2005-03-28 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council

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City Council Regular Meeting, Public Hearing Meeting and Workshop Meeting - March 28, 2005 Page 3 7. Public Hearing - Discuss rezone request for 14.5 acres ofland located in the 3900 block of Underwood Road from R-1 and R-2 to NC as requested by applicant, Michael Fisco. Open Public Hearing at 7:12 p.m. Review by Staff -City Planner Masood Malik presented summary and recommendation and answered Council's questions. Public Input -J.B. Williamson spoke for Mike Fisco, in favor of rezoning. Mr. Williamson asked Council to have legal check on animals. Donald Davis of 3621 East Desert Drive, La Porte, Texas, stated that the animals do not bother him, but he has concerns with businesses expanding and adding more concrete that would cause additional flooding to homes in the areas. Michael and Dennis Fisco of 3900 Underwood want to improve non-conforming as close to compliance as possible; they spoke in favor of rezoning. Fred Young of 4505 Dry Desert Way, La Porte, Texas, circulated photos of flooding for Council to review; he suggested breaking-up zoning around residential areas. Cheryl Hargett of 3617 East Desert Drive, La Porte, Texas, spoke in favor of rezoning and shares concerns for other businesses coming to the area. Bruce Compton of 10941 Spruce Drive, La Porte, Texas, is in favor of rezoning request. The Planning & Zoning Commission, by a unanimous vote (4-3) recommends City Council to deny Rezone Request #R05-002. The Public Hearing was closed at 8:05 p.m. 8. Council to consider taking action on an ordinance to rezone 14.5 acres ofland located in the 3900 block of Underwood Road from R-1 and R-2 to NC as requested by the applicant, Michael Fisco. The Planning and Zoning Commission recommended denial. To overturn recommendation, it would require a % vote or 7 of 9 members. Assistant City Attorney Clark Askins read: ORDINANCE 1501-HHHH AND #R05-002- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL REQUESTED BY MR. MICHAEL FISCO, OF AAA FLEXIBLE PIPE CLEANING COMPANY LOCATED AT 3900 UNDERWOOD ROAD, ADJOINING THE SUMMER WINDS SUBDIVISION, HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilmember Engelken motioned to support Planning and Zoning Commission to deny Rezone Request #R05-002 as presented. Second by Councilmember Griffiths. Motion failed. Ayes: Engelken and Griffiths Nays: Porter, Beasley, Mosteit, Clausen, Moser and Rigby Abstain: None