Ord. 2000M-0082 2011-10-24ORDINANCE NO. 2000M -82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE
ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY, LOCATION BEING ALL OF THAT CERTAIN 19.995 ACRE
TRACT SITUATED IN THE MINOR SUBDIVISION PLAT OF REC -TIME
SUBDIVISION, BEING A PLAT OF PART OF LOT 12 AND ALL OF LOTS
13, 14, 15, AND 16 OF THE DOOLEY PARTITION, AS DEFINED IN THE
DISTRICT COURT OF HARRIS COUNTY, TEXAS, CAUSE NO. 86647
AND BEING OUT OF THE JAMES HAMILTON SURVEY, ABSTRACT
NO. 881, HARRIS COUNTY, TEXAS, AND RECORDED AS FILM CODE
NO. 600053, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS.
LOCATED AT THE APPROXIMATE SOUTHEAST CORNER OF SH288
AND S. SAM HOUSTON PKWY /BELTWAY 8, PEARLAND, TEXAS,
(ZONE CHANGE APPLICATION NO. 2011 -09Z), A REQUEST OF ED R.
WEATHERALL, APPLICANT, ON BEHALF OF REC TIME, INC, OWNER,
FOR APPROVAL OF A ZONE CHANGE FROM THE GENERAL
COMMERCIAL (GC) ZONE AND GENERAL BUSINESS (GB) ZONE, TO
GENERAL COMMERCIAL (GC) ZONE, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Ed R. Weatherall, applicant, on behalf of Rec Time, Inc, owner,
filed an application for amendment to Ordinance No. 2000M, the Zoning Map of the
City, for approval of a change in the zoning district from General Commercial (GC) and
General Business (GB) to General Commercial (GC); 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 more graphically depicted in the vicinity map
attached hereto and made a part hereof for all purposes as Exhibit "B and
WHEREAS, on the 19 day of September, 2011, 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 hereto and made a part hereof for all
ORDINANCE NO. 2000M -82
purposes as Exhibit "C said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 19 day of September, 2011, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed zone change application of Ed R. Weatherall, applicant, on
behalf of Rec Time, Inc, owner, whereby the Commission recommended approval of the
change of classification for the described property from its existing classifications of
General Commercial (GC) and General Business (GB) to General Commercial (GC),
said recommendation attached hereto and made a part hereof for all purposes as
Exhibit "D and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meeting(s) on the 10 day of October,
2011 and; 24 day of October 2011; 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 Ed R. Weatherall, applicant, on behalf of Rec Time, Inc, 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:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently classified as General Commercial
(GC) and General Business (GB) to General Commercial (GC), in accordance with all
Page 2 of 5
Ord No 2000M -82
ORDINANCE NO. 2000M -82
conditions and requirements of the current Unified Development Code and incorporated
for all purposes, such property being more particularly described as:
All of that certain 19.995 acre tract situated in the Minor Subdivision Plat of Rec-
Time Subdivision, being a plat of part of lot 12 and all of lots 13, 14, 15, and 16 of
the Dooley partition, as defined in the District Court of Harris County, Texas,
Cause No. 86647 and being out of the James Hamilton Survey, Abstract No.
881, Harris County, Texas, and recorded as Film Code No. 600053, of the map
records of Harris County
Generally located at the approximate Southeast Corner of SH288 and S. Sam
Houston Pkwy /Beltway 8, at 2850 S. Sam Houston Pkwy
Section 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.
Section 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.
Section 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.
Section 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
Page 3 of 5
Ord No 2000M -82
ORDINANCE NO. 2000M -82
benefit of the City.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000 -T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 10 day of October,
2011.
2La
TOM REID
MAYOR
Page 4 of 5
Ord No 2000M -82
ORDINANCE NO. 2000M -82
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24
day of October, 2011.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 5 of 5
Ord No 2000M -82
Current Zoning District:
Proposed Zoning District:
Property Information:
Address or General Location of Property: vA LS"G) »ri'.�
s r2', 77 '7
Tax Account No. /e t O f X19/
Subdivision: 4crie lr,ri 74 .5 L Lot: it Block: "Z
PROPERTY OWNER INFORMATION:
NAME Fee.
