02-17-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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Planning and Zoning Commis`3Ton • Minutes of February 17, 2005 Page 5 7. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R05-002 FOR 14.46 ACRES OF LAND LOCATED AT 3900 UNDERWOOD ROAD BETWEEN FAIRMONT PARKWAY AND SPENCER HIGHWAY. THE PROPERTY IS FURTHER DESCRIBED AS TR 813, LOTS 698 81699, TRS 698A, 699A, Sz 814, AND TRS 698B, 6998 81815, LA PORTE OUTLOTS, IN THE W.M. JONES SURVEY, A-482, LA PORTE, HARRIS COUNTY, TEXAS. MICHAEL A. FISCO OF LA PORTE PROPERTIES, LLC., SEEKS TO REZONE THE PROPERTY FROM LOW-DENSITY RESIDENTIAL (R-1) AND MEDIUM DENSITY RESIDENTIAL (R-2) TO NEIGHBORHOOD COMMERCIAL (NC). Planning Director, Wayne Sabo, presented staff's report. The applicant, Michael Fisco, has requested a zone change from Low-Density Residential (R-1) and Medium-Density Residential (R-2) to Neighborhood Commercial (NC) for property located at 3900 Underwood Road in order to bring the property into some degree of conformity with the current ordinance. The subject property has commercial establishments operating as pre-existing and non-conforming. Notices of public hearing were mailed to property owners within 200' of the subject area. Of the 70 mailed, the City received one response in favor and nine opposed to the rezone. Four additional responses in opposition were received at the meeting. Chairperson Muston opened the public hearing at 7:05 p.m. J.B. Williamson, of 10916 Spencer Hwy., Attorney for AAA Flexible Pipe Cleaning Company, noted that no change in property use is requested. The zone change is requested to make the property consistent with the current use. Mr. Williamson showed photographs of the property and stated that the owner, in trying to be a good neighbor, constructed a fence 30 feet from the property line. One of the neighbors had planted a garden on Mr. Fisco's property and then became upset when asked to remove it. With regard to domestic livestock on the property, while the neighbors may not like the animals, the property owner is in compliance with City regulations. Mr. Williamson recommended the request be approved and answered questions from the Commission. Donald L. Davis, of 3621 E. Desert Dr., has always got along well with Mr. Fisco. His wife was not aware she had placed her garden on Mr. Fisco's property and when it was brought to her attention, the garden was removed, without a squabble. Mr. Davis does not have a problem with the current number of animals on the property, but questioned if additional animals would be allowed if the zone change were approved. In response, Mr. Sabo noted that by ordinance, two large grazing animals per acre are allowed and the subject tract consists of approximately 14 acres. Fred Young, of 9505 Dry Desert Way, commented that when he moved to the neighborhood, he was of the understanding it was a residential neighborhood and AAA Flexible Pipe Cleaning was grandfathered. Mr. Young does not feel that AAA is a good neighbor. He commented about the business's exterior lighting being a nuisance. Mr. Young takes issue with the City's definition of "domestic animal." He also noted there were drainage problems in the front part of the subdivision during a previous storm. Allowing commercial zoning would not help the drainage situation. Mr. Young does not believe this rezone would be in the community's best interest.