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HomeMy WebLinkAbout07-16-09 Regular Meeting and Public Hearings of the La Porte Planning and Zoning Commission minutes Planning and Zoning Commission Minutes of July 16, 2009 Members Present: Hal Lawler, Paul Berner, Dottie Kaminski, Les Bird, Richard Warren, Doretta Finch, Kirby Linscomb Jr., and David Janda (Alt 1). Members Absent: Lou Ann Martin (Alt 2). City Staff Present: Tim Tietjens, Planning Director; City Planner, Masood Malik; and Planning Assistant, Shannon Green. Others Present: 1. Call to Order. Meeting called to order by Chairman Hal Lawler at 6:08 p.m. 2. Consider Approval of the June 24, 2009, regular meeting minutes. Motion by Dottie Kaminski to approve the regular meeting minutes of June 24, 2009. Second by Doretta Finch. The Motion carried. Ayes: Hal Lawler, Paul Berner, Dottie Kaminski, Les Bird, Richard Warren, Doretta Finch, Kirby Linscomb Jr. None None Nays: Abstain: Tim Tietjens, Planning Director, welcomed new Commission Member Richard Warren to the Planning and Zoning Commission. Mr. Warren replaced Commission member Nick Barrera. Mr. Tietjens will be sending a letter of appreciation to Nick Barrera for his time on the Planning and Zoning Commission. 3. Open public hearing to receive citizen input on a proposed amendment to Chapter 106 of the La Porte Code of Ordinances pertaining to domestic livestock as an accessory use on lots in excess of one acre. Chairman Hal Lawler opened the public hearing at 6:12 p.m. A. Staff Presentation Masood Malik, City Planner presented staff's report. B. Proponents Nolan Allen, of 10730 North "L" Street voiced his concern on the following issues: 1. Mr. Allen's first concern was the concentration of two animals per acre. Mr. Allen explained to the Commission that less than 1 % of the Lomax animals are grazing animals. The majority of the animals are barn kept and hand fed. The original Ordinance was set for grazing animals. 2. Mr. Allen voiced concern regarding the 25ft setback and asked the Commission to consider other options, like different types of fencing only when concerns with neighbors were an issue. 3. Mr. Allen voiced concern with the usable acreage area and disagreed with no partial credit towards rounding to higher number of size of acre. Rhysa Walker, of 11438 North Ave "P" is a graduate of Texas A&M. Ms. Walker is currently an agricultural science teacher. Ms. Walker voiced her concern with the number of horses allowed per acre as written in the current ordinance. She read a report to show barn kept animals are hand fed daily and should not be held to the same standards as grazing animals. She read from a report from Dr. P.G. Gibbs of Texas A&M University. This report can be found on the Animal Science website. Planning and Zoning Commission Minutes of July 16, 2009 Page 2 of 4 Paul Bailey, of 1703 Lomax School Road addressed the Commission. Mr. Bailey owns barn kept horses and would like to have more head per acre. Susan Sexta, of 10807 Elizabeth Lane is currently enrolled in Texas A&M where she is majoring in Animal Science. Ms. Sexta has been in FFA for 10 years. Ms. Sexta asked the Commission to consider Large Lots without a cap on animals. A student can show more than 4 animals all over the State in a year. More animals per acre are needed for show animals. Shelby Sessions, of 1110 Robinson Road has been showing for 8 years. Ms. Sessions currently owns lambs, goats, pigs, horses and rabbits. Ms. Sessions informed the Commission Texas FFA dominates in the shows each year. She shows several animals all year and most of them are kept in concrete and straw pens and are extremely well cared for, they have to be to win. Ms Sessions said she is with her animals 3-4 times a day. Ms. Sessions asked the Commission to allow more animals per acre. C. Opponents There were none. D. Proponents Rebuttal Kathryn Sexta, of 10807 Elizabeth has been in FFA for 10 years. She shows all over the State of TX and LA. Ms. Sexta asked the Commission to consider more animals per acre. Ms. Sexta explained the rules for showing an animal and how they have to be in top health care in order to show. Wayne Landine, of 10421 North Ave H expressed the joy of living around the animals in Lomax. Mr. Landine's neighbor has horses and has loved living near them. Mr. Landine commented on how well the community takes care of their animals. Chris Corughran, 11207 North Ave H recommended the Commission use the same standards for animals per acre that are used for the fowl. Pat Wright, 2038 Lomax School Road addressed the Commission. Ms. Wright has been a resident of Lomax for over 30 years. The neighbors on all three sides of Ms. Wright have always enjoyed her horses. Tim Tieljens, Director of Planning addressed the audience and asked more questions. Mr. Tieljens interacted with the citizens and asked for their input. 