Develop-
ment Ordinance of said
City, for a Specific Use
Permit for an Unscheduled
/New Recreational Use, and
more specifically, a subdivi-
sion homeowners associa-
tion recreation center, in the
Suburban Development
District (SD(S)), on the fol-
lowing described property,
to wit:
0.855 acres of land, Block
1, of the West Oaks
Recreation Center Phase A,
Abstract.241, H.T. & B.R.R.
Company Survey, City.of
Pearland, Brazoria County,
Texas (Located at•6601 Old
Oaks Boulevard)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/Theresa Grahmann
Senior Planner
Planning & Zonin Commission
Recommendation Letter
July 1, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Specific Use Permit Application No. 145, a request by Paul
Marcaccio, applicant for West Oaks Homeowners Association, owner, for an
amendment to the Land Use and Urban Development Ordinance of said City, for
a Specific Use Permit for an Unscheduled/New Recreational Use, and more
specifically, a subdivision homeowners association recreation center, in the
Suburban Development District (SD(S))
Honorable Mayor and City Council Members:
At their regular meeting of June 20, 2005, the Planning and Zoning Commission
considered the request for a Specific Use Permit for a subdivision homeowners
association recreation center, in the Suburban Development District (SD(S)), on the
following property:
Legal Description: 0.855 acres of land, Block 1, of the West Oaks Recreation Center
Phase A, Abstract 241, H.T. & B.R.R. Company Survey, City of
Pearland, Brazoria County, Texas
General Location: Located at 6601 Old Oaks Boulevard
Commission Member Ransom made a motion to recommend approval of the specific
use permit request, with the condition that the development of the subject property
comply with all requirements of the R-4 zoning district, which was seconded by
Commission Member West. The motion to approve passed 6 — 0. The specific use
permit was recommended for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request SUP 145
Page 3 of 3
PEARLAND AR
SUBJECT PROPERTY
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_BRYANT HOWAR4D & MAT( WIDENER BRAD, T
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WEST OAKS: HOA
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SHEPARD MILD K & TOYA O BINGHAM BRIAN PATRICK:
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HUNTER PHILLIP R & HILLARY
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STILLWATER DR
OWNERSHIP MAP
Specific Use Permit
Application
No. 145
0 200 400 Feet
W ��E lilt I
s
Map Prepared on June 1, 2005
PROP ID OWNER
R500849
R500850
R510617
R510583
R510567
R500851
R166304
R507705
R500867
R500832
R500848
R500853
R500852
R500881
R500882
R510581
R507022
R510582
R510565
R500866
R500868
R500869
R500880
R500883
R510565
R510562
R510618
BINGHAM BRIAN PATRICK
HENNIG BOBBIE J
OGUNDE OLASIMBO A
CUCCO JANICE K
KIBODEAUX TERRYL L & MELYNDA
BROWN DENNIS M & SHARON A
PEARLAND AREA DAD'S CLUB
PAUL MARCACCIO - PRES WHOA
WEST OAKS HOMEOWNERS ASSOC
AXLINE HARRY L & CAROLYN
SHEPARD MILO K & TOYA O
SHERIDAN DENNIS M & TRACY
ELLERBROCK THOMAS M & PATRICIA
CUMPAIN JOSE G & ELENA
JESSIE STANLEY & NETTIE R
VUONG NGA H & PHUOC D NGUYEN
RAHMAN SHOAIB L & HUMAIRA A
WEST OAKS HOMEOWNERS ASSOC
ELLISON BRENT RYAN
BRYANT HOWARD & MARY
RATH GARY L & KATHERINE D
CROSS STEPHEN & ELIZABETH
HUNTER PHILLIP R & HILLARY
WIDENER BRAD T & CAROL J
LICARIONE WILLIAM K & TERRI M
BRYANT HOWARD & MARY
WEST OAKS HOMEOWNERS ASSOC
HENNESSY RALPH & SONIA
SPECIFIC USE PERMIT APPLICATION NO. 145
Property Owner Notification List
ADDRESS
6509 LAUREN LN
6511 LAUREN LN
6509 RIVER GLEN CT
3241 AUTUMN FOREST DR
3240 AUTUMN FORET DR
6510 LAUREN LN
PO BOX 552
