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HomeMy WebLinkAbout07-19-07 Regular Meeting, Public Hearing and Workshop of the Planning and Zoning Commission Minutes of the Meeting PLANNING AND ZONING COMMISSION MINUTES OF JULY 19, 2007 Members Present: Pat Muston, Dottie Kaminski, Paul Berner, and Nick Barrera Members Absent: Doretta Finch, Kirby Linscomb, Jr., Claude Meharg, Hal Lawler (Alt 1), and Les Bird (Alt 2) City Staff Present: Planning Director, Wayne Sabo; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary Peggy Lee 1. CALL TO ORDER. Meeting called to order by Chairperson Muston at 6:00 p.m. 2. CONSIDER APPROVAL OF JUNE 21, 2007, MEETING MINUTES. Motion by Dottie Kaminski to approve the Minutes of June 21, 2007. Second by Paul Berner. The Motion carried. Ayes: Nays: Abstain: Kaminski, Berner, Barrera, Muston None None 3. CONSIDER REPLAT FOR GRY SUBDIVISION LOCATED ALONG UNDERWOOD ROAD AND SPENCER HIGHWAY. (Item was tabled at June 21,2007, meeting). Masood Malik, City Planner, presented staff's report. The requested replat consists of one block and six commercial lots along Underwood Road near Spencer Highway. A public hearing for the replat was held at the June 21, 2007, Planning & Zoning Commission meeting. The Commission tabled the item due to a lack of information shown on the plat. The revised submittal has been reviewed by Staff and includes all of the necessary information. Motion by Paul Berner to approve the Replat for GRY Subdivision, located at 2627 Underwood Road. Second by Dottie Kaminski. The Motion carried. Ayes: Kaminski, Berner, Barrera, Muston Nayes: None Abstain: None 4. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07-006 FOR 0.76 ACRE OF LAND BEING LOTS 1-8 AND TRS 25-32, BLOCK 122, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS, AS REQUESTED BY SALLY WILLIAMS OF CLEAR CREEK EQUIPMENT FOR A NEW FACILITY TO BE LOCATED AT 602 STATE HIGHWAY 146 SOUTH. HEAVY CONSTRUCTION EQUIPMENT RENTAL AND LEASING IS CLASSIFIED AS A CONDITIONAL USE PER CITY'S CODE OR ORDINANCES. Chairperson Muston opened the public hearing at 6:04 p.m. A. STAFF PRESENTATION Mr. Malik presented staffs report. Sally Williams, the applicant for Clear Creek Equipment, has requested a special conditional use permit to develop a heavy Planning and Zoning Commission Minutes July 19, 2007 Page 2 of 5 construction equipment rental and leasing facility at 602 State Highway 146 South. This development is located along a major thoroughfare and shall be required to comply with the exterior building design standards, recently approved by City Council. Staff recommended approval of the special conditional use permit, with conditions. B. PROPONENTS The applicant, Sally Williams, 322 N. Hwy. 146, addressed the Commission. Ms. Williams noted she had recently purchased a portion of the 11th St. right-of-way. C. OPPONENTS 5. CLOSE PUBLIC HEARING. There were no opponents. Chairperson Muston closed the public hearing at 6:15 p.m. 6. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07-006 FOR 0.76 ACRE OF LAND BEING LOTS 1-8 AND TRS 25-32, BLOCK 122, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY CLEAR CREEK EQUIPMENT FOR PROPOSED FACILITY AT 602 STATE HIGHWAY 146 SOUTH. Motion by Dottie Kaminski to recommend to City Council, approval of Special Conditional Use Permit #SCU07 -006 for development of a heavy construction equipment rental and leasing facility at 602 State Highway 146 South, with the following conditions: . SCUP#07 -006 is specifically limited to the proposed development of Clear Creek Equipment as described by SIC Code#7353. This property is subject to the City of La Porte "Exterior Building Design Standards' along major thoroughfare as 100% masonry and glass. A note with the list of proposed material shall be noted on the development site plan. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. All paving/parking material shall be either asphalt or concrete in accordance with the Public Improvement Criteria Manual (PICM) of the City of La Porte. Harris County Flood Control District (HCFCD) criteria for detention/drainage system and approval shall be applicable. Ensure that maximum lot coverage does not exceed 40%. Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany the site plan. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. In addition, at least 15% landscaping and screening must be provided along State Highway 146 and West 'E' Street to insure an attractive appearance if necessary. A fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106-797(2} of the Code of Ordinances. All new fencing and signage shall require a separate permit from the City's Inspection Division. The property must be platted. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. . . . . . . . . . . . . Planning and Zoning Commission Minutes July 19, 2007 Page 3 of5 Second by Nick Barrera. The Motion carried. Ayes: Kaminski, Berner, Barrera, Muston Nayes: None Abstain: None 7. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07-007 FOR 1.15 ACRES OF LAND BEING LOTS 1-16, BLOCK 101, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY BAYPORT PROPERTIES, INC., FOR DEVELOPMENT OF AN OFFICElWAREHOUSE FACILITY TO BE LOCATED IN THE 500 BLOCK OF NORTH 8TH STREET. WAREHOUSING IS CLASSIFIED AS A CONDITIONAL USE IN GENERAL COMMERCIAL ZONING DISTRICTS PER CITY'S CODE OF ORDINANCES. Chairperson Muston opened the public hearing at 6:17 p.m. A. STAFF PRESENTATION Mr. Malik presented staffs report. The applicant, Mr. John Bible, has requested a special conditional use permit to develop an office/warehouse facility, to include four warehouse buildings in the 500 block of North 8th Street. Given the proximity to nearby residential uses, a requirement for heavy landscaping/screening should be considered. Staff recommended approval of the special conditional use permit. No responses were received from the 13 public hearing notices mailed to property owners located within 200' of the subject tract. B. PROPONENTS John Bible, the applicant at 10 Fairway Oaks Court, The Woodlands addressed the Commission. Mr. Bible noted there are no existing sidewalks along 8th Street and the topography of the ditch would make it difficult to add them. The property is currently under one ownership and therefore would not need to be platted. The project is being designed with detention within the parking lot. C. OPPONENTS No opposition was presented. 8. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 6:30 p.m. 9. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07-007 FOR 1.15 ACRES OF LAND BEING LOTS 1-16, BLOCK 101, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY BAYPORT PROPERTIES, INC., FOR DEVELOPMENT OF AN OFFICElWAREHOUSE FACILITY TO BE LOCATED IN THE 500 BLOCK OF NORTH 8TH STREET. Motion by Nick Barrera to recommend to City Council, approval of Special Conditional Use Permit #SCU07 -007 for development of an officelwarehouse facility to be located in the 500 Block of North 8th Street, with the following conditions: Planning and Zoning Commission Minutes July 19, 2007 Page 4 of5 · SCUP#07-007 is specifically limited to the proposed development of 8th Street Business Park. · This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. · All paving/parking material shall be either asphalt or concrete in accordance with the Public Improvement Criteria Manual (PICM) of the City of La Porte. · Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas/residential properties and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Engineer. · North 8th Street is not a designated truck route. · Ensure that maximum lot coverage does not exceed 40%. · Ensure that landscape plan shall accompany the site plan showing screening and/or buffer between commercial uses and residential properties. · Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. · In addition, landscaping must be provided along North 8th Street to insure an attractive appearance of the facility. · Number of driveways shall be limited to two (2) along North 8th Street as shown on the sketch plan. · A fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106-797(2) of the Code of Ordinances. · All new fencing and signage shall require a separate permit from the City's Inspection Division. · Installation and maintenance of the sidewalks is the sole responsibility of the owner/developer. · If the property is subdivided, it shall be platted. · The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Second by Dottie Kaminski. The Motion carried. Ayes: Kaminski, Berner, Barrera, Muston Nayes: None Abstain: None 10. OPEN WORKSHOP TO REVIEW ORDINANCE PROVISIONS FOR DOMESTIC LIVESTOCK. Chairperson Muston opened the workshop at 6:35 p.m. Wayne Sabo, Planning Director, reported on Staffs research of the allowable number of animals per acre. City Council had requested Staff and the Planning & Zoning Commission review current ordinance provisions, which allow two grazing animals per acre of land. At question is if two animals are allowed per one acre, then could three animals be sustained on one and one-half acres, etc. After performing research on the subject and polling neighboring cities, Staff concluded that supplemental feeding and sufficient management are needed in La Porte. Staff recommended there not be a change to the ordinance. After discussion by the Commission, the unanimous consensus was to not make any changes to current ordinance provisions. The item will be brought before the Commission again for a formal vote. Planning and Zoning Commission Minutes July 19,2007 Page 5 of5 11. CLOSE WORKSHOP Chairperson Muston closed the workshop at 6:50 p.m. 12. ADMINISTRATIVE REPORTS Mr. Sabo updated the Commission on the following activities: · Based on building permit activity for the first quarter of this year, the value of added development is 35 million dollars. · Fairmont Parkway overpass nearing completion; widening of lanes on hold due to issue of grade separation. · Sens Rd.widening on hold until relocation of SBC cables is resolved. · Working with TXDoT on Wharton Weems overpass. · Port Crossing will be adding deceleration lanes. Mr. Saba answered Commission questions about ongoing activities. 13. COMMISSION COMMENTS There were none. 14. ADJOURN Motion to adjourn by Nick Barrera. Second by Paul Berner. The meeting adjourned at 7:00 p.m. Submitted by, ~~ Peggy Secretary, Planning & Zoning Commission day of ~O7. Interport Distribution Center Final Plat Exhibits A. Staff Report B. Area Map C. Plat Interport Distribution Center (Final Plat) Planning and Zoning Commission September 20, 2007 Item: Action Taken: REQUEST: Consider and take action on a request to approve a final plat for Interport Distribution Center. APPLICANT: Robert C. Un, P.E., RP.L.S. OWNER: FR/Callnterport, LLC. GENERAL LOCATION: South of Fairmont Parkway and U.P.RR along Bay Area Boulevard within Bayport Industrial District, ET J of La Porte. LEGAL DESCRIPTION: A subdivision of approx. 