Ord. 509-803 10-10-05 WithdrewWITHDREW 10/10/05
ORDINANCE NO. 509-803
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
LOT 9, BLOCK 2, OF PEARLAND FARMS SUBDIVISION, SECTION 1,
ABSTRACT 508, F B DRAKE SURVEY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST
SIDE OF OLD HOLLY DRIVE (3418 OLD HOLLY DRIVE)) (SPECIFIC
USE PERMIT APPLICATION NO. 154) FOR A SPECIFIC USE PERMIT
FOR A HOMEOWNERS ASSOCIATION SWIMMING POOL IN THE
SINGLE FAMILY DWELLING DISTRICT (R-2(S)) AT THE REQUEST OF
CHASE LODGE CORPORATION, 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, Chase Lodge Corporation, owner, filed on August 11, 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 19th day of September, 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
WHEREAS, on the 30th day of September, 2005, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Chase Lodge Corporation, owner,
1
ORDINANCE NO. 509-803
whereby the Commission recommended denial of the change of classification for the
described property for a Specific Use Permit for a Homeowners Association
Swimming Pool in the Single Family Dwelling District (R-2(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 October 10, 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 Chase Lodge Corporation, 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 Single Family Dwelling District (R-
2) is hereby zoned for a Specific Use Permit for a Homeowners Association
Swimming Pool in the Single Family Dwelling District (R-2(S)), such property being
more particularly described as:
Lot 9, Block 2, of Pearland Farms Subdivision, Section 1, Abstract 508, F B
Drake Survey, City of Pearland, Brazoria County, Texas (Generally Located
on the West Side of Old Holly Drive (3418 Old Holly Drive))
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
2
ORDINANCE NO. 509-803
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.
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.
3
ORDINANCE NO. 509-803
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2005.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of , 2005.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
Sent By: MBE PROPERTIES & KEBBELL HOMES; 7139930416;
Aug-10-05 9:22AM; Page 2/3
CITY OF PEARLAND
ZONING CHANGE APPLICATION
Revised 10/20/01
V Change in Zoning Classification from: ' eS 0\2\A*\ 6\.\ to �� 0...A'_ C'‘---- N\
Change in Regulations in Section #: ' i R -
VSpecific Use for: * S W\ \AA:01\\NI\_S\ — n \
Property address: 3'f / g Old 1
R535Ds'
I D6 v t? hp)st .- /QG';2 - oc;Yf'
Lot: Ci Block: 1
Subdivision: ?E CX.\/' A .e_KVi (itiA2.
Metes & Bounds Description:
(unplatted property only; attach surve
Tax I.D. number: -7 LL - 2-0 (o G
SUBMITTAL INFORMATION: Attach a plot plan or survey showing the location, size,
relationship of all existing structures to boundary lines_
Current use of Ian •
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Proposed use of land: _, _ �-
C 0 C VvWt 1 6^A k
Record owner's name:
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Owner's mailing address:
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Owner's telephone number: t_y17
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Agent's name:
Agent's mailing address: o____
Agent's telephone number: A r
PETITION: As owner/agent, I hereby petition the City for approval of the above described
request as provided by the laws of the State of Texas and Ordinances of the City of
Pearland. *On a Specific Use Permit request to allow a residential use in a business zone
(OP, NS, GB), I ackn•wledge th t such use may by incompatible with current and future uses
on properties in my inity.
Owner's signature/
(IA/gents signature:
Fees paid: $ "co
pi5 0 —
Date paid: s/ji/C5
Received by: -a••J /
.....
Application number: 6 i,? J2 / , -
PAID AUG 1 12005
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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. 1 Date 1/%20 (0---
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to b
20 ac
.
