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Ord. 2000CUP-54 2011-10-24and ORDINANCE NO. 2000CUP -54 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, 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 2850 S. SAM HOUSTON PKWY, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011 -11), TO ALLOW THE OPERATION OF A TRAVEL TRAILER /RV PARK/CAMPGROUND (LONG AND SHORT TERM), IN THE GENERAL COMMERCIAL (GC) DISTRICT AT THE REQUEST OF ED R. WEATHERALL, APPLICANT AND REC TIME RV, INC., OWNER, 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 RV, Inc., owner, filed an application for a Conditional Use Permit to allow the operation of a Travel Trailer /RV Park /Campground (Long and Short Term), on certain property, 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 location map attached hereto and made a part hereof for all purposes as Exhibit "B 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 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 ORDINANCE NO. 2000CUP -54 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 Conditional Use Permit application for Ed R. Weatherall, applicant, on behalf of Rec Time RV, Inc., owner, whereby the Commission recommended approval of the Conditional Use Permit, 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, the City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meeting(s) on October 10, 2011 and October 24, 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 RV, 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 limits of the City of Pearland, Texas, and presently classified as General Commercial (GC), is hereby granted a Conditional Use Permit to allow for the operation of a Travel Trailer /RV Park /Campground (Long and Short Term) in said zoning district; such property being more particularly described as: ORDINANCE NO. 2000CUP -54 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 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. 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 approval herein granted 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 benefit of the City. ORDINANCE NO. 2000CUP -54 Section VI. 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. ATTEST: day of October, 2011. ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24 APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 1e Current Zoning District: 4 .c.,An4 -gam PROPERTY OWNER INFORMATION: NAME /r✓ ADDRESS Z S' S C ITY .1 14 ..C 172 STATE 75Z. ZIP 7 PHONE( 7' 33 �93 FAX( 7/3) q_ 6 'e' Z E -MAIL ADDRESS APPLICATION FOR A CONDITIONAL USE PERMIT (CUP) Appplica/ g ,0-/did,ade: Applicant's Signature: OFFICE USE ONLY: Exhibit "A" Application Ordinance No. 2000CUP -54 CUP APPLICATION Page 1 of 6 (Updated June 2010) City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281 652 -1768 281 -652 -1702 fax www.cityofpearland.com Conditional Use Permit Request for: A33 c:,Q r,.�,�,.� L ,y,rG _4 5; c (list proposed use from the Table of Uses of the UDC) Property Information: Address or General Location of Property: Z e J4 .6 ://e2,/,4 P Z 7 5/ Tax AccountNo./4202/ a/?0/4 /4 1 %e -)p 4 )RePe —CJ 3/ Subdivision: /1 /r�� =1J Lot: C>1it. Block: G2-4-- A complete application must include all information shown on the Application Checklist attached to this application. APPLICANT /AGENT INFORMATION: NAME el re 4'ee9/27" ,44C 4 0 1 1 _5 ADDRESS 2 f5 S✓�r�rrr x1 ��►y CITY sr�,t/ STATE TX ZIP 77e PHONE( 2,91 FAX( 7/3 '5/33 —‘711? —2— E -MAIL 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 of Pearland. Owner's Signature: /f /�����/A� Date: 7 tea Date: 7 2c FEES PAID: DATE PAID: 7 /aq RECEIVED BY: RECEIPT a NUMBER: c Application No. l 7. 