Ord. 509-793 08-22-05ORDINANCE NO. 509-793
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 10.00 ACRES IN THE
J.S. TALMAGE SURVEY, ABSTRACT 564, AND BEING A PART OF LOT
36 OF THE ALLLISON RICHEY GULF COAST HOME COMPANY
SUBURBAN GARDENS SUBDIVISION RECORDED IN VOLUME 2, PAGE
98 OF THE PLAT RECORDS OF BRAZORIA COUNTY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE NORTH
SIDE OF COUNTY ROAD 59, AND WEST OF FUTURE KIRBY DRIVE)
(ZONE CHANGE APPLICATION NO. 1236 AND SPECIFIC USE PERMIT
APPLICATION NO. 149) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1), AND APPROVAL OF A SPECIFIC USE PERMIT FOR A
CHURCH (R-1(S)), AT THE REQUEST OF SHEPHERD OF THE HEART
METHODIST, APPLICANT FOR ANH HO AND ARLIN HARWELL,
OWNERS, 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, Shepherd of the Heart Methodist, applicant for Anh Ho and Arlin
Harwell, owners, filed on June 16, 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 18th day of July, 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. 509-793
WHEREAS, on the 28th 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 Shepherd of the Heart Methodist, applicant for
Anh Ho and Arlin Harwell, owners, whereby the Commission recommended approval of
the change of classification for the described property from its existing classification of
Suburban Development District (SD) to Single Family Dwelling District (R-1), and
approval of a Specific Use Permit for a church (R-1(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 August 8, 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 Shepherd of the Heart Methodist, applicant for Anh Ho and Arlin
Harwell, owners, 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) to is hereby zoned to Single Family Dwelling District (R-1), and approval of a
Specific Use Permit for a church (R-1(S)), such property being more particularly
described as:
10.00 acres in the J.S. Talmage Survey, Abstract 564, and being a part of Lot 36
of the Alllison Richey Gulf Coast Home Company Suburban Gardens
2
ORDINANCE NO. 509-793
Subdivision recorded in Volume 2, Page 98 of the Plat Records of Brazoria
County, City of Pearland, Brazoria County, Texas (Located on the North Side of
County Road 59, and West of Future Kirby Drive)
The Specific Use Permit is granted, subject to the following conditions:
1. All refuse containers placed on the subject property shall be screened from
public view on 3 sides with an opaque fence.
2. Development of the subject property shall comply with Sections 22.1 through
22.5 of the Land Use and Urban Development Ordinance. (Landscape
Requirements)
3. Development of the subject property shall comply with Section 22.6 (A) of the
Land Use and Urban Development Ordinance. (Building Facade)
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.
III.
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.
3
ORDINANCE NO. 509-793
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
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 8th day of
August , 2005.
TOM REID
MAYOR
4
ORDINANCE NO. 509-793
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
22nd day of August , 2005.
ATTEST:
NG L
Y SEETARY
APPROVED AS TO FORM:
)7.
DARRIN M. COKER
CITY ATTORNEY
fcn'D
MAYOR
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
[I Change in Zoning Classification from:
b
to:
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
(list current zoning) (list proposed zoning)
Cti Specific Use Permit Request for : /-/ L) v-A /e-A.)/ae,N i-/�C/L t77C
(list proposed use)
Property Information:
6 '9 sAocr---.9cc. 41
Address: tS 9 Peii&G'NA Tax Account No. R ! ?9
D56,4fr- 0O/G:. - 00(0
Subdivision: /9 ALisoht e7
Lot: � Block:
** Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property): "i,4 to L.4 Al
Future/proposed use of property and reason for zone change: -re /i » ii 4i"e'
J t inl z7F 4 V 61) i-1 (-a(2 Lit k?iJ 6 7S /U /9c/'6 S c
7/7G /3 j 7 9— / C/ZCx. L16--54 cA,3e-P rhi /17T/4C/kg)
PROPERTY OWNER INFORMATION: , , APPLICANT INFORMATION: ) V6y,
NAME I/l/A/ /`7a AL/A) iVUJ -'" NAME 3/.1Cfrii/ERD Of TNT'' hG�/11 0767-hodk> T
ADDRESS I,ioo r;,)V/ L. L L/'V ADDRESS 660/ 4)4 WW//l' Si-, h(
CITYPE/1 4/1Aft) STATE T ZIP 7 7Sej' CITYgTARGA.v0 STATE 7X. ZIP 7 7S8/
PHONE( fit/ ) 6 JCS- PHONE( gB/ ) 997 875-V,28/ 703/Y1s''
FAX( () /6 s 7 S 3 7 (7/ a) FAX( 28! ) 999 87s-0/ 28/ giro 9939
E-MAIL ADDRESS E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to
the best of my knowledge that this is a true description of the property upon which I have requested the
above checked action. I understapd that I arr) fully responsible for the correctness of the legal description
given.