88 acres of land located in the George B. McKinstry League, Abstract No. 47, La Porte, Harris County, Texas. PROJECT SIZE: 87.908 acres (3,829,248 sq.ft.) EXISTING ZONING: "None" (outside the City limits, Bayport Industrial District - La Porte's ET J. ANALYSIS: The applicant proposes 3 reserves and 1 block along Bay Area Boulevard. Unrestricted Reserve 'A' has 34.149 acres (1,487,538 sq.ft.) and unrestricted reserve 'B' shows 42.133 acres or 1,835,295 sq.ft. Reserve 'C' comprises of 11.626 acres and is restricted for drainage/detention system. The proposed plat conforms to the current subdivision ordinance. UTI L1TI ES: Interport Distribution Center is under construction and is about 75 percent complete. All water lines and sanitary sewer are privately owned and operated at site. There will be no easements dedicated to the public. In addition, construction drawings have been approved by the City. TRAFFIC: Access to this distribution center is along Bay Area Boulevard, south of Fairmont Parkway. Roadways capacity should not be impacted by this development. IMPACT UPON EMERGENCY SERVICES: No adverse impact is expected to result from this proposed development. (Final Plat) Interport Distribution Center September 20, 2007 P&Z Meeting Page 1 of 2 RECOMMENDATION: Upon final review by the Plan Review Committee (PRC), staff recommends approval of the final plat. Plat review fee of $ 780.00 must be submitted to the City prior to the plat released for recordation. ATTACHMENTS: Copy of the Final Plat (Final Plat) Interport Distribution Center September 20, 2007 P&Z Meeting Page 2 of 2 ,.t ~ .~/..~.~t~-~' 0 ~~:n~nes ~:$ " - < ~ ".tiS: --- Drainage Channels 't"-;:~....:. --:-- fT.:I- .- ...., .-.;' _A....~ ..JIll!! RaiJlines --- .M1i; <''': - ~- ..,....:=:-:.~~~..._ ~ ... city Limlis -, _.,- ,...._, ;;'~-::f--'~ '~:....~~'~-_~.~...>"- \ _. Disdalmer Tne City of La Porte makes no represenratlon or warranty as co the accuracy Of this map ana its information nor to Irs fitness tor use. Any user or tnJS map proauct ac=eprs tne same AS 15. - iNlTH ALl. FAULTS, and assumes all responsibilfty for the use thereof. and further agrees to nor hold the City of La Porte liable from any damage. ioss. or liability ansmg from any use afthe map product. .,dependent verification of all information :;onrainec: on this map should be obtained by the ene user --'! T~"'.-=::-:'--- .. '. .r II ... -:w: ~:-"':r~ -'~I""'" . -.=:-: "~..:. ,f T..~ '= --- .. i I ;;-.~ ._ -- ..::.~....---- . i..- ~- ~ -,.. 1- !"j C:... .fIl.- ~';':,. -"~_~_ c:: ,~ .> -' '<I:: . =:;. t." . al,.-__ C ~ -1' ~~- - ~ ~fff l-~:~'~ A=; 1:--- ! L:::.=-- _-' ~L-~~_.~:.-:.~~: ~.~. - . ,-"~ .~'- -, .j.. - ." 'lIt;:.-:; ~.. ;;. =;'~;,.A,a-~ '~.~ ': '.--- -~ ~ - -, , ~ ;,r:..~ <~ :;;; City of La Porte 604 W Fairmant Parkway La Porte, TX 77571 (281) 471-5020 www/aportetx.gav I 1 I' : (, , Ii.: I' t. ,: 11 I' Ill: I.) .q 111 l ~-=-r fj =:::~ J, __ ~!'.- il~'~' I, .-... f' I' I Jjl . 'i. I '.J' 1-_ .fl )i 1\ , i ,il ,;J I) ~ -.. La Porte GIS Mapping 1 "equals 1,146 ' 9 Special Conditional Use Permit #SCU07-008 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Draft SCUP E. Site Plan Special Conditional Use Permit #SCU07-008 Planning and Zoning Commission September 20, 2007 Land Use Plan Activit Pro osed A Hcant Present Zonin Acreage Surrounding Zoning Summary: . Applicants are requesting a Special Conditional Use Permit for developing an event center at 10515 Spencer Highway. . The subject property is located at the southwest comer off Spencer Highway near Farrington Boulevard within the La Porte Municipal Airport. . Per Section 106-637 of the Code of Ordinances, a Special Conditional Use Permit is required for the proposed development to be located within a Planned Unit Development (PUD) zone. . The Council previously allowed the hanger building to be used as a restaurant a.k.a. Rixter's and later Runway Grill. Since then the building is vacant at site. . The applicants have been granted permission to utilize Tri-Star Aviation's parking for their proposed rental for parties (event center). . Parking lots in front of the building and adjacent to the Tri-Star are not stripped. Parking lot layout plan showing standard, handicapped space size, and maneuvering isle width, shall be required to determine adequate parking for the said project. . In addition, outdoor activities shall be restricted to parking areas only as this hanger is directly adjacent to the runway protection zone. . The overall impact on public services should be minimal. . The impact upon the public health, safety, and welfare ofthe City should be minimal. Recommendation: All applicable elements of the Comprehensive Plan were reviewed and incorporated into this development proposal. If the Commission wishes to consider approval of this Special Conditional Use Permit, staff suggests following conditions be added: . 1. This Special Conditional Use Permit is specifically limited for an event center at the above property. 2. Stripping of the parking lot shall be required and layout plan be submitted to the City to determine adequate parking. 3. Outdoor activities shall be restricted to the parking area and concrete pavement on the north side of the building. 4. No outside lights, balloons or play equipment shall be allowed. . 5. The gate adjacent to the hanger will be kept closed and locked at all times. 6. No vehicles shall be allowed inside the fenced area except for activities associated with the aviation activities. 7. Any new signage requires a separate sign permit from the City. 8. The roofed-over structures on the property shall not accumulatively exceed the current lot coverage or maximum (40%). 9. Height of the building shall remain the same. 10. Exterior building design standards, if proposed, shall be approved by the City. 11. Landscaping shall be maintained by the applicants/tenants of the property. 12. Lease agreement, duly approved by the City Attorney, shall be filed with the City. A certificate of occupancy shall be required. 13. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Special Conditional Use Permit #SCU07-008 Planning and Zoning Commission September 20, 2007 Actions required by the Commission: . Recommend to Council approval ofthis SCUP with conditions. . Recommend to Council denial of this SCUP. . Recommend tabling this SCUP for further review. rrj k ., .