ADDRESS ,Se'
CITY #1,4 STATE Z ZIP 77P
PHONE( 7/
FAX(..) '.,5, ,9 7_
E -MAIL ADDRESS
Owner's Signature:
OFFICE USE ONLY:
FEES
PAID:
DATE
PAID:
APPLICATION FOR
A CHANGE IN ZONING
RECEIVED
BY:
Exhibit "A"
Application
Ordinance No. 2000M -82
ZONE CHANGE APPLICATION Page 1 of 4 Updated April 2010)
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281 652 -1768
281 -652 -1702 fax
www.cityofpearland.com
A complete application must include all information shown on the
Application Checklist attached to this application.
APPLICANT /AGENT INFORMATION:
NAME .�,1'� /E 6VW.,7 ••�G
ADDRESS Z91-57e> S. w� I
CITY4 5• STATE ZIP 7? 7
PHONE(
FAX 7 '3) 2
-MA ADDRESS
*Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
As owner and applicant, 1 hereby request approval of the above described request as provided for
by the Unified Development Code of the City ofFearland.
4e-- Date:
Agent's/Applicant's
Signature: Date: l?
RECEIPT
NUMBER:
Aonlication No.
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Vicinity Map Pearland TX
This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or
surveying purposes. It does not represent an on- the ground survey and represents only the approximate relative location of
property boundaries.
Mr. Harold Ellis
Senior Planner
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Dear Mr. Ellis
As per our review of the City of Pearland Zoning of RecTime Subdivision, Lot 1
Block 1, 2850 5 Sam Houston Pkwy E, Houston Texas, 77047. I am requesting
that the entire property be Zoned General Commercial, which would require that
the part of the property Zoned General Business to be changed to General
Commercial.
This incorrect Zoning was assigned by the City of Pearland in 1999 and should be
changed to comply with the current UDC Codes.
I am requesting that this change be reviewed and acted on at your earliest
convenience.
Sincerely,
Ed R. Weatherall
President
Rec Time, Inc.
Advanced RV Resort
2850 S Sam Houston Pkwy E
Houston, Texas 77047
Sept. 6, 2011
5. Schedule typically follows the above dates. However, an Rem can be tabled by the Council or the
Commission for a specified period of time, Council typically meets an the 2' and 4 Monday,
and the Commisslon meets on the l and 3r Monday, of every month,
POSTING OF ZONING NOTIFICATION SIGNS
ON PROPERTY UNDER CONSIDERATION
FORA ZONE CHANGE (OR CONDITIONAL USE PERMIT)
Any person, firm or corporation requesting a zoning change, a conditional use permit
(CUP), or variance, or special exception (SE) shall be required to erect and maintain a
sign(s), to be inspected by the City, upon the property for which a variance, zoning
change, CUP, or SE has been requested.
Such sign(s) shall be located as follows:
(1) One (1) sign per street frontage shall be located within thirty f
abutting street, or as determined by the City.
(2) So ats to he clearly visible and readable from the public right -of -way and not
obstructed in any manner.
(3) So as not to create a hazard to traffic on the public rights -of -way abutting the
property.
(4) On the subject property at least ten (10) days prior to the hearing of such zoning
change request by the Planning and Zoning Commission, and to remain
continuously on said property until final action by the City Council orwithdraw,val
of the case by the applicant. Removal of the sign by the applicant prior to a
recommendation by the Planning and Zoning Commission and /or a final decision
by the City Council shall constitute a withdrawal of the request.
(5) The signs shall be as follows:
A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4
feet.