4. Close public hearing. Chairman Hal Lawler closed the public hearing at 7:33 pm. Doretta Finch left the meeting at 7:34 pm. Chairman Hal Lawler called for a break at 7:35 pm. Chairman Hal Lawler re-convened the meeting at 7:41 pm. Chairman Hal Lawler noted Commission Member Doretta Finch left the meeting early. Chairman Hal Lawler added David Janda (Alt 1) will be voting in place of Doretta Finch. 5. Open a public hearing to receive citizen input on proposed amendments to Chapter 106 of the La Porte Code of Ordinances governing fence requirement for mobile home parks, fence height, and placement restrictions for fences in commercial and industrial zoning districts. Chairman Hal Lawler opened the public hearing at 7:42 p.m. Planning and Zoning Commission Minutes of July 16, 2009 Page 3 of 4 A. Staff Presentation Masood Malik, City Planner presented staff's report. B. Proponents Brook Wycoff, of 8915 Appomattox addressed the Commission. Mrs. Wycoff voiced her concerns with the fence problems at her home. Since Hurricane Ike the fence at Pecan Plantation has not been replaced. Mrs. Wycoffs home is adjacent to Discount Tire. Mrs. Wycoff has been witness to a person from the parking lot of Discount Tire taking her bicycle from her yard. Her neighbor witnessed the same with her child's bicycle 3 months ago. Mrs. Wycoff expressed concern for her children's safety, and the nuisances of noise from the parking lot and traffic from Canada Road. Mrs. Wycoff told Commission several neighbors have requested management to replace the fence and offered to pay for their own individual fencing, but was denied. C. Opponents There were none. D. Proponents Rebuttal There were none. 6. Close public hearing. Chairman Hal Lawler closed the public hearing at 8:46 pm. 7. Consider recommendation to City Council regarding fence requirement, height, and placement. Motion by Les Bird for the following: . Accept the amendment to manufactured housing fence requirements. . Accept the 8ft height requirement for all residential housing. . Remove the existing fencing for commercial and Industrial zoning district. Second by Dottie Kaminski. The Motion carried. Ayes: Hal Lawler, Paul Berner, Dottie Kaminski, Les Bird, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None Nays: Abstain: Commission member Paul Berner requested a correction to Ordinance Sec. 106-792. Commission members and staff agreed the word "not" should be removed from the third sentence and should read as such; Sec. 106-792. Large lot residential lots. In case of large lot residential lots, eiaht feet perimeter fences are permitted as an accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet front yard fences are permitted parallel and adjacent to the side lot lines. However, such fences shall oot be permitted on the front lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These exceptions do not permit structures, grading, or barrier hedges. 8. Administrative Reports Planning Director, Tim Tietjens gave administrative reports. 1. The original tanks that were underground at Town Plaza have been removed. The grading is complete and the pillars are now in. 2. The Gateway project is ongoing; 70% drawings completed. 3. Council authorized the purchase of additional Holiday decorations for Main Street this fall. 4. The Governor has signed a bill which when finalized would transfer maintenance responsibility of Main Street to the City. Planning and Zoning Commission Minutes of July 16, 2009 Page 4 of 4 5. Sylvan Beach re-nourishment is underway. 6. A consultant was hired to assess the options for reestablishing a venue at Sylvan Beach. Options may include the Pavilion in various degrees. 7. The City's Strategic Plan has been approved by the La Porte Economic Development Board and City Council. 8. The City is currently offering the residents of Brookglen buyout options. The purpose of the buyout is to improve drainage in the subdivision. 9. We have obtained an easement for Creekmont Park. The underground drainage system is scheduled to be complete in 45 days. 9. Commission comments Chairman Hal Lawler suggested Commission attend the Main Street "Morning Brew". The Time and Place can be found on the City of La Porte website each month. 