~ I .1 1"- . "'-, t'L~.j..'" -0 ---en 1J m ~.~ ~ 1 ~~ .'ft. Ji;'" ,~;.~;,it , ~ --. ~ I ._. ...a Staff Report September 20, 2007 Request: Requested Bv: Requested For: Present Zonin!!: Requested Use: Back2round: Analvsis: The Event Landing Special Conditional Use Permit #07-008 Special Conditional Use Permit Request #07-008 Debbie Styron and Deanna Berry Approximately 0.8272 acre (36,032 sq. ft.) tract in the W. J. Payne Subdivision, W. M. Jones Survey, Abstract No.482, La Porte, Harris County, Texas. The property is located at 10515 Spencer Highway. Planned Unit Development (PUD) Applicants are seeking a Special Conditional Use Permit (SCUP) for the purpose of developing a multi-purpose hall for special events at 10515 Spencer Highway. Per Section 106-637 of the Code of Ordinances, a Special Conditional Use Permit is required for the proposed development to be located within a Planned Unit Development (PUD) zone. Applicants are working towards developing or converting a hanger building (formerly Rixter's restaurant) at the airport property along Spencer Highway. The event center will be used to provide multicultural enrichment to the community, provide a welcoming, accessible facility for residents and visitors, and promote events and conventions for the benefit of the area economy. To address parking, the applicants have been granted permission from Tri-Star Aviation, a tenant of the La Porte Municipal Airport, to utilize their parking for the event center. Zoning Ordinance Section 106-217 establishes the following review criteria and conditions for approval of Special Conditional Use Permits: · That the specific use will be compatible with and not injurious to the use and enjoyment of the other property, nor significantly diminish or impair property values within the immediate vicinity. · That the conditions placed on such use, as specified in each district, have been met by the applicant. · That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to protect the public interest and welfare of the community. The Event Landing SCU07-008 Page 2 on ,- Conclusion: The subject property is in the vicinity of residential subdivisions and commercial retail developments along Spencer Highway. The proposed use should have minimal impact on the surrounding properties. The transportation system should adequately accommodate through traffic and continue to provide for free flow of people, goods and services. There will be no new driveway added to this facility. The traffic flow within and between neighborhoods and throughout the community should not be affected by the proposed development. Existing roads are adequate to support the said project. Staff has reviewed existing facilities and services for each of the components of the utility system for the proposed development. Existing water is adequate for potable and fire protection needs. Sanitary sewer is readily available to the property. As a developed property, storm drainage sheet flows to the existing storm sewer system along Spencer Highway. If approved, the building and parking lot should comply with all applicable zoning regulations. Stripping of the parking lot shall be required. The City's design standard per Section 106-835 of the Code of Ordinances shall be applicable for standard and accessible parking space size, and maneuvering aisle width. The location of handicap parking spaces should be appropriate. Access from the adjoining parking lot to the building seems to be reasonable. In addition, staff will ensure that there will be no outside lighting in the parking lot, to avoid any conflict with the airport operations. In addition, landscaping of the property shall be required in accordance with Section 106-444(a) of the Code of Ordinances. Landscaping shall be maintained by the applicants. The building (leased from the Tri-Star Aviation) shall require a certificate of occupancy, as regulated by Section 106-142 of the Code of Ordinances. Staff recommends the approval of SCU#07-008 with the following conditions in place: · This Special Conditional Use Permit is specifically limited for an event center at the above property. · Stripping of the parking lot shall be required and layout plan be submitted to the City to determine adequate parking. · Outdoor activities shall be restricted to the parking area and concrete pavement on the north side of the building. · No outside lights, balloons or play equipment shall be allowed. · The gate adjacent to the hanger will be kept closed and locked at all times. · No vehicles shall be allowed inside the fenced area except for activities associated with the aviation activities. · Any new signage requires a separate sign permit from the City. The Event Landing SCU07-008 Page 3 of3 · The roofed-over structures on the property shall not accumulatively exceed the current lot coverage or maximum (40%). · Height of the building shall remain the same. · Exterior building design standards, if proposed, shall be approved by the City. · Landscaping shall be maintained by the applicants/tenants. · Lease agreement, duly approved by the City Attorney, shall be filed with the City. A certificate of occupancy shall be required. · The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Options available to the Commission: · Recommend to Council approval of this SCUP with additional conditions. · Recommend to Council denial of this SCUP. · Table the item for further consideration by the Commission. City of La Porte Special Conditional Use Permit # SCU 07-008 This permit is issued to: Debbie Styron and Deanna Berry Owner or Agent 1214 Wynfield Dr.. Deer Park TX 77536 Address For Development of: The Event Landino ( an event center) Development Name 10515 Spencer Hiqhway. La Porte. TX 77571 Address Legal Description: Pt. TR . 