2016-03-14 Regular Meeting of La Porte City Council Minutes

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The public hearing continued from February 22, 2016. City Planner Eric Ensey presented a summary and recommended taking 6(a) and 6(b) together Councilmember Zemanek asked if the applicant is requesting a zoning change to make the property more marketable. City Planner Eric Ensey responded, that is correct. Councilmember Zemanek asked if there is a fill dirt permit for the issue that exists. Mr. Ensey responded there is a permit for the dirt that is there; and the problem is, when the dirt was put in there, the drainage ditch does not appear to provide the appropriate slope or drainage for the people behind the property and he is flooding the people behind him. Councilmember Zemanek asked how long has the fill dirt been at the site. Mr. Ensey responded about 2-3 years. Councilmember Zemanek asked what has been done to resolve the issue in the last 2-3 years. We still haven't resolved the issue. Planning and Development Director Tim Tietjens addressed the question stating the swale has silted in over time, and that is definitely part of the issue. It was made Neighborhood Commercial for a reason. Councilmember Earp commented he is not in favor of changing the property from "Neighborhood Commercial" to "Commercial." Councilmember Martin asked how many responses were received from abutting properties. City Planner Eric Ensey responded four responses in opposition, one unopposed — which is the veterinarian. Councilmember Martin asked what is on the northeast corner. Mr. Ensey responded the City's lift station. Charles Breitenbach, 10110 Roseberry, spoke in opposition and provided photos of flooding on his property due to the fill on this piece of property. When asked when the pictures were taken, he replied, "...about an hour ago." In addition, Mr. Breitenbach advised that his neighbor's home gets water in it after a large rain event. The water just keeps seeping onto our property. There is just such a great amount of water on this property. It doesn't make it to the retaining pond. The retaining pond is dry. We've been dealing with this for 2-3 years. Please just fix the problem. There's a hundred yards of water on this land. The situation needs to be taken care of. The public hearing was closed at 6:24 p.m. Councilmember Zemanek moved to deny the request to amend the Future Land Use Map Component of the La Porte Comprehensive Plan. Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY 810. Councilmember Clausen was absent. (b) Public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to approve rezone of a 3.9 acre tract located north of Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey from Neighborhood Commercial (NC) to General Commercial (GC); consider approval or other action regarding an Ordinance to approve zone change request #15-92000004, for a 3.9 acre tract located north Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey, from Neighborhood Commercial (NC) to General Commercial (GC) — E. Ensey (This item as postponed at the February 22, 2016 meeting, until March 14, 2016). The public hearing was continued from February 22, 2016. There being no comments the public hearing closed at 6:26 p.m. Page 3 of 6 March 14, 2016, Council Meeting Minutes