Owner's Signature)(
Agent's Signature:
0
/ Sae.
Date: c,Z 3 /05-`
Date: ‘X,6
FEES if f PAID: �/� CO
PAID:
/ (vlfl%�
BY:
j l
APPLICATION
NUMBER:
/
cc 't J L%
'
***APPLICATION IS CONSIDERED INCOMPL E ITHOUT A METES AND BOON
DESCRIPTION OR SURVEY AND APPLICATION FEE'*"
Updated 10-29-04
LOCATION MAP
Zone Change Application
No. 1236 and
Specific Use Permit No. 149
N
W+E
s
0 500 1,000 Feet
1 I I 1 I I
Map Prepared on July 1, 2005
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 - 1 20 6-5-
No. Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 29 and July
6, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1236
and SPECIFIC USE
PERMIT APPLICATION
NO. 149
Notice is hereby given that
on July 18, 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
Shepherd of the Heart
Methodist, applicant for Anh
Ho and Arlin Harwell, own-
ers, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to Single Family Dwelling
District (R-1), and approval
of a Specific Use Permit for
a church (R-1(S)), on the
following described proper-
ty, to wit:
10.00 acres in the J.S.
Talmage Survey, Abstract
564, and being a part of Lot
36 of the Alllison Richey
Gulf Coast Home Company
Suburban Gardens Subdi-
vision recorded in Volume
2, Page 98 of the Plat
Records of Brazoria County,
City of Pearland, Brazoria
County, Texas (Located on
the North Side of County
Road 59, and West of
Future Kirby Drive)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
N
s/ Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
State of Texa
Brazoria and
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
arris Counties
I, Lloyd Morro , hereby certify that the notice hereby appended was published
in THE REPO TER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galvesto Counties, for / issues, as follows:
No Date 7"6 20 0
No Date 20
No Date 20
No Date 20
No Date 20
Subscribe an• sworn to before me this
20 DS'
EAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09
day of
Lauri' n Emmons, Publisher
Notary Public, State of Texas
Published June 29 and July
6, 2005
NOTICE OF A JOINT
,,UBLICIIRA,RING OF THE
trITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1236
and SPECIFIC USE
PERMIT APPLICATION
NO. 149
Notice is hereby given that
on July 18, 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
Shepherd of the Heart
Methodist, applicant for Anh
Ho and Min Harwell, own-
ers, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to Single Family Dwelling
District (R-1), and approval
of a Specific Use Permit for
a church (R-1(S)), on the
following described proper-
ty, to wit:
10.00 acres in the J.S.
Talmage Survey, Abstract
564, and being a part of Lot
36 of the Alllison Richey
Gulf Coast Home Company
Suburban Gardens Subdi-
vision recorded in Volume
2, Page 98 of the Plat
Records of Brazoria County,
City of Pearland, Brazoria
County, Texas (Located on
the North Side of County
Road 59, and West of
Future Kirby Drive)
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
P1annin & Zonin Commission
Recommendation Letter
July 28, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1236 and Specific Use
Permit Application No. 149, a request by Shepherd of the Heart Methodist,
applicant for Anh Ho and Arlin Harwell, owners, for an amendment to the Land
Use and Urban Development Ordinance of said City, for approval of a change in
zoning district from classification Suburban Development District (SD) to Single
Family Dwelling District (R-1), and approval of a Specific Use Permit for a church
(R-1(S))
Honorable Mayor and City Council Members:
At their regular meeting of July 18, 2005, the Planning and Zoning Commission
considered the request for a zone change from Suburban Development District (SD) to
Single Family Dwelling District (R-1), with a Specific Use Permit for a church, on the
following property:
Legal Description: 10.00 acres in the J.S. Talmage Survey, Abstract 564, and being a
part of Lot 36 of the Alllison Richey Gulf Coast Home Company
Suburban Gardens Subdivision recorded in Volume 2, Page 98 of
the Plat Records of Brazoria County, City of Pearland, Brazoria
County, Texas
General Location: Located on the North Side of County Road 59, and West of Future
Kirby Drive
Commission Member Greiner made a motion to recommend approval of the zone
change request and specific use permit, which was seconded by Commission Member
West. The motion for approval included the following conditions:
1. All refuse containers placed on the subject property shall be screened from
public view on 3 sides with an opaque fence.
