Ord. 509-013 02-27-89ORDINANCE NO. 509-13
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF
A SPECIFIC USE PERMIT IN A GENERAL BUSINESS (GB)
DISTRICT FOR ULTRALIGHT. AIRPLANE SALES, STORAGE,
RENTAL AND REPAIR; PARTS, SALES AND SERVICE AND
GROUND INSTRUCTION; PROVIDING A PENALTY FOR VIOLA-
TION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE
AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
WHEREAS, Carl E. Child, Agent for Charles Wight, Owner, filed
on or about December 19, 1988, an application for Specific Use Permit
pursuant to Section 23 of Ordinance No. 509, the Land Use and Urban
Development Ordinance of the City, for approval of a Specific Use
Permit in a General Business (GB) District for Ultralight Airplane
Sales, Storage, Rental and Repair; Parts, Sales and Service and Ground
Instruction upon a certain tract and parcel of land within the
territorial limits of said City, such land being fully described in
the original application for Specific Use Permit attached hereto and
made a part hereof for all purposes as "Exhibit A;" and,
WHEREAS, on the 16th day of January, 1989, a joint public
hearing was held before the Planning and Zoning Commission and the
City CounCil of the City of Pearland, Texas, notice thereof being
given by mail and 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 B," said notice being in strict
conformity with applicable State Law and the provisions of Ordinance
No. 509; and
WHEREAS, on the 20th day of January, 1989, the Planning and
Zoning Commission of the City submitted their report and recommenda-
tion to the City Council regarding the proposed application of Carl E.
Child, Agent for Charles Wight, Owner, whereby they recommended the
issuance of a Specific Use Permit in a General Business (GB) District
for Ultralight Airplane Sales, Storage, Rental and Repair; Parts,
Sales and Service and Ground Instruction, with certain conditions
appurtenant thereto, on the aforementioned land; and
1
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application and
such report at a special meeting held on January 30, 1989; 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 Carl E.
Child, Agent for Charles Wight, Owner, for a Specific Use Permit in a
General Business (GB) District for Ultralight Airplane Sales, Storage,
Rental and Repair; Parts, Sales and Service and Ground Instruction,
facts were presented which in the judgment of the City Council would
justify the approval, with certain conditions, of said application, it
is therefore
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
There is hereby issued a Specific Use Permit for Ultralight
Airplane Sales, Storage, Rental and Repair; Parts, Sales and Service
and Ground Instruction, subject to the terms and conditions herein set
forth, upon the following described property located within the
corporate limits of the City of Pearland, Texas, and presently
classified within the General Business (GB) Zoning District:
Abstract 239, Lots 6A1 and 6A2 of a 2.14 acre tract
of land out of the H.T. & B.R.R. Survey. (2601S.
Main)
The issuance of said Specific Use Permit is made subject to
the following terms and conditions, to-wit:
No operation of Ultralights in the location described herein
above, and as described in the Specific Use Permit.
III.
Any person, firm or corporation who violates or fails to
comply with the requirements or provisions of this Ordinance shall be
deemed guilty of a misdemeanor, and shall, upon conviction by a Court
of competent jurisdiction, be punished by a fine of not less than One
Dollar ($1.OO) nor more than One Thousand Dollars ($1,000.00), and
2
each day such violation or failure to be in compliance shall exist
shall be deemed to constitute a separate offense.
IV.
The City Secretary shall cause this Ordinance, or the caption
and penalty hereof, to be published in the official newspaper of the
City at least once within ten days after its passage on second and
final reading. This Ordinance shall then become effective ten days
from and after its publication, or the publication of its caption and
penalty, in the official City newspaper.
PASSED AND APPROVED ON FIRST READING this
~~ , A. D., 1989.
Mayor
day of
ATTEST:
C ty~et~a~
i
day of
PASSED AND APPROVED ON SECOND AND FINAL READING this
, A. D., 1989. ~~
Mayor
ATTEST:
City~retary~f~~
APPROVED AS TO FORM:
City Attorney
VOTING RECORD (FIRST READING) FEBRUARY 13, 1989
Voting "Aye" - Councilmembers Wolff, Bost,
Roberrs, Tetens and Smith.