6304 PALM COURT
9575 KATY FWY STE 130
6507 OLD OAKS BLVD
6510 WINDY WAY LN
6507 LAUREN LN
6506 LAUREN LN
6508 LAUREN LN
6508 OLD OAKS BLVD
6510 OLD OAKS BLVD
3237 AUTUMN FOREST DR
9575 KATY FWY STE 130
3239 AUTUMN FOREST DR
3236 AUTUMN FOREST DR
6505 OLD OAKS BLVD
6509 OLD OAKS BLVD
6511 OLD OAKS BLVD
6506 OLD OAKS BLVD
6512 OLD OAKS BLVD
3236 AUTUMN FOREST DR
9575 KATY FWY STE 130
6507 RIVER GLEN CT
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX 77584-7024
PEARLAND TX 77584-7024
PEARLAND TX 77584
PEARLAND TX 77584-7107
PEARLAND TX 77581
PEARLAND TX 77584-7023
PEARLAND TX 77588-0552
PEARLAND TX 77584
HOUSTON TX 77024-1408
PEARLAND TX 77584-7028
PEARLAND TX 77584-7019
PEARLAND TX 77584-7024
PEARLAND TX 77584-7023
PEARLAND TX 77584-7023
PEARLAND TX 77584-7027
PEARLAND TX 77584-7027
PEARLAND TX 77584-7107
HOUSTON TX 77024-1408
PEARLAND TX 77584-7107
PEARLAND TX 77584-7106
PEARLAND TX 77584-7028
PEARLAND TX 77584-7028
PEARLAND TX 77584-7028
PEARLAND TX 77584-7027
PEARLAND TX 77584-7027
PEARLAND TX 77584-7106
HOUSTON TX 77024-1408
PEARLAND TX 77584-7118
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 84
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 85
WEST OAKS VILLAGE SEC 2 (PEARLAND), BLOCK 2, LOT 37
WEST OAKS VILLAGE SEC 2 (PEARLAND), BLOCK 2, LOT 3
WEST OAKS VILLAGE SEC 2 (PEARLAND), BLOCK 1, LOT 3
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 86
A0241 H T & B R R, TRACT 4A1-4A1A-5B1-5B1A, ACRES 30.000
APPLICANT
A0241 H T & B R R, TRACT 5, ACRES 0.9384
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 102
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 67
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 83
VVE_ST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 88
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 87
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 4, LOT 8
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 4, LOT 9
WEST OAKS VILLAGE SEC 2 (PEARLAND), BLOCK 2, LOT 1
A0241 H T & B R R, TRACT 5 (PT), ACRES 0.855
WEST OAKS VILLAGE SEC 2 (PEARLAND), BLOCK 2, LOT 2
WEST OAKS VILLAGE SEC 2 (PEARLAND), BLOCK 1, LOT 1
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 101
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 103
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 2, LOT 104
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 4, LOT 7
WEST OAKS VILLAGE 1 (A0241 H T & B), BL 4, LOT 10
WEST OAKS VILLAGE SEC 2 (PEARLAND), BLOCK 1, LOT 1
WEST OAKS VILLAGE SEC 2 , RESERVE A-C, ACRES 1.90
WEST OAKS VILLAGE SEC 2 (PEARLAND), BLOCK 2, LOT 38
This property IS NOT _located in
the 100 year flood plain & is
in insurance rate map zone X ,
as per map _ 48039C/0040I
doted 09-22-99
FND 1/12" .R
37,272.50 sq.ft.
0.85 acres
4
SCALE: 1 "= 40`
PEARLAND AREA DAD'S CLUB
VOL. 1207 PG. 173 B.C.D.R.
EAST 232.00', h, h,
IN -GROUND
SWIMMING POOL
-24.1'
.6'
CONCRETE AREA
16' U.E.
ONE STORY
BRICK & FRAME
REC. CENTER
52.3'
COVD
30.3'
FND 1/2" I.R.
NOTES:
SIDEWALK
4f 3'
z
30.3'
5 PARKING SPACES
10 PARKING SPACES
UGHT POLE ON CONC BASE
INLET
W
a
0
z
a
in
a
0
z
a
r
25' B.L.
UGHT POLE
ON CONC BASE
WEST 244.50'
OLD OAKS BOULEVARD
(60' R.O.W.)
12 PARKING SPACES
CONCRETE
DRIVEWAY
LEGEND
U.E.-UTILITY EASEMENT
W.L.E.-WATER LINE EASEMENT
B.L-BUILDING LINE
//— WOOD FENCE
.0—CHAIN LINK FENCE
—X—BARBED WIRE FENCE
—IRON FENCE
LOT 86
Fo
W w
50'
10' W.S.E. r
CORNER A S
IN FENCE UNE
0 LOT 104
Ln
0
P.O.B.
FND 5/8" I.R.
I, MICHAEL D. � "i,�!> ''"'+ GISTERED PROFESSIONAL LAND
SURVEYOR IN THE STATE OF TEXAS, DO HEREBY CERTIFY
THAT THE PLAT HEREON CORRECTLY REPRESENTS THE
RESULTS OF AN ACTUAL SURVEY MADE ON THE GROUND
UNDER MY DIRECTION AND THAT THERE ARE NO
ENCROACHMENTS EXCEPT AS SHOWN.