At least 2 feet above the ground
Blue or black lettering that. Is a rnlriimurn of 3 inches by 1/2 inch, on a
white background
Message content as follows:
PROPOSED (SPECIFY REQUEST'
Contact City of Pearland
281 652.1768
May 2009
of the
Gr46ad (tamer:
RCCTA9 RIC
710 G EEeRAR. AVE
FRENDSwQO13 TX 77546 -5209
Deposit Pb: 201107E 71014
WiWc4akn Na 940
Account Nn: 128.118-001: -0001
Operator CcOa. IWO
C uter{s):
0600302M
TAX RECEIPT
2010
LION SUMMERS, CPA RTA
14ARRIS COUNTY TAX. AiSESSOR4<OL
1061 PRESTON AVE, SUITE 104
HOUSTON, TEXAS 77042
11, v. 1�VPYG�P.w�i"�'1 r e ptf axaiPL '1arr�`pr,�'YAcchriwrr.I ?S:
Total Al §ect
Chenpe Pakl:
0.00
Lamp! Des Description:
LT1 MU<1
REC -TAE
Rentd
RixaOpl Date t13ir!p
DM, 001)01 2/7fMT11
Print bate:
Vnr Tar Wit NaTTh7 Tax Value Tax Rate Lary P I
2010 Fkxlrt 003 3,500000 1.15670 $40,4114,130 50.60
2010 Had: County 3.1011000 n.3030 313,60 }5 5i0.00
2010 FBAs Cuarry fk+0d cOr' DTM 3,6150 000 0,02$23 $1.023:05 50:00
2010 I of 1- lauslon Ai4i :l0 :0500000 0,0:2056 :.(1;1,10 ^0.00
2010 Harlin Co* s 117001 Dis68G1 3,500000 0.10216 $6,72560
2010 Hnra.. County IN 1. nr1.(9,0031100 3 508 005 0 01100, 5012031 11000
2010 1lxctrx, CornnunItyColiepagyslant 3,600000 0.09222 $3,22 SPA
Totoi $65,317$4 Sft
05015 Si%! I'KAUSII)IY
19.9950AG
4
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$0,00 540,40431
511.010
$120111 75
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310.00 10'
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PAYMENT TYPE: ACCOUNT FA:CI IN FULL
Checls: S65,591
$65,991.34
of l 5(16/^.01 11:4R Ms
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ZONE. CHANGE APPLICATION Page 2 of 4 UpdatedApril 2010)
APPLICATION CHECKLIST FOR THE FOLLOWING
Zone Changes
Planned Development Districts (PD
Application, filled out completely, and signed by the owner of the property to be
considered for the conditional use permit.
If the applicant is the designated agent, the application shall include a written
statement from the property owner authorizing the agent to file the application on his
behalf. Section 1.2.1.1 (a) of the Unified Development Code,
Metes and Bounds Description, (Survey, or a Plat of the property that provides or
contains the metes and bounds description).
Parcel map, printed from the City of Pearland bsite, indicating the tocatlon and
boundaries of the subject property.
El Letter of Intent, explaining the zone change request in detail and why the zoning is being
requested to be changed, and state the uses being proposed
*Letter of Intent is not required for a PD,
Application fee, as determined below, by cash, check made payable to the City of
Pearland, or credit card (Visa and MasterCard only)
Zero (0) to less than 25 acres:
o 250.00, plus $25,00 per each type of zoning district requested; or
ca 400.00 If requesting a Planned Development (PD)
25 to less than 50 acres:.
o 300 00, plus $25.00 per each type of zoning district requesled; or
o 450..00 if requesting a Planned Development (PD)
50 to less than 75 acres:
a 350.00 plus $25,00 per each type of zoning district requested; or
o 500,00 If requesting a Planned Development (PD)
75 to less than 100 acres:
o 400.00, plus $25.00 per each type of zoning district requested; or
o 550.00 if requesting a Planned Development (PD)
100 acres and above,
o 450.00, plus $25.00 per each type of zoning district requested; or
600.00 if requesting a Planned Development (PD)
L_) For PD's Only: the proposed PD document in electronic form by date of application
(either omailed or on a CD) (see PD Format for guidelines on how to prepare the PD).
ZONE: CHANGE APPLICATION Pape 0 of 4 Updated April 2010)
Acknowledgement of the sign to be posted on the property 10 days prior to the public
hearing.
Provide evidence or proof that all taxes and obligations have been paid regarding the
subject property.
Application packets that are not complete will not be accepted. When a completed
application packet has been accepted and reviewed, additional information may
be required by staff as a result of the review, it may be necessary to postpone
the proposed CUP /Zone Change and remove it from the scheduled agenda and
place it on a future agenda date according to Section 1.2.1.2. of the Unified
Development Code,
Additional Information:
Upon making an application for a zoning change or conditional use permit, the
applicant shall place sign(s) as required. The City shall inspect such sign(s) to ensure
compliance as required by the UDC.
After the zoning change or conditional use permit request is approved by the City
Council, denied by the City Council, or withdrawn by the applicant, the applicant shall
remove the sign from the area of the request within ten (10) days of such event.
It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a
sign which jives notice that a zoning change or conditional use permit has been
requested.
In the event the applicant shall fail to erect and /or maintain signs in accordance with
this section, then the public hearing before the Planning and Zoning Commission /City
Council shall be postponed to a date in the future, which would allow time for
compliance.