Voting "No" - None.
"VOTING'RECORD'(SECONDREADING) FEBRUARY 27, 1989
Voting "Aye" - Councilmembers Wolff, Bost,
Roberts, Tetens and Smith.
Voting "No" - None.
PUBLICATION DATE: MARCH 03, 1989
EFFECTIVE DATE: MARCH 13, 1989
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE
CHARTER OF THE CITY OF PEARLAND, TEXAS.
3
EXHIBIT "A"
CITY OF'PEARLAND
LAND USE CHANGE APPLICATION
ZONING CHANGE REQUESTED
( ) Change in Regulations.in
Section
Change in Zone Class
( )
From:
To:
PROPERTY IDENTIFICATION
Street or Road Address:
Lot 6A1, 6A2 , Block
SUBMITTAL INFORMATION
1. Must be professionally drawn
2. Minimum scale of 100' toinch.
3. North Arrow
4. Site Map attached
LEGAL DESCRIPTION
BOARD OF ADJUSTMENT & APPEAL
( )
( )
(x)
For:
Variance Appeal
Appeal from Interpretation
Special Exception Use IN G.B. DISTRICT
ULTRALIGHT AIRPLANE; SALES, STORAGE,
RENTAL & REPAIR; PARTS, SALES & SERVICE AND
ULTRALIGHT AIRCRAFT INSTRUCTION AND OPERATION.
2601S. Main, Pearland
Addition
Tract Dimension
Location, size, relationship
of all existing structures to
Boundary 1 ines
Describe from Deed Records, attach copy of. Deed, and use metes and bou,nds description:
Platted Lane: Abstract 239, Lots 6A1, 6A2 - 2.14 Acre Tract out of the H.T.& B.R.R.
Survey.
Unplatted Land: (Must have metes & bounds description)
PROPOSED USE OF LAND WITHIN REQ6ESTED DESIGNATION: STORAGE, REPAIR
RECORD OWNER: CHARLES WIGHT
OWNER'S MAILING ADDRESS & PHONE NO.: (713) 923-1685
8903 LAWNDALE, HOUSTON, TEXAS 77012
NAME & ADDRESS OF MORTGAGEE, if any:
AGENT'S NAME: CARL E. CHILD
PHONE NO.: 559-2215
AGENT'S MAILING ADDRESS:
RT 1, BOX 517, DICKINSON, TEXAS
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.
SIGNATURE
SIGNATURE /s/C. E. CHILD
Owner AGENT
FEE: $
DATE PAID:
DATE FILED: 12-19-88 APPLICATION NO. SP-15
EXHIBIT "B"
STATE OF TEXAS
COUNTY OF Brazoria
Before me, the undersigned authority, on this
day personally appeared Larry Ellis the Business Manager
(Name)' (Title)
Journal
of the , a newspaper having general
(Name of Newspaper)
circulation on Brazoria
County, Texas, who being by me duly
sworn, deposes and says that the foregoing attached notice was
published in said newspaper on the following date(s), to
wit:
December 30, 1989
Subscribed and 'sworn to before me this the'~~ day of
office.
, to certify which witness my hand and seal of
Call Council and the PlanninE and ZoninE
Cammission will hear all evidence
collce~lin[ IdvisabilitT of ~antinE said
Specific Use Permit and also will hear all
mclence in ixotest of the pntmE of said
Specific Use Permit.
Kay Krouse
Dry Secretary
County, Te
of Q 5A6) Tom Reid,Mayor
�9 Cujof o cc�rrIlc� dT rryLentz.
Cou cil Terry Gray.Councilman
0 James E. Bost.Councilman
Dennis Frouenberger,Councilman
Richard Tetens, Councilman
TF X pS P. O. Box 2068 • Pearland,Texas 77588-2068 • 485-2411 Ronald J. Wicker,City Manager
February 28, 1989
THE JOURNAL
Pearland, Texas
Re : Ordinance No. 509-13
Please publish the above legal on the following date :
March 3, 1989
Thank you.