1 4 tytt,titict_t_t_i. t,Itt ot text tt i/ .it VE ar i 4 H( 1 c ll J0 '441/ -1_, 7 7')T. r 14 4, J. J 1,1 t= E CR,217 7 7 'A 4" Ete 541' rca• a 44° 1 j r272 04 7 i s c,' ,L. If ---4 1 I-•,. 1 J14/./.4...0r 14f4 J -J? _IL] n i rii'LLIJIL'J ..1,Jr 7- L -7). 'r,,. 41[..,4-0-1 J J L 0P, r ..1,- ,07. 1141- ..4; 1.- 0 ti V, (7 .0,- -;:tj 10 1 t fr4P 4 '..;4Jit r!, r 0 t L 1 I tt::. ri J: .f, J0, 1 0.104-ii] .0_0 •-i,,..0 0.. I I i., 1 t:1 i 1 t-J.;:)3.0.,......;,.-.=,1....-.:iT-4,4)}-1,.5;,...:;,i.4,... .EI c• 0 I: 04 11 I &4 I J L 4', ri e 0.'1,101q0..F,:Th:11.2 5 I'W.Ic aaco jeg x w 4 sAm NdV3TOrl p' x 4. 4. t i wr►i�ir lr.st h 4 }h P t#tri t r el. IP P A rwhr t t}�� i w P` r�� i���t o i� r�w r� tf �P•f frf.Ihrlr e i t r ii r rhNhf hnr Phh} twt�p }hPw�Ptr .tP ♦iwa�i♦ sr rtta r rw t r +reVsP 4 h rata r t *P w a f P P P i P h� r1 rrsr r•P hr.4 •.a.♦ c.1 _v, Yom f s SAN 1-i01.131 aa� rP 'L f T f K1'. K 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. 0 0r EC •F LL LL N F) g E. w a, s A li 7. v a '.11 D a.. M :a Q q q` q P q q n '51) RecTime,lnc Dina Advanced RV Resort July 27, 2011 City of Pearland Community Development 3523 Liberty Dr Pearland, Texas 77581 Dear Sir or Madam: Please review the enclosed information for the completion of the RV Resort Phase 11. This Phase includes 48 RV Sites a 1400 sq ft activity building and 450 sq ft bath house /laundry All of the engineering, site drainage and detention was completed for Phase 1 thru Phase IV, when Phase I permits were issued. Sincerely, Ed R Weatherall, Pres. Rectime, Inc. 2650 5 Sam Houston Pkwy C Houston, TX 77047 CITY CF PEARLA$D REPRINT “1 CLSTON6DIECEJPT Dper WILSON Type! DC Draper: 1 Dat e: 7/28/11 01 Receipt. no: 276861 Descripti Quantity Annual DA WARD OF ADJUSTMENTS Trans Barker: 130 31 K VARIANCE ZONE IRA 2285 SAN HOUSTON PNYY ED YEATRERALL REG CEP TINE, INC MAUD Tender detail nt CNECX 2622 62A0.00 Total tendered- 5250.00 Total pay:eat. S %S0.08 Trans date: 7/28/11 Tire; 1 :05 SAN! HOUSTON r PARKWAY EAST kg kg C8 4 N 8315'44" E 664.04' _L S 8913'15" W 880.04' 7s _L v V v Lj -1 4 tag 1 U b L a2 GUP APPLICATION Page 2 of 6 (Updated June 2010) APPLICATION CHECKLIST FOR THE FOLLOWING Conditional Use Permits (CUP) 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 contain the metes and bounds description), Lf Parcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. [r''Letter of Intent, explaining the conditional use permit request in detail, specifying proposed uses, specific operations of the use, square footage of buildings, unique characteristics of the property, and any other necessary information Application fee of $250.00, by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) dSite Plan or Plot Plan showing the proposed layout of the subject property, including any proposed buildings, parking, landscaped areas, detenfion ponds, fences, and any other relevant Information r Acknowledgement of the sign to be posted on the property 10 days prior to the public hearing rovide evidence or proof that all taxes and obligations have been paid regarding he subject property. [1 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. OFFICIAL TAX RECEIPT RO'VIN GARRETT, RTA BRAZORIACOUNTY TAX ASSES 111 E. LOCUST ANGLETON, TEXAS 77515 Account No; 11261- 1900 -10001 Certified Owner: REC TIME INC 2010 VALUE' 3 500000 Jr Year Levy Paid 06 2010 23,27050 OR COLLECTOR 0.00 REC TIME INC 2650 S SAM HOUSTON PI (WY E HOUSTON TX T704.7 LT1 ULK1 REC.