10. Adjourn Chairman Hal Lawler adjourned the meeting at 9:32 pm. ') annon Green Planning Assistant Approved on this ;!O day of Q~J-: 2009. ~~ Hal Lawler Chairman, Planning and Zoning Commission McCabe Road Property Special Conditional Use Permit #SCU09-003 Exhibits A. Staff Report B. Area Map C. Draft SCUP D. Application E. Survey Map Staff Report August 20, 2009 Request: Requested By: Requested For: Present Zonin2: Requested Use: Back2round: McCabe Road Property Special Conditional Use Permit #09-003 Special Conditional Use Permit Request #09-003 Hans Van Esch, Property Owner A 5.89 acre tract, described as TRS 5G & 5H; Abst. 30, W. P. Harris Survey, La Porte, Harris County, Texas. This property is further described as being located in the 800 Block of McCabe Road. Planned Unit Development (P.U.D.) Consulting Inspection Services The subject property is located to the southeast portion of the City of La Porte. The site is a 5.89-acre tract that fronts along south of McCabe Road between SH 146 and Broadway (Old Highway 146). The property is in rectangular shape with approximately 480' frontage and 531' depth. There is a 50' wide Harris County Flood Control District drainage easement to the west of the tract identified as "West Branch Taylor Bayou". Several years ago, the previous owner received a Special Conditional Use Permit (SCUP) for the purpose of developing a single-family residence and an oversized garage (accessory building) of approximately 6,000 square feet to house cars and motorcycle collections. The Zoning Board of Adjustment granted a variance to construct oversized garage in excess of 2,000 square feet allowed by the ordinances for large lots. The subject property is now sold and has been transferred to the current owner. The present owner wants to utilize an existing accessory building for inspection service purposes while living in the house located at the same address. The applicant will provide consulting services to area industries assisted by family members or a part time co-worker. Harris County Appraisal District records show that house and an accessory building were built in 2005. An existing accessory building is located at least thirty-feet (30') from any property line and thirty-feet (30') behind the rear of the primary structure in compliance with Section 106-741 of the Code of Ordinances. SCU09-003 August 20, 2009 Page 2 of4 Analvsis: As per provision of Section 106-749, Home Occupation, no person other than members of the family residing in the premises should be engaged in such occupation. While, a Special Conditional Use Permit is required for any development or activity proposed in the Planned Unit Development (PUD) district per Section 106-659 of the Code of Ordinances. Code of Ordinances 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. In addition to performance standards, there are a number of development standards that are specified by the Zoning Ordinance. These standards are applicable to all P.U.D. developments. Section 106-659 of the Code of Ordinances establishes the following criteria for review of the development projects within a P.U.D. zoning district: Uses - Review of the City's Land Use Plan indicates that this area is envisioned as a Low-Density Residential use. The primary use of this property is a single-family estate residence with oversized garage as an accessory building. Zoning - The property is zoned PUD, where single-family residential dwelling is a permitted use. The Shady River Subdivision, a single-family residential neighborhood adjoins the property to the south. Streets - The property faces McCabe Road, a 100-ft. right-of-way (ROW), connects South Broadway (Old Highway 146) with SH 146. It may accommodate the traffic generated by this development. Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. Utilities and Drainage - There is a water distribution facility in the area to supply potable and fire protection to this development. The water is available along McCabe Road. The sanitary sewer required extension and is connected SCU09-003 August 20, 2009 Page 3 of4 Recommendation: to the south with Shady River Subdivision. Natural drainage pattern is a sheet flow towards road side ditches along McCabe Road. Open Space -The property adjoins Taylor Bayou to the west. A wide area is left undeveloped as open space. The owner purchased the property based largely to its heavily wooded natural features. Based on items discussed above, staff recommends approval of the Special Conditional Use Permit with the following conditions: 1. Retain 100' setback from the east, west and south property line adjacent to residential for buffering purposes with all other setbacks as required. 