HomeMy WebLinkAbout09-14-1989 Public Hearing and Regular Meeting® •
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MINUTES OF
PLANNING AND ZONING COMMISSION MEETING
SEPTEMBER 14, 1989
Members Present: Chairman Janet Graves, Commissioners Inge
Browder, Eugene Edmonds, Jack Gresham, Charles
D. Boyle, Bobby Blackwell.
Members Absent: Commissioner Lola Phillips
City Staff: Director of Community Development Joel H.
Albrecht, Community Development Secretary Nina
Browning, Assistant City Attorney John
Armstrong, Mayor Norman Malone.
Others Present: 7 Citizens
1. CALL TO ORDER
• Chairman Janet Graves called the meeting to order at 7:00 PM.
2. APPROVAL OF MINUTES OF AUGUST 17, 1989.
A motion was made by Jack Gresham and seconded by Eugene
Edmonds to approve the minutes of the August 17, 1989 meeting
as submitted. All were in favor and vote was unanimous.
3. OPEN PUBLIC HEARING
Chairman Janet Graves called the Public Hearing to order at
7:04 PM.
CONSIDER REZONING REQUEST R89-007.
This is a rezoning request to change a zone from "R-1", low
density residential to "GC", general commercial. The area is
a 4.8738 acre tract of land out of the south 300 feet of
Outlots No. 698 & 699 and vacated right-of-way, further
described as 3900 Underwood Road.
This request was made by AAA Flexible Pipe Company and since
the request was made the Commission has received a letter
dated 9-12-89 requesting that the "Application for zoning
change" be withdrawn from this meeting and reschedule in
® October.
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• Planning & Zoning Meeting
Minutes of 9-14-89
Page 2 of 4
CONBIDER SPECIAL CONDITIONAL IISE PERMIT REQOEBT SCU89-005.
The purpose of this request is to develop an agricultural
facility for the breeding of Emus. The request location is
for the west 1/2 of Outlot 444 and further described as being
in the 10100 block of North "L" Street. The property is zoned
R-1, low density residential.
Mrs. Graves turned the meeting over to Mr. Albrecht, Director
of Community Development. Mr. Albrecht summarized the request
of Mr. Bill Davis, 602 Bradshire, Deer Park, Texas. Mr.
Albrecht stated that Zoning Ordinance No. 1501 designates
"Agricultural Specialties" as a conditional use in "R-1"
zoning. This use is conditional when it is to be the primary
activity on a tract of property, as there is not a home
presently located on the property (a future home site is
proposed), this use will be considered as primary.
The conditions which staff would ask the Commission to
consider are as follows:
(1) A maximum number of Emu's to be housed on the property
at one time.
(2) No other type of livestock shall be housed on this
property without prior approval from the Planning &
Zoning Commission.
(3) Facility shall comply with La Porte Ordinance No. 1358
and its future revision or amendments.
This request meets Zoning Ordinance pre-requisites and is
therefor eligible to be considered for a Special Conditional
Use permit.
Mr. Albrecht stated that the options the Commission could vote
on are:
(1) Recommend City Council approval of this request:
A. As submitted by applicant,
B. With conditions recommended by staff
C. With additional conditions (or deletion of
conditions) as felt necessary by the Commission
(2) Table request for further discussion at a future date
(3) Recommend City Council denial of this request
•
Planning & Zoning Meeting
Meeting of 9-14-89
Page 3 of 4
Mr. Albrecht stated that fifteen (15) notices had been sent
out to the surrounding 200 ft. perimeter area that is required
by law and had received 4 responses. Of these responses, one
was in favor and 3 were opposed.
At this time Mrs. Graves asked if anyone wished to speak in
favor or opposition of the request. Those speaking were as
follows:
(1) Bill Davis - Applicant - told the Commission what his
plans were and what he expected to do on the property.
(2) Mary Lamb - 661 Bearing Drive, Houston - owns property
in La Porte west of the flood control ditch in Lomax by
the property in the request.