0.8272 acre in the W.J.Payne Subdivision. W. M. Jones Survey. Abstract No. 482.La Porte. Harris County. Texas. Zoning: Planned Unit Development (PUD) Use: Multi-purpose Hall Permit Conditions: 1. This Special Conditional Use Permit is specifically limited for an event center at the above property. 2. Stripping of the parking lot shall be required and layout plan be submitted to the City to determine adequate parking. 3. Outdoor activities shall be restricted to the parking area and concrete pavement on the north side of the building. 4. No outside lights, balloons or play equipment shall be allowed. 5. The gate adjacent to the hanger will be kept closed and locked at all times. 6. No vehicles shall be allowed inside the fenced area except for activities associated with the aviation activities. 7. Any new signage requires a separate sign permit from the City. 8. The roofed-over structures on the property shall not accumulatively exceed the current lot coverage or maximum (40%). 9. Height of the building shall remain the same. 10. Exterior building design standards, if proposed, shall be approved by the City. 11. Landscaping shall be maintained by the applicants/tenants of the property. 12. Lease agreement, duly approved by the City Attorney, shall be filed with the City. A certificate of occupancy shall be required. 13. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to occupy the building within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary Morada by the Bay Replat Exhibits A. Staff Report B. Area Map C. Replat Staff Report September 20, 2007 Morada by the Bay Replat ReQuested Bv: ReQuested For: Location: Present Zonin2: Land Use Map: Back2round: Analvsis: 200 Garfield, LLC. Joe & Mario Navarro, property owners A 1.8280 acres ofland, being lots 1-6, 11-16 and the adjoining 16' public alley between the said lots in Block 18, Sylvan Beach First Subdivision, recorded in Volume 3, Page 72, Map Records of Harris County, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. 200 Garfield Blvd. High Density Residential (R-3) Mid to High Density Residential Applicants are platting 1.8280 acres of land into 1 Block, 4 common reserves, and 16 town homes (single lot configuration) in the City of La Porte. The project site was known as the Flamingo Bay Apartments. The multi- family apartment complex located at 200 Garfield off South Broadway, was constructed in the mid-60s. Over the years, these apartments have been operated under the names of Kings Bay, Queens Bay, Flamingo Bay, and most recently Little Cedar Bayou Manor. This apartment complex was occupied until July, 1997. The applicant has submitted this replat showing one block, four common reserves, and 16 lots. Lots are 28' wide and 120' deep. Proposed development will have 25' wide shared driveway (ingress/egress easement) to serve these lots and common reserves. Common reserves will be used for open spaces/landscaping and parking purposes. Building lines and utility easement are shown on the plat to confirm compliance with the ordinance. Per Section 106-333 Table B of the Code of Ordinances, the minimum lot area is 2000 sq. ft. with a minimum lot width of 20 linear feet. Density equals ten (10 DU/A) dwelling unit per acre. The required front yard setback 25' and the side yard setback 20' are shown on the plat. Under the terms of Section 4.07 of Development Ordinance1444, a replat of all or a portion of a subdivision may be released for recordation and deemed valid and controlling when the following conditions have been satisfied: · The plat has been signed and acknowledged by only the owners of the particular property, which is being replatted or resubdivided. This requirement has not been satisfied yet. Once the plat will be approved signatures will be obtained accordingly. Replat for Morada by the Bay 9/20/07 - P & Z Meeting Page 2 of3 · The replat does not attempt to alter, amend, or remove any subdivision covenants or restrictions. No subdivision covenants or restrictions have been filed by the applicants. · There is compliance with Sections 212.014 and 212.015 of the V.T.C.A. Local Government Codes. These are the sections of State Law dealing with platting and replatting. These provisions have been satisfied. · The replat has been approved by the Commission after being prepared and filed as though it were an original plat as specified in Section 4.04 of the Development Ordinance. Staff fmds the replat graphics meets applicable ordinance requirements. · All expenses incurred by the City or the subdivider in the replat process shall be borne by the subdivider, including the cost for notice of public hearing. This requirement has been partially satisfied. Land Use: Review of the City's Land Use Plan indicates this area is envisioned as developing for mid to high density residential use. The zoning and use of the nearby properties is also residential in nature. The current land use and development pattern conforms to the proposed use. The proposed project shall be primarily for residential use as permitted per Section 106-331, Table A & B, Code of Ordinances. Setback: The setbacks proposed for the subdivision including reserve are 25' to the front along Garfield and Forrest Avenue and 20 ft. to the side abutting public right-of-way (Oregon Avenue). The City's Zoning Ordinance stipulates minimum setbacks for multi-family residential as Front - 25', Rear - 20', and Sides - 20' Access Management & Layout: The property is within a walking distance to South Broadway (Old Highway 146), an access highway with 100' right-of-way. Staff and the developer worked in restricting the driveway access