12-14-06 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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Staff Report January 18, 2007 Notice of Public Hearing 200' Perimeter Backe:round: During the January 8, 2007, meeting, City Council directed staff to consider the notice of Public Hearing 200' rule procedure required for notifying property owners for proposed changes of classification or amendments to the Zoning Ordinance. At the December 11, 2006, Council meeting, some concern was voiced over the public notification procedures used during the process for the proposed rezone of property along Canada Road. While it was noted that Staff used the procedures mandated by current State Law and City Ordinance, the issue of the 200-foot mail-out for properties surrounding a proposed rezone was raised by the residents ofthe adjacent properties. Existine: ReQuirements: Current City Ordinance and State Law 211.007 (c) requires before the 10th day prior to the hearing date, a written notice of public hearing before the Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. Analvsis: The power point presentation shall outline the issue in regards to State Law, City Ordinances and some history gathered by Staff as to notification and response ratios in an effort to solicit guidance and direction from Council as to any modifications to the notification process that they may deem necessary. As a reminder, a general rule is that City Ordinances may be more strict than State Law but not more lenient or in conflict; and all proposed modifications to the procedures as outlined in Chapter 106 (Zoning) must be directed to the Planning and Zoning Commission for a preliminary recommendation before being heard by Council. Sue:e:ested ReQuirements: While keeping 200'rule intact, the Commission may consider the following measures: . A sign, shall be posted at the property on which the change in classification is proposed, at least fifteen days before the date of the hearing specifying the, time and place of hearing. . Contact area representatives to discuss change in a zoning classification. ~....:;YHH1f'"1; t ,. ... .-il~ {! k