Ms. Lamb had only a few questions, really did not make
a statement, only mentioned her concern of how this would
affect the value of the property in the area.
• 4) CLOSE PUBLIC HEARING
Mrs. Graves closed the Public Hearing at 7:33 PM.
5) CONSIDER REZONING REQUEST R89-007
Rezoning request was withdrawn and no action was taken.
6) CONSIDER SPECIAL CONDITIONAL USE REQUEST BCU89-005
Mrs. Graves read into the record the responses received from
the notices sent out, they are as follows:
(1) Guy Sutherland - in favor
(2) Mary Lamb - against
(3) R. L. Jeffcoat - against
(4) J. B. Ralls - against
After discussion among the Commission a motion was made by
Bobby Blackwell to increase the 160 feet to 200 feet from
North "L" Street to the pen area and put a 200 maximum limit
of emus on the property (including chicks), a second was made
by Jack Gresham. All were in favor and the motion carried.
The recommendation will go to City Council.
® •
Planning & Zoning Meeting
Minutes of 9-14-89
Page 4 of 4
OTHER BIISINESS:
Bobby Blackwell ask if a date/time had been set for the
Commission and the City Council to get together for a meeting.
Mr. Albrecht stated that in November/December a week-end
retreat was being looked at for a possible meeting.
Mrs. Graves told the Commission that the City Council passed
the I.C.N. request at the last Council meeting.
7) ADJOIIRNMENT
There being no further business a motion was made by Bobby
Blackwell and seconded by Eugene Edmonds to adjourn. All were
in favor. Meeting adjourned at 7:50 PM.
Respectfully submitted,
• Bbl
Nina Browning, Secre ry
Community Development
Minutes approved on the ~ day of __~~~~ 1989.
/ v
Jane#~,Graves, Chairman
Pla ~ing & Zoning Commission
neb/9-18-89
RECEfVEQ ® • RECEIVE
S E P 1 ~ i989 R~ ']~ COMM. DEV.
CODE ENFORCEMENT
• {~Do(~3~~o~DoQ pipe cleaning con~pony
••---------•••----••-•~-f1MC! tq! ®--------•---- •_39000NDERWOODROAD
LA PORTS, TEXAS 77571
Phone: 946-7927
SEPTEM$ER 12, 1989
CITY OF LA PORTS
• P.O. 80X 1115
LA PORTS, TEXAS
77571
ATTENTION: MR. JOEL N. A18REC1IT
' Dean Mn. A.~bnech.t:
We neques~ #ha# ours "App.~,i.ca~-i.on Fon Zon,i.ng. Change" be w,i.~h-
. drawn bnom yours Sep~emben 14, 1989 Agenda.
`~• The owner. ob AAA F.2 ex-i.b.~e P.i.pe C.~ean.i.ng Company, Mn.a. Many .
F.i.bco, w-i..~.~ be .i.n La Pon#e dome~.i.me .i.n Oc#oben and w.i..2.2 wan# #o
. d.i.bcua.a ours zon,i.ng b.i•#ua.t.i.on w.i..th the C-i..ty a~ ~tha~ .t-i.me.
We arse sonny bon any .i,nconven.i.ence #h.i.a may have caused.
Ib ~hene..i.a any~h,i,ng bun.then #ha~ needs ~o be d-i.bcue4ed con-
cenn.i.ng .th.i.a w.i.#hdnawa.2, p.~eade bee•Z bnee .to ca.2.~ me a# 946-7927.
S-i.ncene.2 ,
/raGO
M-i,chae.2 A. F ~sco
V.i.c e- Pn e4.i,d end
AAA F.2ex.i.b.2e P,i.pe C.~ean.iny Co.
MAF:mb
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INTER-c?FFiCE MEMORANDUM
September 14, 1989
T0: Joel Albrecht, Director of Comm ity Development
FROM: Mark S. Lewis, City Inspect. ~ •'
SUBJECT: Additional Emu research
I contacted Ms. Carol Nixon, with the Houston Zoo's
Discovery (children's) Zoo. ~ Emu's are displayed in the
children's zoo area. The birds are displayed in a fenced
enclosure .rather than the petting zoo area.