Agenda Request 1236SUP 149
Page 4 of 5
2. Development of the subject property shall comply with Sections 22.1 through
22.5 of the Land Use and Urban Development Ordinance. (Landscape
Requirements)
3. Development of the subject property shall comply with Section 22.6 (A) of the
Land Use and Urban Development Ordinance. (Building Facade)
4. The applicant construct a 6 foot high masonry fence on the north, east, and
west property lines concurrently with the construction of the church.
The motion to approve passed 3 — 1. Commission Member McWhorter voted against
the motion. The zone change and specific use permit were recommended for approval
by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 1236SUP 149
Page 5 of 5
200' NOTIFICATION LIMITS
111111
SUBJECT PROPERTY
HABARI TRUST NO 2
HO ANH HGOC
'HARVARD ESTATES LTD
rARITLUST NO 2
ASHTON SOUTHERN TRAILS
•
-tor
•
16.
BARRERO FELIPE CARLOS & DANA LOUISE
ABDEL-SALAM ABO.OBYDAH
111111
FAMILY CARE MEDICAL CLINIC INC
OWNERSHIP MAP W�N
E
Zone Change Application
No. 1236 and
Specific Use Permit No. 149
0 500 1,000 Feet
I►ill I
Map Prepared on July 1, 2005
ZONE CHANGE APPLICATION NO. 1236 AND SPECIFIC USE PERMIT APPLICATION NO. 149
Property Owner Notification List
PROP ID OWNER
R179020 HABARI TRUST NO 2
R178996 ASHTON SOUTHERN TRAILS
R179020 HABARI TRUST NO 2
R505971 ABDEL-SALAM ABO OBYDAH
R179001 HO ANH HGOC & ARLIN 0 HARWELL
R168068 BARRERO FELIPE CARLOS & DANA LOUISE
SHEPHERD OF THE HEART METHODIST
R168056 FAMILY CARE MEDICAL CLINIC INC
R168055 HARVARD ESTATES LTD
ADDRESS
2101 CRAWFORD ST STE 204
11375 W SAM HOUSTON PKY STE 100
2101 CRAWFORD ST STE 204
11905 CR 59
5005 WOODVILLE LN
2360 COUNTY ROAD 59
6801 BROADWAY ST STE H
14215 S POST OAK RD
5100 SAN FELIPE ST UNIT 221
CITY
ST ZIP CODE LEGAL DESCRIPTION
HOUSTON TX
HOUSTON TX
HOUSTON TX
PEARLAND TX
PEARLAND TX
MANVEL TX
PEARLAND TX
HOUSTON TX
HOUSTON TX
77002-8941
77031
77002-8941
77584
77584-1222
77578
77581
77045-5233
77056-3600
A0564 H T & B R R, TRACT 35-57, ACRES 53.333
A0564 H T & B R R, TRACT 45, ACRES 10.000
A0564 H T & B R R, TRACT 35-57, ACRES 53.333
A0564 H T & B, BL 1, TR 1, ELIM SD, ACRES 5.00
A0564 H T & B R R, TRACT 36, ACRES 13.300
A0298 H T & B R R, TRACT 31-32-33, ACRES 30.30
APPLICANT
A0298 H T & B R R, TRACT 41-42-43, ACRES 30.000
A0298 H T & B R R, TRACT 21, ACRES 9.596
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JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JULY 18, 2005
Zone Change Application No. 1236 &
Specific Use Permit Application No. 149
TO: City Council
Planning and Zoning Commission
SUBJECT: A request by Shepherd of the Heart Methodist, applicantforAnh
Ho and Arlin Harwell, owners, for an amendment to the Land
Use and Urban Development Ordinance of said City, for
approval of a change in zoning district from classification
Suburban Development District (SD) to Single Family Dwelling
District (R-1), and approval of a Specific Use Permit fora church
(R-1(S))
LEGAL 10.00 acres in the J.S. Talmage Survey, Abstract 564, and being
DESCRIPTION: a part of Lot 36 of the Alllison Richey 'Gulf Coast Home
Company Suburban Gardens Subdivision recorded in Volume 2,
Page 98 of the Plat Records of Brazoria County, City of
Pearland, Brazoria County, Texas
GENERAL
LOCATION:
Located on the North Side of County Road 59, and West of
Future Kirby Drive
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: July 18, 2005*
City Council for First Reading: August 8, 2005*
City Council for Second Reading: August 22, 2005*
(*dates subject to change if item is tabled)
SUMMARY: The applicant is requesting a change in zoning on the subject property for
single family residential uses, as well as a Specific Use Permit for a church and related
church facilities. The subject property was annexed into the City in 1999 and was
ZCA No. 1236 & SUP 149
Page 1
subsequently zoned as SD. The subject property is currently undeveloped. The applicant
