2007-03-05 Special Called Regular Meeting of the La Porte City Council Minutes

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CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.laportetx.gov Phone: (281) 471-5020 I Fax (281) 470-5005 MEMORANDUM FOR RECORD February 14,2007 TO: Mayor and City Council ~1 John Joerns, Interim City Managerd '~r1 Wayne J. Sabo, Planning Director THRU: FROM: Re: Division 7, Conditional Use Permits; Chapter 106 (Zoning); City Code of Ordinances After the City Council meeting on February 12,2007, Staff was asked to provide information regarding Section 106-217 pertaining to the approval of Special Conditional Use Permits (SCUP), as quoted by Mr. Vernon Johnson during the public hearing for SCUP 07-001 (FFA/4-H). The referenced section of the Ordinance is found beginning on Page CD:I06:35- 36 in Chapter 106 (Zoning). . A question was asked if City Council may alter a SCUP that has been recommended by the Planning and Zoning Commission. Section 106-216 (c) states: "After a publie hearing and upon recommendation of the city planning and zoning commission, the city council may modify the fmal planned unit development and issue a special conditional use permit containing such requirements and safeguards as are necessary to protect adjoining property." In essence, the City Council may approve or deny the permit as written or may approve it as modified as the Council sees fit. · Section 106-216 (f) goes on to state: "Every special conditional use permit granted as provided herein shall be considered as an amendment to the zoning ordinance as applicable to such property." . Section 106-216 outlines Conditions for approval: ~ That the specific use will be compatible with and not injurious to the use and enjoyment of 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, and necessary to protect the public interest and welfare of the community.