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<br />Planning and Zoning Commission <br />Minutes of October 16, 2008 <br />Page 2 of 5 <br /> <br />4. CLOSE PUBLIC HEARING <br /> <br />Chairman Lawler closed the public hearing at 6:25 p.m. <br /> <br />5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL <br />USE PERMIT REQUEST #SCU08-008. <br /> <br />Motion by David Janda to recommend to City Council approval of Special Conditional Use Permit <br />#SCU08-008 with the following conditions: <br /> <br />1. This SCUP is specifically for the development of a bed & breakfast facility with two (2) <br />rental bedrooms. <br />2. Expansion of number of bedrooms for this facility shall be prohibited. <br />3. No person other than member of the family residing in the premises shall be engaged in <br />such business. <br />4. With the reconstruction/widening of Sens Road, two existing driveways shall be restricted to <br />only one driveway. <br />5. Screening and/or landscaping adjacent to residential area shall be required in accordance <br />with Section 106-444(a) of the Code of Ordinances. <br />6. Provide an irrigation system to ensure that all landscaping and screening is properly <br />maintained by the owner/developer. <br />7. Existing vegetation and trees shall remain in place along Sens Road and North 'H' Street. <br />8. All lighting in the parking lot shall be hooded and arranged to deflect light away from the <br />nearby residential properties in compliance with Section 106-521(a) of the Code of <br />Ordinances. <br />9. Property line fence shall not be erected within the required landscaped portion of the front <br />yard setback per Section 106-797 of the Code of Ordinances. <br />10. All new signage shall require a separate permit from the City's Inspection Division. <br />11. This permit does not become valid until a Development Site Plan is reviewed and <br />approved in accordance with the requirements of the Development Ordinance. <br />12. The Developer shall comply with all applicable laws and ordinances of the City and the <br />State of Texas <br /> <br />Second by Kirby Linscomb. The motion carried. <br /> <br />Ayes: <br /> <br />Hal Lawler, Dottie Kaminski, Nick Barrera, Les Bird, Kirby Linscomb, Jr., David <br />Janda, and Paul Berner <br />None <br />None <br /> <br />Nays: <br />Abstain: <br /> <br />6. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON A PROPOSED AMENDMENT TO <br />CHAPTER 106 OF THE CODE OF ORDINANCES BY AMENDING SECTION 106-799, <br />"CONSTRUCTION, MAINTENANCE OF ELECTRIC FENCES PROHIBITED", BY ALLOWING <br />ELECTRIC FENCES ON THE PREMISES OF SINGLE-FAMILY DWELLINGS LOCATED WITHIN <br />THE CITY LIMITS OF LA PORTE, AND AMENDING APPENDIX B "FINES" TO ESTABLISH FINE <br />AMOUNT OF $2000.00. <br /> <br />Chairman Hal Lawler opened the public hearing at 6:32 p.m. <br /> <br />A. STAFF PRESENTATION <br /> <br />Staffs Report was presented by Debbie Wilmore, Chief Building Official. The city <br />received a request to install an electric fence at a residential dwelling to help the resident <br />contain the dogs at their licensed kennel. City Council adopted an Ordinance in 1971 <br />that prohibits the use of electric fences. Since that time, electric fencing has changed. <br />Manufacturers are required to have their product UL approved and give off a pulsating jolt <br />and then stop for quick release. <br />