Ms. Nixon described the birds as non-aggressive but, easily
startled. When startled the birds usually flee but, if unable to
escape perceived danger, will defend themselves by means of a
powerful kick.
She further stated that the birds which are very inquisitive
by nature, are attracted to and. will peck at shiny objects as
well as moving or flapping items such as loose articles of
clothing.
® In Ms. Nixon's opinion, the fencing proposed by Mr. Davis is
adequate to contain the birds. She did, however suggest either
double fencing or a fence mesh which is small enough to prevent
the birds from pecking through the fence. She feels the greatest
hazard posed by the birds has to do with their pecking. She
cited an instance in which a small child put his face up to the
fence of an Emu pen and was pecked in the eye.
Ms. Nixon also indicated that as with all other types of
livestock, there are•diseases and parasites which may be passed
between Emus or humans and other animals. This however, appears
to be fairly, rare with the degree of hazard being a good deal
less than-is normally associated with other, more conventional
forms of poultry and fowl. .
For further information, Ms. Nixon referred me to Mr. & Mrs.
Phillip Minnaar of Emu World in Brenham and Mr. John Chapman.
I spoke to Mr. Minnaar and he basically confirmed all other
information staff has received to date. The Minnaar's maintain a
flock of approximately 300 Emu's. To date, the most serious
health problem they have experienced is Fowl Pox. This is a
disease which is primarily transmitted from chickens. It is not
transmittable to humans.
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Emu Research
Page 2
In addition to his personal experience, Mr. Minnaar stated
he has been involved with extensive research projects, conducted
by Texas A & M University and the Australian Wildlife
Conservation Agency.•
Mr. Chapman has not yet returned my call.
XC: Janet Graves and Planning & Zoning Commission
MSL/mjs
=: ~
® Joel iHlbrecht ~ Janet tiraV@S
Hs promises, i visited the Houston Loo. 1 was referred to Carol
iVickson who was very Knowledgable about emus. the zoo gets birds
on a rotating basis from .iohn Chatfield, a breeder near Waco
(5lL-3yL-ubLLj. Another breeder who would answer questions is
Sue 2Sc Phillip Niinnaar at Brenham (4V:J-BTU-8ti1t3 j . ! he Loo vet is
teary Harwell (E+41 -LfiUl j .
Caro! advises ..that there is .no odor or noise problem. When
excited the birds make a noise which can be heard up to 3u feet
away. They are normally placid and only get excited when
strangers enter their pen. They are a very curious bird and will
investigate unusual activity. Iheir Only bad feature is a
powerful defensive kick. emus are the most disease tree of ail
birds.
After Carol hears our situation she said she saw no problem
providing the following conditions were set a
o Inclose each pen with an B foot high heavy wire mesh or
solid board fence.
o rrovide good drainage.
o rrompt feces removal from site.
® i encouraged 'her to call city hall and she was trying to reach
INark Lewis when 1 left .
iH side comment. You should send somebody to look at the site.
There is a lot of construction debris there including old
roofing, concrete drain tile, metal, etc - an ideal breeding
ground for rats since it is mostly overgrown. Coning should set
cleanliness standards.
;~
•
Planning & Zoning Public Hearing
® t4illiam Davis
,~8e~ia1 Conditional Use Permit SCU89-005
TYPE OF MEETING '
Spetember 14, 1989
. RE~EIVEn
MEETING SCHEDULED FOR
SEN z 2 1989
_C.ODE ~EI1~fORCEM,~N~
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM s/~ IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLO4-TING REASONS.
n ~ ~ ~~ ~ ~
®.~~ ~' -
a- -
SIGNATURE
HOME ADDRESS
•
• •
Planning & Zoning Public Hearing
William Davis
SFecial Conditional Use Permit SCU89-005
TYPE OF MEETING
RECEIVED
Spetember 14, 1989
MEETING SCHEDULED FOR
SEP 1 ~ 1989
CODE ENFORCEMENT
• I HAVE RECEIVED NOTICE OF~THE ABOVE REFERENCED PUBLIC HEARING
. AND ~ I AM IN FAVOR OF OR I AM _ ~iy!L~ IN
• OPPOSITION OF GRANTING THIS REQUEST FOR THE FOT,LOY~'ING REASONS.
