09-29-1994 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission

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• • Planning & Zoning Commission Meeting of 9/29/94 SCU94-001 Page 6~of 9 fenced and no new structures can be built within this area. Right-of--way: The use of public rights-of--way must also be considered. The 12th Street and "J" Street rights-of--way run through this property. Portions, but not all of these rights-of- way have been closed. As part of the Southern Pacific General Plan review process, the City had agreed in principle, to close, abandon, and deed to Southern Pacific, certain portions of the remaining rights-of--way that cross this property, provided that, in return, Southern Pacific deeded to the City, property needed to facilitate F-101 and other street and drainage improvement projects. As of this date, however, the streets have not yet been closed and the City has not given consent for the rights-of--way ~to be fenced or leased. Additionally, it should be noted that it is the responsibility of Southern Pacific, the actual property owner, to petition City Council regarding this issue. . Until such time that this issue is resolved, dedicated rights-of- • way that extend into this tract must remain open and unobstructed. Further, in staff's opinion, any request by Southern Pacific should be in the form of a detailed plan that will preserve the City's control of these rights-of--way. Highway 146 Widening: Another right-of--way issue is the widening of Highway 146. The highway is to be widened slightly in the vicinity of the "L" Street right-of--way. 'T'his will be done in conjunction with the final construction phases of the Fred Hartman Bridge approach/Hwys. 146-225 interchange. The State Highway Department has provided right-of--way acquisition plans to the City. Fencing along the Highway 146 face of the property should follow the lines established on the right-of--way map. This will prevent the Highway Department and the City of La Porte from having to pay to remove and relocate fencing. Under State guidelines, 10% of this cost would be borne by the City. It will also lessen the possibility of accidental livestock release during road construction. Livestock Concentrations: The next issue to consider is livestock concentration. As noted earlier, both staff and the applicant agree that because of the condition of this property, it will not support a two animal per acre concentration. Based on the applicant's testimony regarding the condition of this