2. There shall be no change in the outside appearance of the building or premises and all performance has to be residential in nature. 3. No sign or display visible from the exterior of the dwelling shall be allowed. 4. There shall be no outside storage of any kind within the required setback areas and any other easements at site. 5. The facility shall operate as per noise regulations in Section 106-521 (g), Code of Ordinances. Any construction or equipment use in the rear yard setback shall not be allowed. 6. Hours of operation shall be between 7 am to 7 pm. 7. Number of employees shall be limited to one person other than members of the family residing in the premises. 8. No traffic shall be generated by such use in greater volumes than would normally be expected for residential use. 9. All outdoor lighting shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-521(a) ofthe Code of Ordinances. 10. Assure that the accessory structure is not visible from the neighboring residential properties to the south. 11. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. 12. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. SCU09-003 August 20, 2009 Page 4 of 4 13. Any additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 14. 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 03 MCCabe Rd. "DRAFT" City of La Porte Special Conditional Use Permit # SCU 09-003 This permit is issued to: Hans Van Esch Owner or Agent 803 McCabe Road, La Porte. TX 77571 Address For Development of: TEServices (Consultancy Inspection Services) Development Name 803 McCabe Road. La Porte. TX 77571 Address Legal Description: TRS 5G & 5H. Abstract 30, W. P. Harris Survey La Porte. Harris County, Texas. Zoning: Planned Unit Development (PUD) Use: Consultancy Inspection Permit Conditions: 1. Retain 100' setback from the east, west and south property line adjacent to residential for buffering purposes with all other setbacks as required. 2. There shall be no change in the outside appearance of the building or premises and all performance has to be residential in nature. 3. No sign or display visible from the exterior of the dwelling shall be allowed. 4. There shall be no outside storage of any kind within the required setback areas and any other easements at site. 5. The facility shall operate as per noise regulations in Section 106-521(g), Code of Ordinances. Any construction or equipment use in the rear yard setback shall not be allowed. 6. Hours of operation shall be between 7 am to 7 pm. 7. Number of employees shall be limited to one person other than members of the family residing in the premises. 8. No traffic shall be generated by such use in greater volumes than would normally be expected for residential use. 9. All outdoor lighting shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-521 (a) of the Code of Ordinances. 10. Assure that the accessory structure is not visible from the neighboring residential properties to the south. 11. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. 12. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. 13. Any additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to begin construction 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 construction 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 -=-'--* CITY OF LA PORTE APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT Application No.: ~eu - oct -DO.? OFFICE USE ONLY: Fee: $300.00 Date Received: 7J'~~"'()9 Receipt No.: J J..'I"71- ~ Note: This Fee is Non-Refundable Regardless ofthe Commission/CC's Decision. Certified Plans Submitted: ( ) General Plan ( ) Minor Development Site Plan o o Major Development Site Plan Preliminary Plat Applicant: . 1 '." f"\ i\ ! ,. , i I-J ,'V~ VI-)",\ 6ScL, Name g 0:3 l\t1c C oL).b c- (2... ~ Address PH: ? '3 { t? b~ IS 0(;; Business Name: ~{J b\V\ e ~ . I- .f '-- \/\. (; - L.{~ \:? I S e (V: c e-5, Legal Description: Zone: SIC# Type of Business: CD n.5 L.-l Ii iL)..." c. U ~ ...~.. 9J. -. . /1Pc....---f-( ~ 0 V'\ ....., I . / if .... ./ ~ ;' /~"", Own~F. - dthorized Agent \./ / A Site Plan ofthe property is attached. Also, I have listed the information requested below on the following pages of this form. a) All facts concerning the matter that has led up to this request. b) The grounds upon which I am making this request. /J * If applicant is NOT t~e owne:, he must provide Authorization to.