:.,.::
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• ~~ `
SIGNATURE
4:.°i: 4~.~r~•_;.. % r • 7 x.52 /
HOME ADDRESS
• i
Planning & Zoning Public Hearing
• William Davis
Special Conditional Use Permit SCU89-005
TYPE OF MEETING ~~ .,
Spetember 14, 1989 RECEIVED
MEETING SCHEDULED FOR
•
•~c
SIGNATURE
S ~f' 1 ~~ i°89
CODE ENFORCEMENT
HOME ADDRESS
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM IN FAVOR OF OR I AM IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS.
AGAINST
® •
PLANNING & ZONING COMMISSION
PUBLIC HEARING
SPEAKERS SIGN-IN-SHEET
All speakers will be limited to five minutes.
Consider Special Conditional Use Permit 89-005, as requested
by ~9illiam Davis ._
3:
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15.
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REZONE REQUEST R89-007
7~~'
>
CITY OF LA PORTE RECEIVED
APPLICATION FOR 1989
ZONE CHANGE REQUEST AUG 2 ~)
couE ENFORCEMENT
----------------------------------------------------------------------
Application No.: f?1-~7
Date Received: ~-d15-.R?
Receipt No.: b ?,:/{'7'Y6
Fee:
$100.00
OFFICE USE ONLY:
( ) Site Plan () Minor Development Site Plan
( ) Major Development Site Plan () General Plan
( ) Site Plans Submitted on
----------------------------------------------------------------------
APPLICANT'S NAME:
AAA FLEXIBLE PIPE CLEANING CORPORATION
Date:
AUGUST 23, 1989
Signature:
WHO ~)946-7927
1Iu;d o. ~~
Address:
3900 UNDERWOOD ROAD
OVINER 'S NAl1E:
MRS. MARY D. FISCO
Address: 10620 CEDAR AVENUE, CLEVELAND, OHIO 44106 PH: (216) 231-5555
Property Legal Description: Refer to attached sheet 1 (X) See Attached
I
Date:
OWNER OF THE HEREIN DESCRIBED PROPERTY AND MICHAEL A. FISCO
IS AUTHORIZED TO FILE THIS }7LICATION ON MY BEHALF.
AUGUST 23. 1989 . Signature: ~7~4C~
Requested Zone Change: GC SIC No. 4212
I AN THE
Zone: R-1
Proposed Usage:
-
LOCAL TRUCKING. INDUSTRIAL PIPE CLEANING & REPAIR
----------------------------------------------------------------------
----------------------------------------------------------------------
OFFICE USE ONLY
1) Planning & Zoning: (a) Preliminary Meeting -
(b) Public Hearing/Mtg. -
III/A
5c;II'-!, r7YC(
/ /
Recommendation:
Applicant Notified of Date(s): (~1st Mtg.
Ad j 0 in in g Pro per t y 0 \m e r s Not if i e d : V
(- ) 2nd Mtg.
2) City Council:
(a) Regular Meeting
(b) Public Hearing/Mtg. -
Approved ( )
Denied ()
Adopted by Amendment Ord. if 150 1 - _
CONTINUED ON NEXT PAGE
REZONE REQUEST R89-007
Requested For:
A 4.8738 acre tract out of the south
feet, more or less, of La Porte Outlots
699 and the vacated road lying between
outlots and further described as
Underwood Road (See Exhibits A & B)
300
698 &
said
3900
Present Zoninq:
R-1, Low Density Residential
Requested Zoninq:
General Commercial
Requested By:
Michael A. Fisco, AAA Flexible Pipe Cleaning
corporation, representing Mary D. Fisco,
owner
Backqround:
The tract in question is presently occupied by AAA Flexible
Pipe Cleaning Corporation. The company has operated in this
location since the early 1970's. The company has been classified
as a legally pre-existing non-conforming use since the City's
annexation of the Spenwick/Collegview area in 1984. The zoning
of both this tract and surrounding property has been residential
in nature since the time of annexation.
