Ord. 509-005 07-14-86ORDINANCE NO. 509-5
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 FOR ERECTION OF RADIO, TELEVI-
SION OR MICROWAVE TOWERS IN THE MF (MULTI-FAMILY)
ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION;
PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND
CONTAINING OTHER' PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, William E. Wolff, Owner, filed on or about May 16,
1986, 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 for Erection of Radio,
Television or Microwave Towers 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 2nd day of June, 1986, 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 6th day of June, 1986, the Planning and Zoning
Commission of the City submitted their report and recommendation to
the City Council regarding the proposed application of William E..
Wolff, Owner, whereby' they recommended the issuance of'a Specific Use
Permit for Erection of Radio, Television or Microwave Towers, with
certain conditions appurtenant thereto, on the aforementioned land;
and,
WHEREAS, upon receipt of .the report from the Planning and
Zoning Commission, the City Council considered this application and
such report at their regular meeting on June 9, 1986; and,
WHEREAS, the City Council having fully heard the testimony and
argument of all interested parties, and having been fully advised
the premises, finds that in the case of the applicationof William E.
Wolff, Owner, for a Specific Use Permit for Erection of Radio,
Televison or Microwave Towers, 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 Erection of
Radio, Television or Microwave Towers, 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 MF (Multi-Family) Zoning District~
Tract A, 4.745 Acres of Land; Tract B, 4.745 Acres of
Land; Tract D, 4.7447 Acres of Land; and Tract E,
4.743 Acres of Land, all being a part of Tract 162 of
the Subdivision of the H. T. & B. R.R. Company Survey
No. 28, Abstract 551, Brazoria County, Texas (being a
total of 18.98 acres).
II.
The issuance of said Specific Use Permit is made subject to
the following terms and conditions, to-wit:
No more than two (2) towers shall be erected.
Tower(s) must be Federal Aviation Administration (FAA)
approved.
Engineering plans, certified by a qualified engineer, must
.be submitted, showing that the crash zone (area in which
tower(s) would land in the event of falling) will be
restricted within the property lines, such plans subject
to approval by the City prior to erection of tower(s).
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 ($1.00) 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.
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
.~J , A. D., 1986.
Mayor
day of
ATTEST:
day of __,~
PASSED and APPROVED ON SECOND AND FINAL READING this
, A. D. , 1986. ~_~..4~/
Mayor
ATTEST:
APPROVED AS TO FORM:
VOTING RECORD (FIRST READING) JUNE 23, 1986
Voting "Aye" - Councilmembers Mack, Bost,
Frauenberger, Tetens, and
Roberts.
Voting "No" - None.
VOTING RECORD (SECOND READING) JULY 14, 1986
Voting "Aye" - Councilmembers Mack, Bost,
Frauenberger, Tetens, and
Roberts.
Voting "No" - None. .'
PUBLICATION DATE: JULY 18, 1986
EFFECTIVE DATE: JULY 28, 1986
PUBLISHED AS REQUIRED BY SECTION 3.10 of
THE CHARTER OF THE CITY OF PEARLAND, TEXAS.-
ZONING CHANGE REQUESTED
( ) Change in Regulations.in
( )
From:
Section
Change in Zone Class
To:
CITY OF'PEARLA'ND
LAND USE CHANGE APPLICATION
BOARD OF ADJUSTMENT & APPEAL
( ) Variance Appeal
( ) Appeal from Interpretation
(xz) Special Exception Use
For: Construction of Radio or
~levlsion or Microwave Towers
PROPERTY IDENTIFICATION
Street or Road Address:
Lot , Block
Tract A B D E Being a paa, L of Tract 162 of thc
Subdivision of the H T & B RR company Survey NO.28
Abstract 551 Brazoria Co. Texas (18.98 Acres)
Addition
SUBMITTAL INFORMATION
1. Must be professionally drawn xx
2.. Minimum scale of 100' to inch. xx
3. North Arrow xx
4. Site Map attached xx
LEGAL DESCRIPTION
Tract Dimension 633' x 1305' (18.98 AC)
Location, size, relationship
of all existing structures to
Boundary 1 ines none
Describe from Deed Records, attach. copy of Deed, and use metes and bounds description:
Platted Lane:
Unplatted Land: (Must have metes & bounds description)
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION:
towers
Construction of Communications
RECORD OWNER: William E. Wolff and wife Mary Wolff
0WNER'S ~,t~ILING ADDRESS & PHONE N0. :2703 Shakespeare Pearland, Texas
485-7575
NAME & ADDRESS OF MORTGAGEE, if any:
AGENT'S NAME:
PHONE NO.:
AGENT'S MAILING ADDRESS:
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.
S I GNATURE
SIGNATURE
Owner AGENT
FEE: $
DATE PAID:
DATE FILED: APPLICATION NO. C-~/c~' 3
QUicki-Note° V , Date 7-15-86 19
To • Subject
.THE JOURNAL •
Ordinance No. 509-5
Pearland, Texas
•
Please publish the attached legal on the following date:
-July' 18, 1986•
'
Thank you.
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47-231 Poly Display Pack (50 Sets) - From
47-232 Desk Dispenser (125 Sets) '
Made in U.5 A �-.—L// )
. City Sect‘efiarv_ City of Anal, ",X mo,:.,,
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ORDINANCE NO. 509-5
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 FOR ERECTION OF RADIO, TELEVI-
SION OR MICROWAVE TOWERS IN THE MF (MULTI-FAMILY)
ZONING DISTRICT ; PROVIDING A PENALTY. FOR VIOLATION; .
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 ($ 1.00) 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 D20 day of
, A. D. , 1986 .
•
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•
' '124
• Mayor
ATTEST:
City Secretary
PASSED and APPROVED ON SECOND AND FINAL READING this LII
� r -
day of n , A. D . , 1986 .
q/(2_
Mayor -
ATTEST:
City Se' retary VOTING RECORD (FIRST READING) JUKE 23, 1986
Voting "Aye" - Councilmembers Mack, Bost,
Frauenberger, Tetens, and
Roberts.
APPROVED AS TO FORM:
Voting "No" - None.
VOTING RECORD (SECOND READING) JULY 14, 198'
jJ LILILH71
� Voting "Aye" - Councilmembers Mack, Bost,
rC/ty Attorney V Frauenberger, Tetens, and
Roberts.
Voting "No" - None.
PUBLICATION DATE: JULY 18, 1986
EFFECTIVE DATE: JULY 28, 1986
PUBLISHED AS REQUIRED BY SECTION 3.10 of
THE CHARTER OF THE CITY OF PEARLAND, TEXAS.