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<br />Staff Report <br /> <br />February 15,2007 <br /> <br />Notice of Public Hearing to <br />Property Owners Within 200 feet <br /> <br />Back2round: <br /> <br />The issue of the 200-foot mail-out for properties surrounding a proposed rezone was <br />raised by the residents of the adjacent properties during the December 11, 2006, City <br />Council meeting. City Council directed staff to consider a workshop with the Planning <br />and Zoning Commission regarding the notice of public hearing 200' procedure required <br />for notifying property owners of proposed changes of classification or amendments to the <br />Zoning Ordinance. At the January 18, 2007, Planning and Zoning Commission <br />workshop, a presentation was given by Staff to explain the procedures mandated by <br />current State law and City ordinances. <br /> <br />Existine: Requirements: <br /> <br />In accordance with City Ordinance and State Law 211.007 (c) requirements: Before the <br />10th day prior to the public hearing date, a written notice of public hearing before the <br />Planning and Zoning Commission or the Zoning Board of Adjustment on a proposed <br />change in a zoning classification shall be sent to each owner, as indicated by the most <br />recently approved municipal tax roll, of real property within 200 feet of the property on <br />which the change in classification is proposed. The notice may be served by its deposit <br />in the municipality, properly addressed with postage paid, in the United States mail. Also <br />included with the notice of public hearing, is a public notice response form, along with a <br />return envelope addressed to the City of La Porte. <br /> <br />Analvsis: <br /> <br />A general rule is that City Ordinances may be more strict than State Law but not more <br />lenient or in conflict; and all proposed modifications to the procedures as outlined in <br />Chapter 106 (Zoning) must be directed to the Planning and Zoning Commission for a <br />preliminary recommendation before being heard by Council. In the case of a special <br />exception or variance request, the Zoning Board of Adjustment shall have the power to <br />approve or deny any request and their decision may only be challenged in the District <br />Court. <br /> <br />Sue:e:ested Requirements: <br /> <br />After staffs presentation at the January 18,2007, Planning and Zoning Commission <br />meeting, the Commission considered the requirements for proper Public Hearing <br />notification, keeping the 200' rule intact. Staff suggests the following measures in this <br />regard. Draft policy is attached for review. <br /> <br />tiItMf. A <br />