AAA Flexible Pipe Cleaning primarily operates this facility
as an office and truck terminal. The Standard Industrial
Classification number for this activity is 4212 (Motor Freight
Transportation and Warehousing). Zoning Ordinance #1501 lists
this type of business as a permitted use only in Light Industrial
and Heavy Industrial zones.
As noted, the current zoning of this tract is R-1, Low
Density Residential. The applicant's are seeking a rezoning to
General Commercial. To the best of staff's knowledge, no change
of use has been proposed for the tract. It should be noted that
granting the requested rezoning would not change the non-
conforming status of the applicant's business.
The tract in question is surrounded on all four sides by
residentially zoned property which has an underlying land use
designation of Low Density Residential, and to the north, Mid to
High Density Residential (See Exhibit C).
This request is contrary to the intent of the Comprehensive
Plan and must be determined ~hether or not amending the Plan is
~arranted. There are two basic criteria, either one of which
will justify modifying the Comprehensive Plan. These are as
follows:
1.
It can be demonstrated that the judgement
used in determining the present zoning and
designations was flawed or in error.
and logic
land use
,.
.
R89-007/Report
Page 2
2. There has been, subsequent to the adoption of the
Comprehensive Plan, some type of change to an area
which so changes its character that an amendment to the
plan is warranted.
The designation of this area for the mixed development of
single family and mid density residential subdivisions was based
on the following factors.
1. The proximity of existing residential neighborhoods in
Fairmont Park and Spenwick as well as the presence of
the Baker, Reid and Rizzuto Elementary Schools which
were located in the anticipation of additional
residential development.
2. The existence of developed commercial centers located
along thoroughfares. Additionally, the presence of
relatively large tracts of undeveloped commercial
property throughout the City appears to at this time
discount the need for additional commercially zoned
tracts. (See Exhibit D).
The reasoning used at the time of plan adoption appears to
be as sound today as it was at the time of implementation.
Regarding the issue of changes to the area, the widening of
Underwood Road is the major change anticipated for this area in
the foreseeable future. This project has been planned for
several years and was considered in the development of the
Comprehensive Plan. Therefore, by itself, the road project
should not be considered justification for amending the Plan.
Conclusion:
1. This request does not conform to the intent of the
Comprehensive Plan for this area,.
2. A need for additional commercially zoned property has
not been demonstrated.
3.
The reasoning used in assigning the present zoning
land use designations was sound. There have been
changes to this area which warrant a rezoning or
amendment to the Comprehensive Plan.
and
no
an
.
R89-007/Report
Page 3
Options:
I. Recommend City Council approval of this request.
A. As requested by applicant
B. With amendment
II. Table request for further consideration at future date.
III. Recommend City Council denial of this request.
Recommendation:
Deny rezoning request R89-007.
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CARL E. DUAINE, REGISTEREO'SlJRVE'(OR~;:,;;.:,;"'';'h ::-;.(
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----- CITY-OF LA PORTE --
LAND USE PLAN
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LEGEND
PUBLIC USES .