~IJ.the Owner's behalf. 8->-09 /~ Date 'T~Applicant's Signature Office Use OnIV' / J Date ofP&Z Public Hearing: Recommendation: YorN City Council Meeting Date: Approved: YorN This application is: Approved ( ) Denied ( ) Permit No. CLP Job# (if assigned): Conditions: Request for Special Conditional Use Permit Introduction TEServices: In September 2002, Turbine End-user Services, Inc (TEServices) was founded as a minority S-Corporation. TEServices is strategically based in La Porte close to Houston, where the majority of the land-base gas turbines in North America are overhauled and their components repaired and coated. Since 2003, TEServices has performed Vendor. Verification, training, technical assistance and gas turbine component assessment. The last one forms one third of TEServices business and includes Non-Destructive Testing (NDT), dimensional inspection and metallurgical evaluation. End-users from over all the world send TEServices gas turbine components, see picture below, to have it assessed: Why they have failed or if the component can be used as is, needs repair or needs to be scrapped, Till now this is supported from a home office and garage first in Kirby Oaks Drive, Seabrook and since May, 2009 in McCabe Road, L(yPorte. Note: the majority part (2/3) of TEServices business is consultancy at the customer location or their vendor facility . Special Conditional Use Permit We request to be able to use our auxiliary building on 803 McCabe Road in La Porte, Texas for gas turbine component assessment. To be able to perform this assistance NDT, dimensional inspection and metallurgical evaluation have take place. The assessment will be primary performed by Hans van Esch (living in the house located at the same address) assisted by family members and sometimes part time co-workers. Zoning Ordinance Amendment (Domestic Livestock) Exhibits A. Staff Report B. Draft Ordinance Staff Report August 20, 2009 Domestic Livestock Back2round: Planning and Zoning Commission, at the July 16,2009, meeting, held a public hearing to solicit and clarify input from the residents to consider possible amendments to the Zoning Ordinance regarding domestic livestock. Consensus from the public is; a) to allow recreational livestock (cattle, horses, sheep, goats) as a permitted accessory use on lots in excess of I-acre (43,560 square feet), provided that recreational livestock are cared for and maintained in accordance with the state laws regarding animal welfare, b) no specific concentration be established but requirements of Section 34-126 should be applicable, and c) to reduce the buffer requirement for grazing livestock. Existin2 ReQuirements: Section 106-742, Domestic Livestock . Subsection (a) identifies domestic livestock as cattle, horses, hogs, sheep, goats, chickens and geese. . Domestic livestock is a permitted "accessory use" to residential large lot. . Minimum lot size is I-acre (43,560 square feet). . Domestic livestock be kept in a concentration that is less than or equal to two (2) cows, horses, hogs, sheep or goats per acre. . No specific concentration is established for fowl. . Domestic livestock is to be restrained no closer than 25 feet from the property that is not devoted to the keeping of livestock. 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. Findings of the research are tabulated as follows: City Minimum No. of No. of Buffer Zone - Minimum Acreage Animals Fowl distance from other residence or dwelling L a Porte 1 2 nla 25ft Deer Park 5 2 12 150ft Baytown nla nla nla 300ft League City 5 4 nla 50ft Webster 2 nla 100 250ft Friendswood 5 2 nla 100ft Pasadena 10 nla nla 50ft Planning & Zoning Commission August 20, 2009 Page 2 of2 Historically, keeping of the horses and other recreational animals are undoubtedly the predominant domestic livestock use in La Porte. Grazing and recreational livestock are defined as follows: Grazing livestock means domestic animals (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be pasture animals that can sustain themselves under normal circumstances in concentration defined herein. Recreational livestock means animals (including but not limited to cattle, horses, sheep, goats, hogs, etc.) that are intended to be housed in a barn or similar structure requiring supplemental feed and care in order to be kept in concentration defined herein. No specific concentration of recreational livestock is established here. However, the requirements of Section 34-126 of the Code of Ordinances shall be applicable. In addition, all domestic livestock shall be