for proposed development including common reserves along Forest Avenue. All the other streets around this subdivision are classified as collector street with a 80/32 designation (right-of-way/pavement width). Utilities: Public facilities and services are sufficient to handle the supply of potable water and fire protection in the area. Provisions should be made to ensure that all on-site infrastructure or improvements can accommodate the water and sanitary sewer needs of this development. Replat for Morada by the Bay 9/20/07 - P & Z Meeting Page 3 of3 Sidewalks - Section 5.02 of the Development Ordinance addresses the need for sidewalks, where required by the Comprehensive Plan or by the Commission. For recent developments in this area, the Commission chose to require sidewalks. In keeping with this standard, staff recommends a sidewalk requirement for this subdivision. Fencing - The applicants propose to install 8' high fence around the subdivision for security purposes. Safety is cited as a primary issue for erecting high fence. The current ordinance allows 6 feet high fence in residential districts. The ordinance states that fences erected along property line in common with residential properties shall be subject to the provisions described in residential district fences requirement. In viewing the specific grounds for granting a fence permit, the applicant's variance request was approved by the City Zoning Board of Adjustment for an additional 2' in height. Landscaping - There is little to no landscaping presently at the facility. Current City standards would require minimum 6% of the site to be landscaped with trees, shrubbery, and groundcover. In addition, landscaping should be maintained in a healthy state by the owner/developer. Conclusion and Recommendation: Staff reviewed the plat and found numerous items need to be addressed. A letter of staff comments sent to the applicant on August 9, 2007, to correct and resubmit the plat. A copy of this letter is attached for your convenience. Staff has received the revised plat and if the Commission wishes to approve the plat, staff recommends the following items must be addressed: · Submit utility schematic for the subdivision. Show the nearest fire hydrant and include utilities routing. · Flood Plain Development Permit shall be applicable. Indicate RF.E. and furnish an elevation certificate prior to building permit issuance. · A copy of the subdivision covenants and restrictions shall be submitted to the City for the City Attorney's approval. · Landscaping will be provided at site as per City's requirement. · Sidewalks installation will be the sole responsibility of the owner/developer. · Payment of $12,928.00 must be paid to the City in lieu of parkland dedication. Options available to the Commission are as follows: · Approval of the replat, as filed. This will authorize the developer to proceed with the proposed development. · Conditional approval of the plat as filed. This will require the developer to address the conditions and resubmit the plat before recordation. · Disapproval of the replat as filed. This will require the developer to file a new replat. I ~ -. i.,fI !! .If .-0 (~ to- rn ~ ~ o < o ll:: III rn J Legend -V Property Lines --- Drainage Channels Raillines I{; City Limits DISclaimer: The City of La Porte makes no representation or wananty as to the accuracy of thiS map and ItS mformation norro ItS fitness for use. Any useroftms map proouct accepts the same AS IS WITH ALL FAULTS. and assumes atl responsibility for the use thereo~ and fwther agrees to not Ircid the City of La Porte iiable from any damage. loss. or liability arising from any use of the map product. independent verification of all mformation contamed on thiS map should be obtained by the end user City of La Porte 604 W Fairmont Parkway La Porte, TX 77571 (281) 471-5020 wwwlaportetx.gov La Porte GIS Mapping 1 "equals 102 I 9 ,-, s..~ a' T~ County or H~IlI.T.ls We, 2::JC Cnrfjcld. U.C, \I L;mited L:ot;Jity Cc.;:;"rotic,-. -:l::tir,,~ hy 0.'0 th"o~\;h !.hJrio '" No~'crro. I.le,.,cers of 20Q G:)rfie!d, u.:::. ::r.1;l ;oe ,.. No.'o,-o, .....e,..,n~r of 200 G<3,I"f,<eld llC, neC"':l.noile, (l:!fe<,e= t;:, os C"'~ers of tile 1.82eO i1;:;'~ lr....c.~ <111sr.r;~i:C :" tre o:::ove ;")0>1 ~O::~~i;'~~~~;;PI~~t );r:?d ~r~~(l~Y~c:~r:;;';bL ':ii<l~Ii~"c~~ d~~~j~~~~:;;dr:~t~~~~~~~ ~~~ ~~;~<;~:;::~~.l~~~/~rw;~.Q~t~; :~~~s:.d d~~r;;y a~;~;;~~ t~s-~,,~~~ ;;o~== :~:~~ :~;::;. f~: the _~~rCo"~<lS 00" ~cn$i.J~rct'or:~ t~.e.e;fl e~prc~,"-d; end :J" h::r"l:y b;~d 1lI.~~:'.e3. CUI" !'IcOn, :!i"":cess,,rs c..,d c!lsisn~ tOo w<I"on.1 fo'ever defo,,~ the t:t'e to :~It iQnd 30 de::iC'ct...d. r"J::>:T4<'::R, O...ners l'1.:...e doo;coted C11~ t;y l/je~~ :)'!!!:I!"tJ:l do decl;cote to the u:!:c of th~ P'JI::;,,: icr Ihlll ic utility ~urp<);o'<!S loro""'r v"o~g~r:'l::tec:l cer,,;:1 ec:serre:"lt live (5) feet :n ";o:1tr. IroiT' C p!Q.":1l t....r.n!y (20) foet coo\<e t~e ;...:!u~~ lovol upward, located odjCl:-=r,t to ..::11 .::>.,...,...,.", ",se. DL.bh; ...t;:it)' easemenh 3;'(1.>10 hereon. flJR'l'iT<. o-..ners co ~ereb:l J~cla<1 !~ct aj; parcels 01 I..1rd d~ei;"cted os bts an :h;, :::l~ <:te otiqL.,flll,. htC::-d<!d ~o.r 11'le :::OI1&l~ct:o.., of :o.,,,!'u::mell !t:~r","1' ~r:c sl'l<Jl! 011 '''stre\'''d F~ G<J""'S L.nd(lr the ttrms 0'-'.:1 ;;;o..tiilionK ;jf ~<Jr:h r<!strict:o"~ fllCC' ~a~'Jrotlliy. f\J~E.~, Cwne~ ""roU1 certify tll0: thilO rl:lpl(lt dces rl01 1l~lem;:lt to altar. amen\!, Or re'!lOve- <J<';f ~vveno....t,s \It r",lric\ion:;: m~. f!Joh::r ec.'tjf;, thct TIC iJorib~ of tl'/~ "ropOSIld oroo to he r..:p1otled :" ".,.;t::d b)' deed re:;lricl;,~.,:; to rcS'.:l,~.~:i<1! Wi'" tor not r'elure the" 1....