LOW DENSITY RESIDENTIAL USES
MID TO HIGH DENSITY RESIDENTIAL USES
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PUBLIC WORKS
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EXHIBrr C
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SPECIAL CONDITIONAL USE PERMIT
SCU89-005
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APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
---------------------------------------A~;li~~ti~~-N~~~---j9=-~~----
OFF ICE USE 0 N L Y : Fee: $1 00 . 00 D ate R e c e i v e d : i - 11- .?9
Rece ipt No.: tJ 7, 1'J53
Certified Plans Submitted:
( ) General Plan () Major Development Site Plan
( ) Minor Development Site Plan () Preliminary Plat
Person Making Request: 'V'llrA IN1 5, V.J.. (1\.5
Mailing Address: (Po 'Z- '~eAO 5Pr-\'~ c-
City/State: vec c-Y ~\., J-€~~ 77S"3 (.,
BUSINESS NAME: 8".,.2 :';(A-1v~
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Phone: .t/7~- JZ'7Ct ff)
PROPERTY ADDRESS:
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LEGAL DESCRIPTION:
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SIC USE CATEGORY:
OF BUSINESS:
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OwneroT Authorized Agent
Date
----------------------------------------------------------------------
OFFICE USE ONLY
Date of P & Z Public Hearing:
Date of City Council Meeting:
Zone: 1<.-1
5et11 J '1. / err,; 1
I I
Recommendation: Y or N-
Approved: Y or N
This application is:
Approved ( )
Permit II
Denied ( )
eLP JOB D
(If Assigned Yet)
Conditions:
Date
Zoning Adninistrator
C:::D/1-187
..
SPECIAL CONDITIONAL USE PERMIT REQUEST
SCU89-005
Requested For:
West 1/2 of Outlot 444; La Porte Outlots (See
Exhibit A)
Location:
10100 Blk of North "L" st.
Requested By:
Mr. William S. Davis
Property Zoninq:
R-1, Low Density Residential
Purpose of Request: Development of a facility devoted to the
raising and breeding of Emu's
Backqround:
Zoning Ordinance 1501 designates "Agricultural Specialties
(Animal Specialties)" as a Conditional Use in R-1 Zones. This
use is conditional when it is to be the primary activity on a
tract of property. As there is not a home presently located on
this property (a future home site is proposed), this use will be
considered as primary.
The Zoning Ordinance prerequisites for this type of activity
are as follows.
1. The tract must be classed as "Large Lot Residential"
conBiBting of an acre or more (Section 10-300.10). The
applicant's tract consists of approximately five (5)
acres.
2. Livestock must be penned at least twenty-five (25) feet
from any property line except where adjoining property
is also used to house livestock (Section 10-300.10).
3. While there are no limits on the number of fowl which
may be housed on a given tract, the property must be
maintained in a manner which will not constitute a
health hazard or constitute a violation of City
Ordinance 1358 (Section 10-300.10).
Note: Ordinance 1358 deals with public nuisances
including weeds and debris as well as "obnoxious,
unwholesome and insanitary" property conditions.
Emu's are large, flightless birds which are native to
Australia. Adult birds stand approximately five (5) feet in
height. Based on specimens observed by staff, mature birds
appear to weigh approximately sixty (60) to eighty (80) pounds.
Staff has located a small local facility (located at
Guardian Fire Services, 2202 Underwood Road) which currently
houses three (3) adult pairs of Emu's. The owners stated the
pens, which were very clean and virtually odor free, require very
..
SCU89-005/Report
Page 2
little maintenance. They further indicated that Emu's are hardy
birds which are not prone to disease and also that the birds make
very little noise. This appears to corroborate the information
contained in the applicant's development proposal (See Exhibit
B). Staff found the birds at the Underwood facility to be docile
and friendly.
The pens and sheds at this facility, although configured
somewhat differently, appear to be very comparable to those
proposed by the applicant and completely adequate to maintain the
birds in safe and healthful manner.
Analysis:
As noted in the background section of this report, the
applicant's property is an approximately five (5) acre tract. It
therefore qualifies as a "Large Lot Residential" tract.
A review of the applicant's start up and long range
development plans (See Exhibits C & D) indicate that bird pens
are to be setback over one hundred fifty (150) feet from the
front property line. This places the pens well behind existing
homesites and adjacent to pasture area (See Exhibit E). The
proposed pen layout therefore appears to conform with City
ordinance.
The applicant does not indicate the number of birds which he
ultimately intends to house on this property. Although the
Zoning Ordinance does not directly limit the number of fowl which
may be kept on a given tract, it is within the Commission's scope
of authority to impose such a limit as a special condition. This
is an issue which the Commission may wish to address.