•
day of
LALIVA. MIN
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Notar Public` State of Texas
r
r+ Commission09-20
Expires 09 0G rt
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Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Aug. 31 and
Sept. 7, 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. 154
Notice is hereby given that
on September 19, 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
Chase Lodge Corporation,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for approval of a
Specific Use Permit for a
Homeowners's Association
Swimming Pool in the
Single Family Dwelling
District (R-2(S)), on the fol-
lowing described property,
to wit:
Lot 9, Block 2, of Pearland
Farms Subdivision, Section
1, Abstract 508, F B Drake
Survey, City of Pearland,
Brazoria County, Texas
(Generally Located on the
West Side of Old Holly
Drive (3418 Old Holly
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
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 %' 7 20 0 5--
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to befor
200
LAURA ANN EMMONS
Notary Public, State of Texa
Commission Expires 09-09-
Laura A nn Emmons, Publisher
Notary Public, State of Texas
Published Aug. 31 and to wit:
Sept. 7, 2005
Lot 9, Block 2, of Pearland
NOTICE OF A JOINT Farms Subdivision, Section
PUBLIC HEARING OF THE 1, Abstract 508, F B Drake
CITY COUNCIL AND THE Survey, City of Pearland,
PLANNING AND ZONING Brazoria County, Texas
COMMISSION OF THE (Generally Located on the
CITY OF PEARLAND, West Side of Old Holly
TEXAS Drive (3418 Old Holly
Drive))
SPECIFIC USE PERMIT
APPLICATION NO. 154 1 if
Notice is hereby given that
on September 19, 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
Chase Lodge Corporation,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for approval of a
Specific Use Permit for a
Homeowners's Association
Swimming Pool in the
Single Family Dwelling
District (R-2(S)), on the fol-
lowing described property,
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
September 30, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Specific Use Permit Application No. 154, a request by Chase
Lodge Corporation, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City, for approval of a Specific Use Permit for a
Homeowners's Association Swimming Pool in the Single Family Dwelling District (R-
2(S))
Honorable Mayor and City Council Members:
At their regular meeting of September 19, 2005, the Planning and Zoning Commission
considered the request for a Specific Use Permit for a Homeowners's Association
Swimming Pool in the Single Family Dwelling District (R-2(S)), on the following property:
Legal Description: Lot 9, Block 2, of Pearland Farms Subdivision, Section 1, Abstract 508,
F B Drake Survey, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the West Side of Old Holly Drive (3418 Old Holly
Drive)
Commission Member locco made a motion to recommend approval of the specific use
permit request, which was seconded by Commission Member West. The motion to approve
failed 0 — 4. The specific use permit was recommended for denial by the Planning and
Zoning Commission. The Commission stated their reason for denial as follows:
1. The subject property does not appear to be of adequate size to meet various
ordinances, such as parking, landscaping, screening, and buffering from adjacent
single family residential.
Sincerely,
Planning and Zoning Commission
Agenda Request SUP 154
Page 3 of 3
Lata Krishnarao
10/04/2005 01:34 PM
FYI
To: Theresa Grahmann/COP@ci.pearland.txus, Richard
Keller/COP@ci.pearland.tx.us, Diana DuCroz/COP@ci.pearland.tx.us
cc: Young Lorfing/COP@ci.pearland.t cus
Subject Change of use - FYI
Lata Krishnarao, AICP
Planning Director
City of Pearland
(281) 652-1635
— Forwarded by Lata Krishnarao/COP on 10/04/2005 01:34 PM —
"Dwain Evans" To: <Ikrishnarao@ci.pearland.txus>
<mdevans@houston.rr cc:
.com> Subject Change of use
10/04/2005 01:24 PM
Dear Lata:
I wish to pull our application for change of use on Lot 9, Block 2 Pearland Farms, Section 1. It is to go
before council next Monday night. We have been informed by one of the councilmen that it has no
chance of passing. Thanks,
Yours truly,
Dwain Evans
JOINT PUBLIC HEARING COMMENTS
During the public hearing, one citizen spoke generally about the request, but did not
express either opposition or support.