has indicated that they plan to construct a church on the subject property.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Suburban Development Undeveloped tracts
District (SD)
South Not in City Limits or City ETJ Undeveloped tract
(City of Manvel ETJ)
East Estate Lot Single Family Single family residence
Dwelling District (R-E)
West > Suburban Development Undeveloped tracts
District (SD)
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting an R-1 zoning district. The minimum lot size for the R-1 district is
8,800 square feet and the minimum lot width is 80 feet. The subject property in its present
configuration meets these minimum requirements, as the subject property is 660 feet wide
and is approximately 10.00 acres in size.
The applicant will be required to comply with all other requirements of the Land Use and
Urban Development Ordinance.
PLATTING STATUS: Based on the legal description and survey submitted with the zone
change application, it appears that the subject property has not been platted. The subject
property will need to be platted in accordance with the Subdivision Ordinance, prior to
issuance of a building permit. The plat will need to address all requirements listed in the
Subdivision Ordinance, and be approved by the Planning and Zoning Commission. The
plat will need to be filed for record with the County Clerk, prior to issuance of a building
permit.
If the applicant is able to submit documentation indicating that the subject property has
been in its present configuration since March 1981, platting may not be required. March
1981 is the effective date of the Subdivision Ordinance, which requires all properties within
the City of Pearland to be platted upon a change in configuration.
ZCA No. 1236 & SUP 149
Page 2
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Low Density Residential" for the subject
property and for many of the surrounding properties on County Road 59. The
Comprehensive Plan further indicates that the appropriate zoning districts for "Low Density
Residential" are the Estate Lot Single Family Dwelling District (R-E) and the Single Family
Dwelling District R-1. Therefore, the proposed zone change conforms to the
Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on County Road 59, a secondary thoroughfare with an ultimate right-of-way of 100 feet that
is to be widened in the future as necessary. If the applicant is required to plat the subject
property, additional right-of-way dedication will be required for County Road 59.
Future Kirby Drive will be located east of the subject property.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: There is currently not any City water and sewer service
available for the subject property, nor within close proximity to the subject property. During
the review of the building permit application, utility service will be reviewed.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The applicant has chosen to
request a residential zoning district as the underlying zoning district. A church is permitted
by approval of a Specific Use Permit in any of the residential zoning districts. A church is
permitted by right in the other non-residential zoning districts, such as OP, NS, GB, and C.
The applicant chose the residential zoning district rather than a non-residential zoning
district due to the adjacent land uses within the subject area, due to the low density
residential recommendation in the Comprehensive Plan, and to be more compatible with
the existing and future land uses within the area. If the church project does not occur for
whatever reason, the subject property would have an underlying zoning district of R-1 and
could be developed with single family residences.
If the zone change and specific use permit are approved, the applicant may be responsible
for the submittal of a traffic impact analysis (TIA) in order to determine the impact of the
proposed development on adjacent roadways and adjacent properties, as well as the
locations of driveways.