While the amount of information staff has been able to
gather regarding Emu's is admittedly rather limited, everything
learned so far indicates that the birds are not unduly dangerous.
They also appear to be hardy animals who, if properly cared for,
will not pose a health hazard for humans or other animals.
The conditions which staff would ask the Commission to
consider are as follows.
1.
A maximum of
property at one time.
Emu's shall be housed on this
2. No other type of livestock shall be housed on this
property without prior approval from the Planning &
Zoning Commission.
3. Facility shall comply with La Porte Ordinance #1358 and
its future revision or amendments.
.
SCU89-005/Report
Page 3
Conclusion:
This request meets Zoning Ordinance prerequisites and is
therefore eligible to be considered for a Special Conditional Use
Permit.
Options:
I. Recommend City Council approval of this request:
A. As submitted by applicant
B. With conditions recommended by staff
C. With additional conditions (or deletion of
conditions) as felt necessary by the Commission
II. Table request for further discussion at a future date
III. Recommend City Council denial of this request
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APPLICATION FOR CONDITIONAL USE PERMIT
The property is located between 10114 and 10130 North L
street. It is the West half of outlot 444.
This application is to raise emu's on that property.
Emu's are flightless birds about 5 feet tall, when fully
grown, native to Australia. Adult birds are maintained as
pairs to prevent inbreeding, a major cause of deformed legs.
Eggs are laid on the ground and collected to be incubated.
Two to three years are required for birds to mature.
Younger birds flock together. Multiple pens for the
younger birds keep the flocks toa manageable size. Large
enough to meet the birds needs and small enough to prevent
the larger birds from injuring the smaller ones. It also
insures the smaller birds will have an equal chance for feed.
Sketches showing facilities that would be constructed in
the near future and long range plans are attached.
Once the birds are a couple of months old they prefer
being outside. Shelters are planned for each pen - 8xlO for
adult pairs and 10x16 for younger birds - for use when they
choose and to have a place keep their feed dry.
The amount of space provided and the birds preference
for out of doors prevents odors from being a problem.
Noise is not a problem as the birds make a hissing sound
when frightened. It is audible within a few feet but is not
loud and raucous. Adult females make a drumming sound like a
low tom-tom that is audible only for a short distance.
Markets exist for emu meat, hide, feathers and fat.
Birds require about 18 months to reach marketable size.
Meat is a no cholesterol red meat that looks and tastes
like pot roast.
Hides are tanned and used for clothing and boots.
Feathers are used for decorations and feather dusters.
The fat is rendered for oil which is used in cosmetics.
None of the slaughtering, tanning or rendering will be
done here.
Please let me know if there are questions or if I can
prOVi~~i4~ation .
\';;ILLrAM~. DAVIS
RR012219 EXHIBIT 8
..
RECEIVED
t4UG 24 1989
CUVE ENFORCEMENT
Please find attached survey information describing the
land being considered for this permit.
It is my intention have a 6 ft chain link perimeter
fence. This would insure the birds stay in and deter people
who want to make mischief. Pen fences would be 5 ft
constructed of either chain link or "horse panels".
It is important to have a fence with small enough
openings so the emu cannot stick their head through or have
large openings with no sharp burrs or wire ends. Emus are
inquisitive birds and tend to stick their head and neck
through openings to investigate. Any sharp burrs or cut ends
on wire may cause a cut in their necks. Since the neck skin
is thin and soft the cuts are usually significant.
The plans I included with the site plan included an area
labeled Ponds. These ponds are existing at this time. I is my
intention the ponds will remain. As time permitted it would
be a spot to relax and enjoy.
