2007-03-05 Special Called Regular Meeting of the La Porte City Council Minutes

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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Source of Funds: NA Account Number: NA Amount Budgeted: NA Amount Requested: NA Budeet Item: NA Agenda Date Requested: March 19. 2007 Requested By: Wayne J.~b. JJ',~ / r . , Department: Plannine Report: -X-Resolution: _Ordinance:_ Exhibits: Memo; SCUP Approvals Ordinance P&Z Staff Report Area Map Public Notice Responses SUMMARY This item was tabled at the February 12,2007, and February 26,2007, meetings. A public hearing was opened and closed at the February 12th meeting. After receiving public input for and against the proposed SCUP, Council tabled the decision until the issue could be heard before the entire governing body. A memorandum was previously forwarded to claritY the conditions for approval of a SCUP (Section 106-217) and is included as an exhibit. On January 18,2007, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 07-001 for Future Farmers of America (FFA) and 4-H projects facility to be located at 11006 North Avenue P. Allan and Shelly Rankin are seeking this permit for their son Derrick Rankin, who is an active member of La Porte 4-H Club and La Porte FF A Chapter at La Porte High School. The subject property is zoned Large Lot District (LL). The Code of Ordinances, Section 106-416 requires a Special Conditional Use Permit for FFA & 4-H projects to be located in the district. FFA is an integral part of the school's agricultural science program led by an agricultural science teacher. These projects are basically educational in nature and not for commercial purposes. Animals will be shown at various rodeo arenas or exhibitions in different cities throughout the State. All the proceeds will go towards scholarship funds for college education. The FF A program is designed in such a way to change lives and prepares students for premier leadership, personal growth, and career success. The applicants are proposing to house animals at the barn located at least 100 ft. away from the principal structure. The facility appears to be in a good shape and is kept clean per health and safety standards. In addition, the applicants agreed to meet additional conditions imposed based on specific site constraints necessary to protect the public interest and welfare ofthe adjoining property owners. There were approximately 70-75 people present during a public hearing at the Planning and Zoning Commission meeting. By judging their comments or expressions, all seemed to be in favor except one spoke against the project. Issues/concerns raised at the meeting were regarding flies, unsanitary conditions, and run-off from the animal wash area to the adjoining properties. Subsequently, P&Z imposed the following three additional conditions to be included to the draft SCUP; a limit of 8 animals at a time, permit expire June 2010, and ensure the run-off from the animal wash area stays on the property. By unanimous vote, the Planning and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #SCU07-00 1 with the conditions as listed in the SCUP. As required by Ordinance, Eight notices of public hearing were mailed to the property owners within 200' of the site. Seven responses were received, all opposed. Out of these seven written responses, 4 were from the property owners within 200' and 3 outside the 200' radius circle. As per State Law and Section 106-171 (7) of the City's Code of Ordinances, if a written protest is signed by 20% of the residents within 200' ring from the proposed site, a vote of % of all the members of the governing body "City Council" is required to approve the motion. Action Required bv Council: Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU 07-001 for FF A & 4-H projects 1 to be located at 11006 North Avenue P. This item requires a super majority vote for approval. enda ;?tA/JOhn Joerns, Interi J,;P PO, 7 Daie '