The erection of any sign required by this section shall not requite a permit under
Section 4.1.2.6 of this UDC.
The owner or applicant shall promptly notify the Planning Department of any sign
required by this section, which becomes lost, stolen or vandalized. The Planning and
Zoning Commission shall have the power to decide whether or not there has been
substantial compliance with the posting requirements In the case of lost, stolen or
vandalized signs.
1111 11111 8 111
III IY1111�
t0'0017 ,o o.aa 6'
cati■raa nN �Lti l()H Avg ,LSN AyMxaivd
Exhibit "8"
Location Map
Ordinance No. 2000M-82
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:ate of texas
'azoria and Harris Counties
Exhibit "C'
Publications
AFFIDAVIT OF- PUBLILH11,1,,� 2000M -82
The Pearland Reporter News
2402- Park Avenue
Pearland, Texas 77581
Lloyd Morrow, hereby certify that the notice hereby appended was published in
1E REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
alveston Counties, for issues, as follows:
No. Date 3 20 _IL__
No. Date 20
No. Date
20
No. Date 20
No. Date
abscribe and sworn to before me this /.S-
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commis$lon Exphee 09
day of
20
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published August .31,
2011
NOTICE OF A JOINT
PUBLIC HEARING, OF
THE CITY COUNCIL
r S A N D THE P N N G
CGM-
(Ty Covert of Hails County,
ND, Texas, Cause No,
86647 and ben out of
the ,,James, Hampton
Survey, Abstract No,
881 Harrle ,County,
Texas; and as
Film Code No. 800053;
of the map records of
Harris Ooun
Minor Subdivision Plat
of Rec- Time SubdIvi.
sion,:being e plat of part
Of lot 12 and all of dots
13,14,15,and 16 Of the
Dcole9 partitIon,li as
deflned 111 fhe District
NI
th.
20111
City lid General Location:
Planr)mgma Z,oning. Appr
Cominissioft f ti blty Southeast corner of
of Pearland,ih 9H288 and Beltway 8„
Harris and kart "Band known .as Advanced
Counties Texas awill RV %:Resort Houston-
conduct a Joint, public Pearland
hearing lh the Council
Chambers ofOity Hall, Atsald hearing all Inter-
located at 3519 Liberty sated parties shall have
Drive Pearland, Texas, the right and opportunity
at the request of Ed R. to appear and be heard
Weatherall, ,applwant on the subject For
on behalf of Rec Time, additional Information;
Inc owner, -fcr approval please! contact the
of a zone change from Planning Department at
the General Comme' 281.652.1768.E
rcial (GC)' zone and
General Business (GB) Harold Ellis
zone, to General Senior Planner.
Commercial (GC) zone
for 19.995 acres, more
specifically described
as:.
September 28, 2011
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Sincerely,
Planning Zoning Commission
Recommendation Letter
Exhibit "D"
P &Z Recommendation Letter
Ordinance No. 2000M -82
Re: Recommendation on Zone Change 2011 -09Z
Honorable Mayor and City Council Members:
At their meeting on September 19, 2011, the Planning and Zoning Commission considered the
following:
A request of Ed R. Weatherall, applicant, on behalf of Rec Time, Inc, owner, for
approval of a zone change from the General Commercial (GC) zone and General
Business (GB) zone, to General Commercial (GC) zone for 19.995 acres on the
following described property:
LEGAL DESCRIPTION: Minor Subdivision Plat of Rec -Time Subdivision, being a
plat of part of lot 12 and all of lots 13, 14, 15, and 16 of the Dooley partition, as
defined in the District Court of Harris County, Texas, Cause No. 86647 and being
out of the James Hamilton Survey, Abstract No. 881, Harris County, Texas, and
recorded as Film Code No. 600053, of the map records of Harris County.
GENERAL LOCATION: 2850 S. Sam Houston Pkwy
Approximate Southeast corner of SH288 and Beltway 8,
known as Advanced RV Resort Houston Pearland
There was discussion regarding platting requirements and property legal descriptions.
Following this discussion, Commissioner Neil West made a motion to approve the Conditional
Use Permit (CUP). The motion was seconded by Commissioner Phil Cessac. The vote was 5 -0
and the motion passed.
Harold Ellis, Senior Planner
On behalf of the Planning and Zoning Commission