1. BASIS FOR BEARINGS: ASSUMED AS PLATTED
2. DISTANCES SHOWN ARE GROUND DISTANCES
3. ALL ABSTRACTING DONE BY TITLE COMPANY
4. SURVEY BASED ON BEST OF EVIDENCE FOUND
A ToArr nr + AMn rnhTA+MIMc n ris Ar.RFS. OUT OF AND A PART OF A 1.7915
DATED THIS TH
DAY OF
2004
TO:
SUBJECT:
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JUNE 20, 2005
Specific Use Permit Application No. 145
City Council
Planning and Zoning Commission
A request by Paul Marcaccio, applicant for West Oaks
Homeowners Association, owner, for an amendment to the Land
Use and Urban Development Ordinance of said City, for a
Specific Use Permit for an Unscheduled/New Recreational Use,
and more specifically, a subdivision homeowners association
recreation center, in the Suburban Development District (SD(S))
LEGAL 0.855 acres of land, Block 1, of the West Oaks Recreation
DESCRIPTION: Center Phase A, Abstract 241, H.T. & B.R.R. Company Survey,
City of Pearland, Brazoria County, Texas -
GENERAL
LOCATION:
Located at 6601 Old Oaks Boulevard
APPROVAL PROCESS: After this Joint Public Hearing, the requested specific use permit
application will be considered as follows:
Planning and Zoning Commission: June 20, 2005
City Council for First Reading: July 11, 2005
City Council for Second Reading: July 25, 2005
SUMMARY: The applicant is requesting approval of a Specific Use Permit for an
"Unscheduled/New Recreational Use" to be located in the Suburban Development District.
The proposed use is a homeowners association recreational center. A homeowners
association recreational center would require a Specific Use Permit under the current Land
Use and Urban Development Ordinance. The subject property is currently zoned "SD" —
Suburban Development District. The subject property is currently developed with a
homeowners association recreational center for the West Oaks Village residential
ZCA No. SUP 145
Page 1
subdivision. The subject property was not zoned when West Oaks Village was zoned and
developed. The applicant is proposing to add additional features to the subject property.
SURROUNDING ZONING AND LAND USES:
North
Zoning Land Use
Suburban Development Pearland Dad's Club
District (SD), with a specific
use permit
South Single Family Dwelling District Single family residences
(R-4)
East Single Family Dwelling District Single family residences
(R-4)
West Suburban Development Undeveloped tract
District (SD)
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
subject property is currently zoned SD, which does not have any minimum lot size or width
requirements. The subject property is 0.855 acres in size and has a lot width of more than
244 feet.
The SD district does not list any requirements for yard setbacks, heights, etc. Since the
surrounding neighborhood is zoned as R-4, Staff recommends that the development
comply with all requirements of the R-4 zoning district.
PLATTING STATUS: The subject property was platted as part of West Oaks Village. No
further platting is required at this time.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Medium Density Residential" for the
subject property and for many of the surrounding properties within this subdivision and
general area. The Comprehensive Plan further indicates that the appropriate zoning
districts for "Medium Density Residential" are the Single Family Dwelling Districts R-2, R-3,
and R-4. Since the proposed specific use permit provides for a recreational center for the
homeowners association and for the residents of this subdivision, the proposed specific
use permit conforms to the Comprehensive Plan.
ZCA No. SUP 145
Page 2
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Old Oaks Boulevard, a local/residential street.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: There is City water and sewer service available for the
subject property. Utility service will be reviewed as part of the application for a building
permit.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property is already
developed with the recreational center, which serves the adjacent neighborhood. The
addition of more buildings to the subject property should not have a negative impact on the
adjacent neighborhoods.
Since the surrounding residential subdivision is zoned as R-4, Staff is recommending that,
as part of the specific use permit, the applicant comply with the requirements of the R-4
zoning district. This will provide for consistency between the residential subdivision and the
subject property.
PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners
within 200 feet of the subject property under consideration. A legal notice of public hearing
was published in the local newspaper, and a Zoning Sign was placed on the subject
property.
STAFF RECOMMENDATION: Staff recommends approval of specific use permit, as
proposed by the applicant, for the following reasons:
1. The proposed specific use permit does not conflict with the "Medium Density
Residential" as recommended by the Comprehensive Plan, thereby being in
conformance with the Comprehensive Plan.
2. The proposed specific use permit provides for a recreation center to serve the
adjacent residential neighborhood.
3. The applicant is proposing to add additional features to the existing recreational
center, which would not cause a negative impact on the surrounding residential
neighborhood.
In addition:
Staff also recommends that the development of the subject property comply with all
requirements of the R-4 zoning district.
ZCA No. SUP 145
Page 3
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
• Proposed Site Plan
ZCA No. SUP 145
Page 4
ZONING MAP
Specific Use Permit
Application
No. 145
w
0 200 400 Feet
Bill I
Map Prepared on June 1, 2005
FUTURE LAND USE PLAN
Specific Use Permit
Application
No. 145
N
W+E
S
0 200 400 Feet
Iii11 I
Map Prepared on June 1, 2005