restrained by either barbed wire or electric fence no closer than 10 feet from the property that is not devoted to the keeping of domestic livestock. Sue:e:ested Requirements: These requirements would be supplementary to the existing provisions of the ordinance and would apply specifically for Large Lot (LL) district. (1) Recreational livestock is a permitted accessory use kept on tracts of contiguous land (under one ownership) totaling one (1) acre in size or larger. (2) For any pre-existing, non-conforming livestock use, without the required primary structure in existence prior to this ordinance, shall be permitted upon submittal and subsequent City approval. Upon such approval registration form shall be issued to the property owner. (3) Recreational livestock concentration shall not exceed grazmg livestock concentration unless the following provisions are met: a. A barn is provided to accommodate the number of livestock regardless of type in or equal ratio of head and stalls/pens. b. Proper maintenance/care is adequately provided, and c. The site shall be maintained to avoid any public nuisance. ConclusionlRecommendation: Based on the research and prevailing conditions in the area, staff recommends inclusion of the above referenced provisions in the ordinances. Action by the Commission 1. Conduct public hearing 2. Discuss the issues 3. Make a Recommendation to City Council at conclusion of a public hearing. DR FT ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, IN GENERAL, SECTION 106-1, DEFINITIONS, ARTICLE V, SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 2, ACCESSORY BUILDINGS, USES, AND EQUIPMENT, SECTION 106-742, DOMESTIC LIVESTOCK WITH REGRADS TO REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY OF LA PORTE, LARGE LOT (LL) DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, Zoning, Article I, In General, Section 106-1, Definitions, is hereby amended to add the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fowl means any goose, chicken, peacock, guinea, duck, turkey, and/or other member of the bird family. Grazing Livestock means domestic animals (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be pasture animals that can sustain themselves under normal circumstances in concentration defined herein in this chapter. Recreational Livestock means animals (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be housed in a barn or similar structure, requiring supplemental feed and care in order to be kept in concentration defined in this chapter. Section 2: That Chapter 106, Zoning, Article V, Supplementary District Regulations, Division 2, Accessory buildings, Uses, and Equipment, Section 106-742, Domestic Livestock, is hereby amended to read as follows: (a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of one acre (43,560 square feet), provided that all domestic livestock as defined above be restrained by either barbed wire or electric fence no closer than lQ feet 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. Plus one (1) head for each additional one-half ('is) acre of land on the same parcel. (b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl or recreational livestock in the Large Lot district, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl or recreational livestock 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 fef or commercial sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by Section 106-331, Table A. (d) Large Lot district only. (1) Recreational livestock is a permitted accessory use kept on tracts of contiguous land (under one ownership) totaling one (1 ) acre in size or larger. (2) For any pre-existing, non-conforming livestock use, without the required primary structure in existence prior to this ordinance, shall be permitted upon submittal and subsequent City approval. Upon such approval registration form shall be issued to the property owner. (3) Recreational livestock concentration shall not exceed grazing livestock concentration unless the following provisions are met: a. A barn is provided to accommodate the number of livestock regardless of type in or equal ratio of head and stalls/pens. b. Proper maintenance/care is adequately provided, and c. The site shall be maintained to avoid any public nuisance. 2 Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 6. City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Texas Local Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED this the day of ,2009. CITY OF LA PORTE By: ATTEST: Mayor City Secretary APPROVED: Assistant City Attorney 3