Ord. 509-622 11-25-02ORDINANCE NO. 509-622
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 1.50 ACRES, BEING PART OF LOT 9,
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, A
SUBDIVISION IN SECTION 20, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 506, BRAZORIA COUNTY, TEXAS (2329 STERLING DRIVE)
(APPLICATION NO. 1068) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF EMIR GUEVARA, 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, Emir Guevara, Owner, filed on September 12, 2002, 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 21s` of October, 2002, 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 22nd day of October, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Emir Guevara, Owner, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit "A" from its
existing classification of Suburban Development District (SD) to Single Family Dwelling District
(R-1); and;
1
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on November 11, 2002, 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 Emir Guevara, Owner, presented which, in the judgment of the City Council,
would justify the approval of said application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
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
for all purposes changed and reclassified as to Single Family Dwelling District (R-1); such
property being more particularly described as:
1.50 acres, being part of Lot 9, Allison Richey Gulf Coast Home Company Subdivision, a
subdivision in Section 20, H.T. & B.R.R. Company Survey, Abstract 506, Brazoria County,
Texas (2329 Sterling 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 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.
2
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.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
PASSED, APPROVED, and ADOPTED on First Reading this llth day of
November ,2002.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day
of November , 2002.
ATTEST:
UNG�FIN
TY SRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
2PIe /e check one:
Change in Zoning Classification from:
I-W Specific Use Permit Request for : 7
Property Information:
Address: 23 a Y
Subdivision:
r) to:
(list cning)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
ea veL'cles
(list proposed use)
S -f-e 1- f , rv9 b #-
Tax I.D. Number:
Lot: Block:
(list proposed zoning)
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): ctra.y p 0-1 e _S
Proposed use of property: To eq r~ k
PROPERTY OWNER INFORMATION:
NAME Ivy e (/Ci lam.
ADDRESSp023 2 g 3 k t—(i - Dr--
CITY 1 '& . fist Li,STATE Ty ZIP. 77 5'$41
PHONE( 0.41 ) 9 7— f/ 2 I
FAX( )
E-MAIL ADDRESS E pC U eVa. ra_QPISIU. C0t4-t
J e. Le`r, f S
APPLICANT/AGENT INFORMATION: O NAME £ / r ett& rd.
ADDRESS 23Z4 S-F--cr('ivy CITY act,-) ea Li. I_ STATE TX ZIP12' S
PHONE(2 $ ( ) FP 7—/(7 /
FAX( )
E-MAIL ADD RESS.P(' ieVetVa I10-6/).CplAl
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 understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: Date: ?—/v d z
Agent's Signature: Date:
OFFICE USE ONLY: �� oo
FEES PAID:
DATE PAID: 9// a0
RECEIVED BY: APPLICATION NO. /OI) g
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Zone Change Application No. 1068
Emir Guevara
2329 Sterling Drive
(SD - R1)
Zone Change Application
No. 1068
Date of City Council and Planning and
Zoning Commission Joint Public Hearing:
Property Owner:
Applicant or Agent:
Location or Address of Property:
Existing Zoning:
Requested Zoning:
October 21, 2002
Emir Guevara
Emir Guevara
2329 Sterling Drive
Suburban Development District (SD)
'Single Family Dwelling District (R-1)
SUMMARY: The applicant is requesting a change in zoning on the subject property in
order to construct a detached garage, which is an accessory structure. Any additions or
expansions to structures on property that is zoned SD requires a change in zoning before
any additional structures can be issued a building permit, in order to bring the subject
property into compliance with the Land Use and Urban Development Ordinance. The
subject property is currently occupied by the applicant's residence.
SURROUNDING ZONING AND LAND USES:
North
South
Zoning_
Single Family Dwelling
District (R-1)
Suburban Development
District (SD)
Land Use
Single family residence
Single family residence
Zone Change Application No. 1068
Page 1
Zoning
East Unincorporated area/ETJ
(extra -territorial jurisdiction)
West Single Family Dwelling
District (R-1); Suburban
Development District (SD)
Land Use
Single family residences within the
Crystal Lake residential subdivision
Single family residences
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan
recommends Low Density Residential uses for the subject property and all of the
surrounding areas. The Comprehensive Plan further indicates that the appropriate zoning
districts for low density residential uses are Estate Lot Single Family Dwelling District (RE)
and Single Family Dwelling Districts R-1 and R-2. Therefore, the proposed zoning change
conforms to the Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Sterling Drive, which is a residential street. No other roadways affect the subject
property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the surrounding Tots
within the subdivision are currently zoned as R-1. The proposed zone change request for
an R-1 district would provide for compatible uses and zoning districts. The subject property
does meet the dimensions of the estate lot district (R-E); however, the applicant has
chosen the R-1 in order to build the structure at a 25 foot building line (as required by the
R-1 district), possible future subdivision of the tract, and to be consistent with the other
existing residences within the subject area.
