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
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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.
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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
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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)
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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