-TIME FIRST CLASS U.S POSTAGE PAID PERMIT NO. A ANGLETON 7X Pamal Addrs5S: 2880 S SAM HOUSTON PRY I..t1 al Acres: 10.9950 Appr Na: 1281180010001 Deposit No: 019100G3 Paid Date: 01/3 Total Paid: $23 278.50 Check No: 000028151 Exampllon(s): NONE 11 d 1,Al 11 h 1!.,l i, L.,)44 t)n�t), •1 �t�� Exhibit "B" Location Map Ordinance No. 2000CUP-54 a) tJ 0 0 co 0 LO In v vvvvvvvv 1V VV V V V V VVVV V VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV. VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVs VVVVVVV VVVV VVVVVV VVVVVVVVV V VVVVVV VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV. 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VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV• VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV vVVV VVV VVV VVVVVVVVVVVV VVVVW VVVV VVVV VVVVV VVVVVVV VVVV VVVV VWV vVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV vvvvyvvvvy vvvvvvvvv vv. v vVVVVVVVVVVVV VVVVVVVVVVVVVVVV VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV VVVVVV VVVVVVVVVVVVVVVVVV VVVVVVVVVVVVVVVVVVVVVVVVV IOVVWVVVVievvvvvvvvVVVIevieVvvvvvvvvvIelelf.V vlev•o■vvievyvv—v•r_wv..elovvyvvvvvvloy10.1010 ievlovvvvievA9V VVVVVVVVVVVVVVVI "IN! lit v Published August 31, 2011 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM MISSION 'OFTHE CITY OF PEARLAND, TEXAS CONDITIONAL USE 2 B 01 !T NQ CUP Notice Is hereby given that on September 19, 2011, City Council and Planning' and Zoning' Commission of the City of Pearland, In Brazorla, Harris and Fort Bend Counties, Texas, WIII conduct 'a Joint public hearing in the Council' Chambers of CIty,Hall,' located at 3519 Liberty Drive, Pearland,. Texas, on the request of Ed R. Weathered,'applicant on behalf of: Rea Time, Inc, owner, for approval of a Conditional. Use Permit to allow for a Travel :Trailer /RV Park/ Campground (Long and. Short Terris)' In the General Commercial. (GC) District, on proper- ty located at 2850 S. Sam Houston Parkway, more specifically. described below: Minor Subdivision Plat of Rec -Time Subdi- vision, 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" Coup of Harris County. Texas,, No, 85647 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 County General Location: Approximate South- east corner of SH288 and Beltway 8, known as Advanced AV.,' Resort Y Houston Pearland At said hearing, all inter- LEGALS J ested parties shall have the right and opportunity to appear and be heard on the subject. v For additional .Intormatlon," p oontact thee. Planning lease Department at 281.652 -1768 Harold Ellis Senior Planner Exhibit "0" Publications Ordinance No. 2000CUP -54 :ate of Texas 'azoria and Harris Counties AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 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. f Date 8- 3/ 20 No. Date 20 No. Date 20 No. Date No. Date abscribe and sworn to before me this or MAP /sf LAURA ANN EMMONS NOTARY PUBLIC STATE OF TEXAS Commisak r, Expires 09.09.2014 20 20 day of AC__ Laura Ann Emmons, Publisher Notary Public, State of Texas September 28, 2011 Sincerely, Exhibit "D" P &Z Recommendation Letter Ordinance No. 2000CUP -54 Planning Zoning Commission Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Recommendation Letter Re: Recommendation on CUP 2011 -11 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 Conditional Use Permit to allow for a Travel Trailer /RV Park/Campground (Long and Short Term) in the General Commercial (GC) District, 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 After staff presentation there was a brief discussion regarding layout of the proposed development. Following this discussion Commissioner Henry Fuertes made a motion to approve the Conditional Use Permit (CUP). The motion was seconded by Commissioner Neil West. The vote was 5 -0 and the motion passed. Harold Ellis, Senior Planner On behalf of the Planning and Zoning Commission