PUBLIC COMMENTS: Public notice/comment forms were mailed to 22 property owners
within 200 feet of the subject property under consideration. No public comment forms have
been returned.
STAFF RECOMMENDATION: Staff recommends approval of the zone change.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Area Zoning Map
Zone Change Application No. 1068
Page 2
0 200
1 1 ► 1
400 Feet
I
Zone Change Application No. 1068
Emir Guevara
2329 Sterling Drive
(SD - R1)
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Zone Change Application No. 1068
Emir Guevara
2329 Sterling Drive
(SD - R1)
TAX ACCOUNT #
3099-2001-300
3099-2001-200
3099-2001-029
0506-0018-310
0506-0018-290
3099-2001-028
0506-0018-300
3099-2001-027
0506-0018-120
0506-0018-300
0506-0018-160
3099-2001-026
0506-0018-160
0506-0018-150
3099-2001-025
3099-2001-024
0506-0018-140
3099-2001-023
0506-0018-130
3099-2001-022
0506-0018-130
0506-0018-250
0506-0018-220
0506-0018-180
3099-2001-021
OWNER
CRYSTAL LAKE HOA
CRYSTAL LAKE HOA
KONZELMANN DAVID & KAREN
CHAVIL LUIS & GLORIA B
ST CLAIR FRANK DALE
COOPER JARROD A & CAROL
TURNER STEVEN W
EVANS STEVEN P & KRISTY
ST CLAIR FRANK DALE
TURNER STEVEN W
FLAX EDWARD WAYNE
EL-ZAATARI FOUAD & SUSAN
FLAX EDWARD WAYNE
GUEVARA EMIR
RUTLEDGE LOYD L & CONNIE
OZENNE ALFRED D & LINDA
GARNER DARREN LEE & JOAN
FREDRICKSON STEVEN & BECKY
CULLIVAN ALZEENA
SARABIA MICHAEL J & JUANITA
QUANTNEY THOMPSON
COOPER ANGELA
MOORE KENNETH L & ALICE
BOXIE JOHN E & LORETTA
PHILBROOK SCOTT & ELIZABETH
ZONE CHANGE APPLICATION NO. 1068
Property Owner Notification List
ADDRESS
9800 CENTRE PKWY STE 625
9800 CENTRE PKWY STE 625
1321 CRYSTAL LAKE CIR W
2305 STERLING DR
2306 STERLING DR
1325 CRYSTAL LAKE CIR W
2317 STERLING DR
1329 CRYSTAL LAKE CIR W
2306 STERLING DR
2317 STERLING DR
2322 STERLING DR
1403 CRYSTAL LAKE CIR W
2322 STERLING DR
2329 STERLING DR
1407 CRYSTAL LAKE CIR W
1411 CRYSTAL LAKE CIR W
2330 STERLING DR
1415 CRYSTAL LAKE CIR W
2341 STERLING DR
1419 W CRYSTAL LAKE CIR
2341 STERLING DR
9029 W STERLING DR
9037 W STERLING DR
2349 STERLING DR
1423 CRYSTAL LAKE CIR W
CITY
HOUSTON, TX 77036-8252
HOUSTON, TX 77036-8252
PEARLAND, TX 77584-2580
PEARLAND, TX 77584-8548
PEARLAND, TX 77584-8547
PEARLAND, TX 77584-2580
PEARLAND, TX 77584-8548
PEARLAND, TX 77584-2580
PEARLAND, TX 77584-8547
PEARLAND, TX 77584-8548
PEARLAND, TX 77584-8547
PEARLAND, TX 77584-2582
PEARLAND, TX 77584-8547
PEARLAND, TX 77584-8548
PEARLAND, TX 77584-2582
PEARLAND, TX 77584-2582
PEARLAND, TX 77584-8547
PEARLAND, TX 77584-2582
PEARLAND, TX 77584-8548
PEARLAND, TX 77584
PEARLAND, TX 77584-8548
PEARLAND, TX 77584-8550
PEARLAND, TX 77584-8550
PEARLAND, TX 77584-8548
PEARLAND, TX 77584-2582
LEGAL DESCRIPTION
CRYSTAL LAKE SEC 2, UTILITY/DRAINAGE/LIFT STATION ESMT
CRYSTAL LAKE SEC 2 A0506 HT&BRR RES FENCE/LANDSCAPE
A0506 H T 7 B R R, CRYSTAL LAKE SEC 2, LOT 29, BLOCK 1
A0506 H T & B R R, TRACT 9-8E, ACRES 1.960
A0506 H T & B R R, TRACT 9A, ACRES 1.000
A0506 H T 7 B R R, CRYSTAL LAKE SEC 2, LOT 28, BLOCK 1
A0506 H T & B R R, TRACT 9H-9I, ACRES 1.280
A0506 H T & B R R, CRYSTAL LAKE SEC 2, LOT 27, BLOCK 1
A0506 H T & B R R, TRACT 9F1, ACRES 0.507
A0506 H T & B R R, TRACT 9H-91, ACRES 1.280
A0506 H T & B R R, TRACT 9E-9F, ACRES 1.507
A0506 H T 7 B R R, CRYSTAL LAKE SEC 2, LOT 26, BLOCK 1
A0506 H T & B R R, TRACT 9E-9F, ACRES 1.507
A0506 H T & B R R, TRACT PT 9D, ACRES 1.000
A0506 H T & B R R, CRYSTAL LAKE SEC 2, LOT 25, BLOCK 1
A0506 H T & B R R, CRYSTAL LAKE SEC 2, LOT 24, BLOCK 1
A0506 H T & B R R, TRACT 9C, ACRES 1.500
A0506 H T & B R R, CRYSTAL LAKE SEC 2, LOT 23, BLOCK 1
A0506 H T & B R R, TRACT 9B-10H, ACRES 1.250
A0506, H T & B R R, CRYSTAL LAKE SEC 2, LOT 22, BLOCK 1
A0506 H T & B R R, TRACT 9B-10H, ACRES 1.250
A0506 H T & B R R, TRACT 10J, ACRES 0,980
A0506 H T & B R R, TRACT 10F, ACRES 0.750
A0506 H T & B R R, TRACT 10B, ACRES 1.000