<.1 (2) te!ii<1~"t:ot un;t~ ~or Jot IN iE$ilMONY WKE~EO:;", 200 C'..arlietrl, ILC hO$ c(lusad tnelle "',,,sents 10 ba sqn~d ll~' ~ori" A. Nc~arro.. fJembar, th~'e\.:r:to Ol.t~~ri::ed, c:lte:::led by its \t/l:mber. .Joe A. Nc:vo/To, tnis ... Q;:!Y cf ___, ~'JC" 100 G0r1'2Id, LlC.. 0 L;m;fed Lio:,imy COfparaliefl Sy'...._______,_________ ey._____ t.!cr.c A. Nc::yorro, "ember Jce A.. NO"(ZFl), ~lef!lber Stfltlt of Toaas County of Hnl"'rta ij~.OG!.E !>IE, !~ lmdllt"$igot<! Q\ltl'lority, on Ih;!! do)' ~eNlOl'lolly OJ'lpecred ,,",orie A Nl.WCml, oncj .100 A tlovo(() os tJember af 200 Gorl:el.:l, ll.c, Mown to me to t:e tf1e Person:! 'oIl'hou !'lOrn>!.s Of'\! subscdbed 10 the fol'tlgoloq instrvmel'\t onCl oCIo;~cwledgmellt to rile that the)' e~ltcuUl(J the some lor the pUrpO!ie9 and C0l13;001'0Iio"'9 Ih(t~in c.xpre3sod olld in the c;:;:pocity thCl'llin and hereil"l stilted, ol1d os tne o<:t end d"'ed of sold CQrporQ'tio"1. GIVEN UNDER tJ). HAND AND SDt. OF OrFlCE. th;s ___~_ dol' cl _____. 2C<l7. Nl)tO'Y ~T;;;V:;;-s1~Te-~f 'f~;';;'-"-- 5to1l' of Te.es CcUMr qf HsM'b. ,- I. F''lld W. Lowto". ~i'Jt~roe I.r.lecr the la...-~ <jf Ihl! St~t~ 'If r"w~ 10 :l'llct'ce the prof(::!lsien o' tc~<:I !u".e;ti'~C;. do her"'~\1 co::rriifj that tl';lI ;;>l,,~ <lcc<l'::.t~')' 'ep"e:r,~r:~1; the "(l$v!t!i cf II ':5l.:tV"Cf Y<'rioOrmed undl!~ my ~uj)~""';5i..,n Il":! tr'll ::I" 1:>-01.."':0,..,. comers. ."in'l;e pc;,1t'~ lJrnJ p~intll of c~ !'\-Ove l:lee:n, .::sr will l:rt!, mOr!.;l}d ",,:tn t;~e-.Jj9r.ts inch ::rOIl roJ:: <101 lei!l$ thon t.i'li,ty .(JO) iflch-a il'l 1"'ll9tk llnd lhul lhi~ ~l<rl c':lmpiill'$ ....it.. Ih'!! 't.:q"ireml!"~S 0$ !i~e'dro.eO" jn t~ C.ly "f L.a Perte l)avsl"'p...,er:1 O.;li"ol1(;o. .$'~:- t:: ,",....r~~ fn;dw. ~a.~to~~~--------.- l.~~~~~~~~~~~~:-~\ T(1'XQS Rllg::urat)c~ Nt: 2J.!.1 {{.: FRED W. W\WfOt:l '& \';'::~;'232j'~~:'~j ;~+D.:~~,t\\~~7 '~~~d.;~ Stat. of Te.,lUS County of H...rM~ ;=~..s.i$ ~~~ :~~~~~~~~i;h:I;~;~.:~~;~~!>,~~1l cf~;~~~c;O~r-;~S:i~~y ain t~:r.,~i%'o~e~i~C7;,; 1<J~'s of lhl St<l;o cl rl'l~-::S cnrj the (:.'<1;,,<lI'>(.{; rot It'll- (:i.y of l<J M,rtP- 'lNJ Oulhnrfled the '''CO'.;:;''9 <)1 this pl~t li,i:. ____ __ .j.J~ ~i _______, 2007. ,;f!l::::,., s,__________ ')i"~<:';.o~. Pl(l......'''!1] DI!Mr'tment 5;r -l~' ;;~rl.~~'cilY-f.~S;~-;~-;'~--- A~S-:'": at: "__.._.,. _,,___ "".. .n__, ____ _., ._ Choitm(l;'l, !..!.J F<Jrte fllo""i"9 ~r.c .zonir:9 C.;:mmls...iof1 s~ ~.. .____._.._....._ ScC~I:::"t, La ?;::;"te Fton",nq c.,c Z;J(.,,,"l C'IT"r_.s,s.:.r ~i~f.~~j;~I~;~~;~~€I~~1:~1~~~~~~~~~~z~~~~~~~~! ;;-~'";:;-l-' O-p -5 -----.-- ,I@~~\ :"" 0, . ow on, n, L , <<Fl1EO W. LAWTON!' ,...~O~ P",gl..tn.t-o,' No.. 2321 \" ..;...............;..: ,'~..~ 2321 >::", ~~~;,,"~.'';;;~;, \Q{~~<c:;)J ~.~eEi(l:~ro ~~si~~:;t'wi~~r~3 O~n~~i::~~:n;:; ~~~~~n~:~;;:~i\~~~;;i~a i~r I>~;~rr:l~~~;ft.. l~; orT;a~ I)n __~.____. 2007. ot ______~__ o'cl<'>t:k __.M., ond cuty '&C'7"ll~d 0.... ____. :!ee;', at ______ <)';,;Iu<:"= __.J.t.. t:'1d et f:'m CQce No. ____ 0; the I~<lp ~t::cnr(l,' "f H'llri~ Co\."ly ft), !Ioi~ c"<.Idy Witntl~!;' my t>on:: cnol .\:eul of offi<:e. a'. H""slon. tl1v d\lY <;:nlJ Wltl :cd obo'Ve ...'illen a.;;;;.;-~,,-;-.;;,------ Cler'il 01 the COl.:..,t~ Ceurt of ';O<f:~ Co:..nt).. r,,~c, 3}', _~~______________ :u:!pU,'1 Sl.,o;to 0-1 T.w<sa County 01 Ha.....;'" ~~:~f::~:~~~~~~~:'~;~~~::!~.~:~~~":;~~~~~:~~~E~i~~~~;t}~~;.:~~.~ ;~~~eD;~~;;-,~e:;"';;. =".11' nc- !;UC, cr-q;"~l -'.~'~:,j -(;(: Of ""Jt it' ~"c :>~-1"f"c"e"; rec:-:-rd3 ci Oi;:-t!~:.P;;;.~::~i -D~~o',~.ne": C',."e; or ,,~~;;r-;:;c-.\S:;i it' II fA} fil~ Il:;i1 it' II ~ .~ 0iIlj, 3., ~ ~ S51~':' '. -J _ ~ g CVt~(..-.~_. , Ct';'~~.,...,>: . to .?so '-.-.:: -(;of.StJ,.?~ ,-- ':. ~ ~ ,00. " '<0, "''''. M g ", qUI'fr' :titJl " '-< "J ~ -'.~J '._ o . I) :;'\~'rt... """ " " """" ,. ;-,,,,,,,':'-'-' ",," .. "--: ,: :' .', ~. '-<:,'"'' ..' -:" : :'-',..: -",:'; '. NOTEl '_ _ ' _" _' ''::'>_''/'_''"'__-:''::'''_ :,:__:,.' _',.'<,:'.:/ ) Property is in the_' 100 year Flood Zo'mt;, i.t .;$ io Zone ~AE~ 'occord.ing io, f.l.R.M. Mcp No. 48201C 0915. ,t, doted' J_l,,;,ne, :18, ,2~07, _by -graphic: plottin9 Cl'1ty, '.'10 co _ not (:S'Hume re-spon.sibilt>, for: exo~t-, de_terc:'ifl:(;~_t;~n. iii. J oj Prooerty Zoned' -R-J (High _ De~SllY. ~~id~n.t~Q:;~) .. , t ~;~~i;~~~~d:~i:~ . ..' A EGIHNING of 0- point on. the- n_ortheO't,:.right-:of"" W' j1o~~~~~ _~r~;t._~~~~a.~:~~~:~;~~~l~C~'- fa lCl.d...ciy, beers NQI"th, ~6"55' 4:r Wa~t~ _ ~:_ di~,tQrfC$:'_':~i ~:~'8_:'?2;:.,:~ett~ ~::,.~<:_ :" ,'_::::,;:",,:_: ::- ':,._ _, _ '.:' ~ < ". .;ENC~ Nortn, 2:rd'(13~ ,t'llst.-'lettYing,:~1t t\O':theo.... ~.,Ii,n,o:,af,_.\J1,4-_Gp,rfl~: ",!- . otilrlV"rd, 0 distgJ1ce 9_',266.00 feet, tc! tn. 9"outh ay -J"III, -of .rOAat. """"U.. :,_ . 1 80 lool wiCo, pUl;IIic, ,ro::Jrhoa)l,_ fur 'lhe :'",or.ti.ost ..7,: .81_a_~k ..18,_ 'sold Sf.'vo,.,.... :~:~~;:,:b:r.::~. .:.,~:~:"::~::.::.;oo,;;~ ";'~'~:;f;2~ :,.C \."h~:.. )Iflt at C\;~voture Q1_ (I c;rculor_,_cur~ ,to. right, wl'!~. ,ro~_us poq"t !1ri0,"'_ ~(IlJth -2J"04'Q,"-', efl, '0 diSt-o"'cc ot 20.00 reel ond hi.Mng Q ~(\lrol_a"l)!e:of 9(]'OO'OO:-.- o-;rcdiun:rl: ~O.~ ,,;.,:' ,; ,el. 0 wn9"f't leJl5J~h 01 2;)._~, ~,n_~:__(l",_O~,C, t~~t.h:._~': :{'.'.42; ,:' ":. . ;".:__:: ",' "_'" .','. -'>::':;-' . iE~~, elel'lg '0111 ci~...JC1r, C:llt\'il' I~' the l'i9..t.'on _QI'c::Ie.,gth' of ,Jt,-4::Lf..1 to, the, ~.nt. ~f' Ir:gonc:y; , ~"', i~tlCE.. Sct.>ih: 2J'04'1-~"" W~t; olOr.g the "oithwe:it' lot wid. public roQd~i, 0: ~J.tOl\CC o~ _ 226.00_ f~ Jr.e to ,.;~tJl, ...hose rqdivs_ ~ll!t be~" North ,_6~5.s l~n9 0 c'r1t!cl 01'19'e of 90'00'00., 0_ rodillS of 2_ ~ 00'(; leruJth Qf 31.4-2; - ,. . '.,-''': ;"-':.', " -' ,': ti~';~j ~W;!i~:';,,~~~~ :{{iD ' ~flt,:O( c_9:ryil1w:- ,of '~'51.fct.>IQr. 0.- di,.it.c:ncit ',0;-",,20,90__ f~t:. Clnd_._' ~GrJ9ent: le;ftgtM 'of '20.