The applicant has submitted a site plan for informational purposes only. The site plan has
not yet been reviewed by the City for conformance with various codes and ordinances. A
complete set of site plan and building plans will need to be submitted by the applicant
along with the application for a building permit, at which time a complete review will be
completed.
ZCA No. 1236 & SUP 149
Page 3
Specific Use Permit Considerations:
The proposed Specific Use Permit is a discretionary item for review by the Planning and
Zoning Commission and City Council, and additional safeguards and conditions can be
placed on the approval of the Specific Use Permit. With the subject property being
requested for R-1 zoning, several ordinances would not apply to residential properties. A
church is not a residentialuse, but is not considered a commercial use and would not be
subject to certain ordinances under the R-1 district regulations. Because of this, Staff
recommends that the following items be taken into consideration:
1. Dumpster screening. Tracts zoned R-1 typically do not have dumpsters located
upon them. If the applicant intends to place dumpsters in site, Staff recommends
that the following requirement be specified within the motion: "All refuse containers
placed on the subject property shall be screened from public view on 3 sides with an
opaque fence."
2. Landscaping. The Landscape Ordinance does not apply to R-1 zoned properties.
Therefore, in order to have the development of the subject property comply with the
landscape ordinance, Staff recommends that the following requirement be specified
('within the motion: "Development of the subject property shall comply with Sections
22.1 through 22.5 of the Land Use and Urban Development Ordinance."
(sections 22.1 through 22.5 are the sections that state the minimum
requirements for landscaping)
3. Building facade. The building facade ordinance does not apply to R-1 zoned
districts, or any other residential district. Since the subject property is located on a
secondary thoroughfare, County Road 59, Staff recommends that the following
requirement be specified within the motion: "Development of the subject property
shall comply with Section 22.6 (A) of the Land Use and Urban Development
Ordinance."
(section 22.6 (A) requires 100 percent masonry or glass on and walls visible
from a public or private roadway or abutting residential zoned districts)
4. Screening (fence) between uses. The subject property is surrounded on two sides
by properties zoned Suburban Development District (SD), and an R-E tract to the
east. These surrounding properties to the north and west are undeveloped, and the
property to the east is developed with a single family residence. It is anticipated that
these surrounding tracts zoned SD would be zoned residential, in accordance with
the Comprehensive Plan, at some point in the future. If the Commission and
Council believe that a screening fence is necessary, the type, height, and location of
the fence would have to be specified in the motion. Staff is of the opinion that a
screening fence is not necessary, and would provide obstacles to linkages between
the residential and future residential properties on the north side of County Road 59.
ZCA No. 1236 & SUP 149
Page 4
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 the zone change for R-1 and
the Specific Use Permit for a church, for the following reasons:
1. The proposed zone change for R-1 conforms to the "Low Density Residential" land
use designation as recommended by the Comprehensive Plan, and a church is
permitted by approval of a Specific Use Permit in the R-1 district (if the church
project does not come to fruition, the subject property could be developed with R-1
Tots).
2. The proposed zone change for R-1 is consistent and compatible with existing
residential districts and single family residential land uses within the subject area;
and a church tends to be compatible with residential land uses.
Staff also recommends that the following items be conditions of the Specific Use Permit:
1. "All refuse containers placed on the subject property shall be screened from public
view on 3 sides with an opaque fence."
2. "Development of the subject property shall comply with Sections 22.1 through 22.5
of the Land Use and Urban Development Ordinance." (Landscape Requirements)
3. "Development of the subject property shall comply with Section 22.6 (A)of the Land
Use and Urban Development Ordinance." (Building Facade)
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Proposed Site Plan/Floor Plan
• Zoning Map
• Future Land Use Plan
ZCA No. 1236 & SUP 149
Page 5
ZONING MAP
Zone Change Application
No. 1236 and
Specific Use Permit No. 149
N
W+E 0 500 1,000 Feet
s I111I
Map Prepared on July 1, 2005
FUTURE LAND USE PLAN
Zone Change Application
No. 1236 and
Specific Use Permit No. 149
0 500 1,000 Feet
l 1 1 1 1
Map Prepared on July 1, 2005