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Planning & Zoning Commission considered this specific use permit request at their
regular meeting of September 19, 2005. Commission Member locco made a motion to
recommend approval of the specific use permit request, which was seconded by
Commission Member West. The motion to approve failed 0 — 4. The specific use
permit was recommended for denial by the Planning and Zoning Commission. The
Commission stated their reason for denial as follows:
1. The subject property does not appear to be of adequate size to meet various
ordinances, such as parking, landscaping, screening, and buffering from
adjacent single family residential.
RECOMMENDED ACTION
Consider the requested specific use permit.
Agenda Request SUP 154
Page 2 of 3
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PROP ID OWNER ADDRESS
R535675
R535714
R535702
R535701
R535700
R535716
R535725
R535708
R535726
R535699
R535715
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CHASE LODGE CORPORATION
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CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
MASERA CHRIS & JODI
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
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5426
4005
4007
4009
5426
5426
5426
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SPECIFIC USE PERMIT APPLICATION NO. 154
Property Owner Notification List
FAIRDALE LN
FAIRDALE LN
E CEDAR TRAIL CT
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FAIRDALE LN
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FAIRDALE LN
FAIRDALE LN
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CITY
ST ZIP CODE LEGAL DESCRIPTION
HOUSTON TX 77056-6607
HOUSTON TX 77056-6607
PEARLAND TX 77584
PEARLAND TX 77584-1736
PEARLAND TX 77584-1736
HOUSTON TX 77056-6607
HOUSTON TX 77056-6607
HOUSTON TX 77056-6607
HOUSTON TX 77056-6607
HOUSTON TX 77056-6607
HOUSTON TX 77056-6607
HOUSTON TX 77056-6607
HOUSTON TX 77056-6607
PEARLAND TX 77584-1736
HOUSTON TX 77056-6607
HOUSTON TX 77056-6607
HOUSTON TX 77056-6607
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
PEARLAND FARMS SEC 1
A0508 F B DRAKE, TRACT
(A0508 F B DRAKE), LOT RES A, ACRES 2.270
(A0508 F B DRAKE)(PEARLAND), BLOCK 2, LOT 5
(A0508 F B DRAKE)(PEARLAND), BLOCK 1, LOT 26
(A0508 F B DRAKE)(PEARLAND), BLOCK 1, LOT 25
(A0508 F B DRAKE)(PEARLAND), BLOCK 1, LOT 24
(A0508 F B DRAKE)(PEARLAND), BLOCK 2, LOT 7
(A0508 F B DRAKE)(PEARLAND), BLOCK 3, LOT 7
(A0508 F B DRAKE)(PEARLAND), BLOCK 1, LOT 32
(A0508 F B DRAKE)(PEARLAND), BLOCK 3, LOT 8
(A0508 F B DRAKE)(PEARLAND), BLOCK 1, LOT 23
(A0508 F B DRAKE)(PEARLAND), BLOCK 2, LOT 6
(A0508 F B DRAKE)(PEARLAND), BLOCK 3, LOT 6
(A0508 F B DRAKE)(PEARLAND), BLOCK 2, LOT 8
(A0508 F B DRAKE)(PEARLAND), BLOCK 1, LOT 33
(A0508 F B DRAKE)(PEARLAND), BLOCK 2, LOT 9
(A0508 F B DRAKE)(PEARLAND), BLOCK 3, LOT 9
3A-8, PEARLAND, ACRES 22.8701
a • •
Reserved For Parking
Propedy Use - - -
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF SEPTEMBER 19, 2005
Specific Use Permit Application No. 154
TO: City Council
Planning and Zoning Commission
SUBJECT:
LEGAL
DESCRIPTION:
GENERAL
LOCATION:
A request by Chase Lodge Corporation, owner, for an
amendment to the Land Use and Urban Development Ordinance
of said City, for approval of a Specific Use Permit for a
Homeowners Association Swimming Pool in the Single Family
Dwelling District (R-2(S))
Lot 9, Block 2, of Pearland Farms Subdivision, Section 1,
Abstract 508, F B Drake Survey, City of Pearland, Brazoria
County, Texas
Generally Located on the West Side of Old Holly Drive (3418
Old Holly Drive)
APPROVAL PROCESS: After this Joint Public Hearing, the requested specific use permit
application will be considered as follows:
Planning and Zoning Commission: September 19, 2005*
City Council for First Reading: October 10, 2005*
City Council for Second Reading: October 24, 2005*
(*dates subject to change if item is tabled)
SUMMARY: The applicant is requesting approval of a Specific Use Permit for a
homeowner's association recreational center. The subject property is currently zoned as
Single Family Dwelling District R-2, and a homeowners association recreational center
would require a Specific Use Permit under the current Land Use and Urban Development
Ordinance. The applicant is proposing a swimming pool and related storage of pool
equipment for the subject property.