~---of~
William S.Davis
EXHIBIT B
RR012219
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HARRIS
That we, James Edward Harris and wife, Frances J. Harris
of the COHnty of Harris
State of Texas
for and In consideration
"f the ~lIt11 of Ten and no/lOO ($10.00) Dollars and other valuable consideration to the
undersigned paid by the Grantees herein named, the receipt of which is hereby
acknowledged, and the further consideration that Grantees hereby assumes and promises
to pay, one-half (~) of, all principal and interest now remaining unpaid on that
one certain promissary note in the original principal sum of $45,000.00, dated I
March 4, 1977, executed .by James Edward Harris, et ux, Frances J. Harris and Aaron ,
Lavon Pettis, et ux, Barbara June Pettis, and payable to the order of J. A. Mills, ~
et ux, Fran~es L. Mills, and secured by a vendor's lien retained in Deed of even date
therewith filed for record in the Official Public Records of Real Property of Harris
County, Texas', on April 5, 1977, under File No. 604036 and recorded under Film. Code. I
No. 162-08-1341, and additionally secured by a De~d of Trust of given date therewitr
to Beck Smith, Trustee; and Grantees also assumes and promises to keep and perform
all covenants and obligations of Grantors named in same Deed of Trust.
I
have Granted, Sold :tn,l Conveyed. ane! by these prc,ents e!o Grilnt. Scll and Convey lInto the said
Aaron Lavon Pettis and wife, Barbara June Pettis
of the County of
Harris
all that certain
State of Texas
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BEGINNING", ". NOHbw." '0<"", of .aid 00"0' '44 in ". Soo" line of "L" "m<; I
l:i
tract of land out of the Enoch Brinson Survey in Harris County, Texas, and being the
West ~ of lot 444 of the LaPorte Outlots as recorded.in Volume 61, Page 374 of the
Deed Records of Harris County, Texas, and being more fully described by metes and
bounds as follows:
THENCE Southerly with the West Line of Outlot 444 a distance of 900' to the. Southwest
corner of Outlot 444;
THENCE East 242' along the South line of Outlot 444 to a point for
corner;
THENCE North 900' parallel to and 242' East' of the West line of Outlot 444 to a
point in the South line of "L" Street and the North line of Outlot 444;
t
TO HAvE AND TO HOLD the ahove described premises, together .with all alld sillg'lIlar the I
Aaron Lavan Pettis and wife,
heirs and assigns forever and we do hercby bind ourselves, our f1
p1
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heirs alld assi~ns. ar::ain,t ","('ry pet"'" whomsoever Ja\\'rn"y clailllinf;. or tn claim thc san'e. or any l1
part thereof. .-. ':1
WITNESS hand at ~.
dayal 19 ~
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THENCE West 242' to the PLACE OF BEGINNING.
,
rights and nppllrtcn:lllCeS thereto ill anywise belonging Ul1to the saicJ
Barbara June ~ettis, their
heirs. executors and .l,{hnjnj~tr;ttors, to \Vnrral1t anti "Forever Defend, all ilnd singular the said pref1lise~
Ilnto the said Aaron Lavon Pettis and wife, Barbara June Pettis, their
this
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STARTUP PLAN:
3 BREEDER PENS 20x120 FT
EACH PEN WITH 8x8 SHELTER
12x24 HATCHING & SUPPLY BLDG
TIME TABLE:
FACILITIES READY - OCT 89
BIRDS NOV 89
FIRST CHICKS MAR 91
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SCALE: 1"=100'
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LONG RANGE PLAN:
12 BREEDER PENS 20x120
8x8 SHELTER
PLAN FOR 12 2nd YEAR CHICK
PENS EACH ABOUT 40X120
ABOUT 10 CHICKS EACH PEN
PLAN FOR 10 1st YEAR CHICK
PENS EACH ABOUT 50X80
ABOUT 25 CHICKS TO EACH PEN
SHELTERS ABOUT 12x16 FOR EACH PEN.
HATCHING BUILDING & GARAGE 40x60
PRESERVE 80xBO AREA FOR FUTURE
HOMESITE
TIME TABLE:
BREEDER PENS COMPLETE
'94
'95
1st YR CHICK PENS
2nd YR CHICK PENS
'96
HATCH BLDG & GARAGE '96
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