A0506 H T & B R R, CRYSTAL LAKE SEC 2, LOT 21, BLOCK 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaperof general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
Date
No Date '20
No. Date 20
No Date 20
No Date 20
Subscribe and sworn to before me this G�
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
,20_.0Z.
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Sept. 25 & Oct: 2,
, , 2002
•
NOTICE OF A JOINT I
PUBLIC HEARING OF THE ;
CITY COUNCIL AND THE i
PLANNING AND ZONING ,
f, COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 21st day of October,!,
2002, 'at 6:30 p.m., the City
) Council and Planning and',
Zoning Commission of the
City of Pearland, Brazoria,
I Harris' and Fort ' Bend I
Counties, Texas, will conduct
a joint public hearing in the ;-
` Council • Chambers of City i
Hall, 3519 Liberty Drive,
Pearland, Texas, 'on the
; request of Emir Guevara,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development
District (SD) to Single Family
Residence District (R-1) on
the following described prop-
erty, to wit:
1:50 acres, being part of Lot
9, Allison Richey Gulf Coast
Home Company Subdivision, ',
a subdivision in Section 20,
H.T. & B.R.R. Company '
Survey, Abstract 506,
Brazoria County, Texas I
(2329 Sterling Drive)
At said hearing all interested;
parties shall have the right
;and opportunity to appear
and be heard on the subject.
+Isl Mona Ann Phipps
Development Coordinator
,APPLICATION NO. 1068
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
.Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for. / issues, as follows:
No. l
N
Date o Z 20a.z,
Date 20
Date 20
Date 20
Date 20
Subscribe and sworn to before me this day of
20
LAURA ANN EMMONS
Notary Public, State. of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Sept. 25 & Oct. 2,
' 2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
i Notice is hereby given that on'
the' 21 st day of October,
2002, at 6:30 p.m., the City",
Council and Planning and!
Zoning Commission of the
j City, of Pearland, Brazoria,
( Harris and Fort _ iBend
Counties, Texas, will conduct
j a joint public hearing in the
Council Chambers of City
Hall; 3519 Liberty .Drive, I
I Pearland, Texas, on the
request. of Emir Guevara,
owner, for an amendment to i
the Land Use and Urban 1
1 Development Ordinance of
( said .City from Classification '
Suburban Development '
District (SD) to Single Family
Residence District (R-1) on ;
, the following described prop-
erty, to wit:. I
11.50 acres, being part of Lot
9, Allison Richey Gulf '.Coast I
Home Company Subdivision,
a subdivision in Section 20,
H.T. •& B.R.R. Company
Survey, Abstract 506,
Brazoria County, Texas
(2329 Sterling Drive) .
J At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO.-1068
October 22, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TILE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1068
Request of Emir Guevara, owners for an amendment to the Land Use and Urban Development
Ordinance from classification Suburban Development (SD) to Single Family Dwelling District
(R 1) on the following described property, to wit:
1.50 acres, being part of Lot 9, Allison Richey Gulf Coast Home Company Subdivision, a
subdivision in Section 20, H.T. & B.R.R. Company Survey, Abstract 506, Brazoria County,
Texas (2329 Sterling Drive)
Honorable Mayor and Council Members:
At a regular meeting held on October 21, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Sheryl Greiner made a motion to forward Zoning Application No. 1068 to City
Council for approval. Commissioner Ray Bacon seconded the motion.
Motion to approve Zoning Application No. 1068 passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Trach Xuan Mai and Tran Thi Yen, 4111 Airline, Friendwood, Texas 77546
James Johnson, 900 Apollo Lane Suite C, Houston, Texas 77058
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