SUP 154
Page 1
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Single Family Dwelling District Single family residential lots
(R-2)
South Single Family Dwelling District Undeveloped tracts
(R-2)
East Single Family Dwelling District Single family residences
(R-2)
West Single Family Dwelling District Single family residential lots
(R-2)
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
subject property is currently platted as part of Pearland Farms, which is currently zoned as
R-2. The minimum lot size for the R-2 district is 7,000 square feet and the minimum lot
width is 70 feet. The subject property in its present configuration meets these minimum
requirements, as the subject property is 72.50 feet wide and 7,975 square feet.
The applicant will be required to comply with all other requirements of the Land Use and
Urban Development Ordinance, or as specified within this Specific Use Permit.
PLATTING STATUS: The subject property was platted as part of Pearland Farms Section
1. The applicant is in the process of replatting the subject property as a community
reserve.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Medium Density Residential" for all of the
surrounding properties within Pearland Farms. The subject property is currently zoned as
R-2 and is developing with single family residential lots. 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.
SUP 154
Page 2
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Old Holly Drive, a local/residential street.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES There adequate water and sewer service for the subject
property that was installed during the construction of the public improvements for Pearland
Farms.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property is located
within a developing single family residential neighborhood, and the proposed recreational
center would serve the Pearland Farms neighborhood.
Since the surrounding residential subdivision is zoned as R-2, the applicant will be required
to comply with the requirements of the R-2 zoning district. This will provide for consistency
between the residential subdivision -and the subject property.
SPECIFIC USE PERMIT CONSIDERATIONS:
1. Parking. The subject property is proposed to contain a swimming pool of
approximately 500 to 600 square feet, plus two buildings, one for storage and one
for pool equipment, each being 100 square feet in size. The parking requirement
for an HOA swimming pool is 1 parking space for every 165 square feet of use area.
Therefore, the required number of parking spaces for the swimming pool is 4
spaces. The Land Use Ordinance also states that parking areas shall be arranged
so that vehicles shall not be required to back out of the parking space into a public
street. Therefore, the applicant will have to arrange the parking spaces so that they
are accessed by a driveway.
2. Screening Fences. Because the subject property is zoned as R-2, a screening
fence is not required to be constructed by the applicant. However, in order to
screen the pool facility and noise associated with the pool, Staff recommends that
the applicant construct a 6 foot high masonry fence along the pool and deck area.
3. Building Setbacks. The building setback lines for the R-2 district are 25 feet in the
front, 20 feet in the rear, and either a minimum 5 feet on the side, with a minimum of
15 feet between structures. Staff recommends that a minimum 25 foot landscape
buffer be provided between the deck, pool, buildings, and parking on the subject
SUP 154
Page 3
property and adjoining properties used for residential purposes.
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.
If the Specific Use Permit is approved, Staff recommends the following items be approved
as conditions of the specific use permit:
3. Staff recommends that the applicant construct a 6 foot high masonry fence along
the pool and deck area.
4. Staff recommends that a minimum 25 foot landscape buffer be provided between
the deck, pool, buildings, and parking on the subject property and adjoining
properties used for residential purposes.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Proposed Site Plan
• Zoning Map
• Future Land Use Plan
SUP 154
Page 4
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