~~ .ond ,-' . --. ,~-. MORADABy.t...E:'13AV ........ ......... K, 4 COMMON RESERVE$;113T()WNHOMES/LoT~ ISION OF 1.8280 ACRES C79,629 sq.fT) OF lAND REPLAT OF LOTS 1-6, 11-16, AND THE ADJOINING ALLEY BETWEEN SAID LOTS, IN BLOCK18,.OF EACH FIRST SUBDIVISION, RECORDED IN VOLUME 3, , OF THE MAP RECORDS OF HARRIS COUNTY, .OR REPLAT: TO CREATE SIXTEEN TOWNHOMES/LOTS ~ COMMON RESERVES. AUGUST 2007 SOUTH TEX4S SURVEYING ASSOCIATES, INC. 11281 Richmond .4v~. Bldg J.SuUe tOt HoUston. TexCUl '77082 (281) 556-6918 FAX (281)556-:9331 :locr Soull'_ r.......~~"9 ,,",0<::'<11<1:1. "'e. 1(:\CCLtRES 2005'\PU.rs\1.c.7Q:"07\DWC\t470-(l7P.DWC (CIS) Zoning Ordinance Amendment Domestic Livestock Exhibits - A. Staff Report B. Section 106-742, Code of Ordinances Staff Report September 20, 2007 Domestic Livestock Backe:round: City Council has directed the staff and the Planning and Zoning Commission to consider the land ratio with the number of animals allowed per acre in La Porte. The purpose is to justify the provisions of the current ordinance and clarification. Currently two grazing animals are allowed per acre and an owner must have two acres. The question becomes should the City allow 'is acre increments to allow 3 or 4. Staff analyzed the situation, researched, and checked with the neighboring cities and presented this item to the Planning and Zoning Commission at their July 19, 2007, meeting, for discussion and further guidance to Staff for possible changes to the Code of Ordinances relating to the keeping of domestic livestock in La Porte. Existine: Reauirements: Current ordinance (Section 106-742) allows two grazing animals (cows, horses, hogs, sheep, goats etc.) per acre. Analvsis: Staff s research shows that neighboring cities ordinances contain provisions which regulate livestock operations in agricultural and conservation zones, and prohibit the keeping of livestock in residential zones. Some cities have different requirements for different types of animals. Keeping of the horses is undoubtedly the predominant domestic livestock use in La Porte. In a rural/large lot residential zoning district, single-family dwellings are the most predominant use. Research shows that two animals per acre is general rule and does not account for the type of grazing animal. The following concerns must be considered with respect to the keeping of livestock: · Animal waste management, storage, usage, and disposal · Health risks · Animal escaping and running at large · Treatment and housing of animals · Erosion and sedimentation control . Vehicular access . Noise · Odors . Water pollution · Lighting and fencing Planning & Zoning Commission September 20, 2007 Page 2 of2 SU2:2ested ReQuirements: Since 1-2 acres is generally needed per animal; ~ acre should not yield 1 animal and 1 acre should not yield 2 animals. Staff, at this point, suggests the same requirements as currently presented in the Zoning Ordinance regarding domestic livestock remain intact. Conclusion & Recommendation: Upon the conclusion of the workshop held on July 19,2007, the Commission reached a consensus that the current rule remains intact. The stated reasons are as follows: · There have not been many requests for variances or special exceptions to the rule and P&Z felt the action to amend/change the rule was premature. · As per research, the current ratio is rather generous and the Planning and Zoning Commission opted to continue with the current ratio for keeping of livestock in La Porte. Staff recommends animal use requirements as currently presented in the Zoning Ordinance regarding domestic livestock allowable numbers remain intact. Actions available to the Commission are as follows: · Recommend to Council, approval of the above requirement pertaining to the domestic livestock. · Recommend to Council, approval of a revised version of the above stated. · Recommend to Council, denial of the suggested requirement. · Table this item for further consideration by the Commission. ZONING ~ 106-744 (h) Reserved. (i) No accessory uses or equipment except for air conditioning structures or condensers may be located in a required side yard except for side yards abutting streets where equipment is fully screened from view. (j) Large lot district. Refer to section 106-416, special regulations. (Ord. No. 1501-T4, ~ 6(Exh. F), 10-24-05; Ord. No. 1501-B-5, ~ 6(Exh. F), 5-8-06) Sec. 106-742. Domestic livestock. (a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of 43,560 square feet, provided that all domestic livestock as defined above be restrained no closer than 25 feet from property that is not devoted to the keeping of domestic livestock, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: (1) Two cows per acre. (2) Two horses per acre. (3) Two hogs per acre. (4) Two sheep or goats per acre. (b) In any event, the total for the above referenced grazing animals (Le. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 106-331, Table A. Sec. 106-743. Breeding kennels (dogs and cats only). Breeding kennels for dogs and cats only, are a permitted accessory use on lots in excess of 43,560 square feet, provided that all of such kennels are licensed according to section 14-81 et seq., and any amendments or additions thereto. Provided further that all animals must be boarded in enclosures located no closer than 100 feet from any property line. The requirements of section 34-126 et seq., and any amendments or additions thereto shall apply in any event. Sec. 106-744. Bed and breakfast. (a) A bed and breakfast shall be operated by resident homeowners. (b) A bed and breakfast shall conform to the requirements of section 106-334. (c) Parking shall be provided in accordance with the requirements of section 106-839. Supp. No. 14 CD106:83