Kay Krouse
City Secretary
KK:pv
Attachment
• ., ORDINANCE NO. 509-13
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509 , KNOWN AS THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF
A SPECIFIC USE PERMIT IN A GENERAL BUSINESS (GB)
DISTRICT FOR ULTRALIGHT AIRPLANE SALES, STORAGE,
RENTAL AND REPAIR; PARTS, SALES AND SERVICE AND
GROUND INSTRUCTION; PROVIDING A PENALTY FOR VIOLA-
TION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE
AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
Any person, firm or corporation who violates or fails to
comply with the requirements or provisions of this Ordinance shall be
deemed guilty of a misdemeanor, and shall , upon conviction by a Court
of competent jurisdiction, be punished by a fine of not less than. One
Dollar (S1.00) nor more than One Thousand Dollars ($1 ,000.00) , and
each day such violation or failure to be in compliance shall exist
shall be deemed to constitute a separate offense.
PASSED AND APPROVED ON FIRST READING this /3 day of
A. D . , 1989 .
OY/ 4)
Mayor
ATTEST:
r
City Se etary
PASSED AND APPROVED ON SECOND AND FINAL READING this 2
day of J.2,44a_dAr , A. D. , 1989.
p,.._i:i
,n
Mayor
VOTING RECORD (FIRST READING) FEBRUARY 13, 1989
ATTEST: Voting "Aye" - Councilmembers Wolff, Bost,
Roberts, Tetens and Smith.
)t!iAdl, Y"/ Voting "No" - None.
.(.�?,c,a.�. VOTING RECORD (SECOND READING) FEBRUARY 27, 1989
CC/# `�. INSERTION 01WER-INVOICE
r I Col.X '7 In.— 77 Z Total 1`
Advertiser i`_�frcJx��,'
Charge To ,,•
•
New Ad ❑Pick-Up ❑With Changee ^,t ,.
Q Pick p d From '-,'x
Address ubllceUon Dete Pege tt '=e-
-7'7
58 Q' :
City-State-Zip Q • des Rep. ;' ,'•
/ SJ J _ ( // Date
Phone# Proof To Needed +; .
Layout Instructions To Comp '•7
#Tears I To: i';f+ ,
f�..
Date Frequency - Q....Q....,e }�' i,10
Needed Of Tears C�
Date&Time
Order Written ".�'
°tea
Authorised Comments: Special f
f `.
By ❑Section `"
v
❑National CI Inserts ❑Telemarket 0 No.Group ❑Retail Class. ❑Color •.'
❑Agency Legal 0 Non-profit ❑So.Group
r -.
:.
❑Combo oupon ❑ Std.Card ❑ 2-3 Paper Buy 0 Position Re ueste r :
❑Reverse ❑ Box Chg. ❑Political ❑Total Group ❑Velox ❑Other ;+ `
❑ Charge ❑ Cash
PUBLICATION CODES PJ -FLD.Journal NC -Waller Cnty.NC i,
FJ -FWD.Journal ,�
PC -Pasadena Citizen CA -Cleveland Adv. GN -Horden se Nugget ❑ Paid Ck.#
SW -Southeast Weekly ES -Eastex Shopper -WheelsHM CI Credit Card
SAW-SE APT Weekly CC -Conroe Courier W -Total Group • Number
CLC -Clear Lake Citizen OG -Observer GroupExp.Date
EN -Exchange News HO -Humble Observer NG -North Group !•-
AJ -Alvin Journal KO -Kingwood Observer SG -South Group Bill CI Contract �.
PFJ -PLD FWD Journal EO -E.Cnty.Observer PG -Partial Group(2 3) :.
z
0 Co-op Type 0 Direct❑ Indirect MFG#
File Claim To:
V/;3 5 Invoice# Sales Rep.#
' Cust.# L 'P.O.#
PUB PUB PUB TAG LINE
TOTAL SALES CODE RATE AMOUNT
INCHES f.'.
CODE DATE DAY r/ O � �,
� �4 •
-J ,
•
TOTALa�, r�� I
FOUNDERS NEWSPAPER GROUP • .
White-Billing Pink-Comp. Yellow-Sales Gold-Coop/Combo
.S$
1
�fJ'
T