The URL can be used to link to this page

Home My WebLink AboutO-2003-1501-DDD . . ORDINANCE NO. 1501--D.l2lL AN ORDINANCE AMENDING CHAPTER 106, BY AMENDING SECTION 106-62, "MEMBERSHIP AND STRUCTURE", OF ARTICLE II. "ADMINISTRATION", DIVISION 2, "BOARDS AND COMMISSIONS", SUBD~VISION II. "PLANNING AND ZONING COMMISSION", AND SECTION 106-86, SUBDIVISION III. "BOARD OF ADJUSTMENT", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE PROVIDING FOR TWO ALTERNATE MEMBERS OF THE PLANNING AND ZONING COMMISSION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 18th day of September, 2003, at 6:00 p.m., a special called public hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question of the possible amendment of the Zoning Ordinance as herein described. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, the publisher's affidavit of publication of notice of said hearing. Section 2. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning & Zoning Commission, by letter dated on the 19th day of September, 2003, a true copy of which letter is attached hereto as Exhibit "B," and incorporated by reference herein, and made part hereof for all purposes. Section 3. The City Council of the City of La Porte hereby finds, determines and declares that on the 13th day of October, 2003, a public hearing was held before the City Council of the City of La Porte, Texas, pursuant to due notice, to consider the recommendation of the City of La Porte Planning and Zoning Commission. There is attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made ORDINANCE NO. 1501-11D' Page 2 e a part hereof for all purposes, the publisher's affidavit of publication of notice of said hearing. Section 4. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to Chapter 106, Section 106-62 of the Code of Ordinances of the City of La Porte, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's comprehensive plan. Section 5. Section 106-62, uMembership and structure", of the Code of Ordinances of the City of La Porte, Texas is hereby amended and shall hereafter read as follows: Sec. 106-62. Membership and structure. (a) The city planning and zoning commission shall consist of a member from each of the six council districts, a chairman, and two alternate members (Alternate Position A and Alternate Position B) who are resident citizens and qualified voters of the city. The term of the six members from the six council districts shall coincide with the term of office of the council person for said district. The term of office for the chairman shall coincide with the term of office of the mayor of the city. The term of office for each individual alternate member shall coincide with the term of office of Councilperson at Large A and Councilperson at Large 8, respectively. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. (b) Each district member who is appointed shall be a resident of the district from which he is appointed at the time of his appointment and continuously throughout his tenure in office. (c) The term of each member shall terminate on August 30 of the year in which the term expires, or when his successor has been appointed and qualified. (e) The planning and zoning commission shall elect a vice-chairman from its membership, excluding the 2 alternates. ORDINANCE NO. 1501-JJ.D_ Page 3 e (f) The 2 alternate members are required to attend all meetings in the same manner as the district members of the commission. Alternate members shall not vote unless filling an absence of a district member or the chairman. Section 6. Section 106-86, uOrganization", of the Code of Ordinances of the City of La Porte, Texas is hereby amended and shall hereafter read as follows: Section 106-86. Organization. There is hereby created a board of adjustment consisting of five regular members and two alternates (Alternate Position 1 and Alternate Position 2) who are citizens of the city and who are not members of the city councilor the city planning and zoning commission, each to be appointed by the city council for a term of three years and removable for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. All cases to be heard by the zoning board of adjustment shall be heard by a minimum of four members. The 2 alternate members are required to attend all meetings in the same manner as the regular members of the board. Alternate members shall not vote unless filling an absence of a regular member or the chairman. If a regular member or the chairman is absent from a meeting, Alternate Position 1 shall take his place. If a second regular member and/or the chairman is absent from a meeting, Alternate Position 2 shall take his place. Section 7. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 8. The 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 ORDINANCE NO. 1501-..DfJ' Page 4 . Council was 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 the Open Meetings Law, Chapter 551, Texas 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 9. This Ordinance shall become effective upon its passage and approval. PASSED AND APPROVED THIS THE~ DAY OF 0:/ . 2003. ATTEST: CITY OF LA PORTE BY~~ ~~ ORMAN MALONE, Mayor MARTHA GI LETT, City Secretary e . REQUEST FOR CITY COUNCIL AGENDA ITEM Report: Resolution: Ordinance: X Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Requested By: Nick Finan Department: Plannin Exhibits: Ordinance SUMMARY & RECOMMENDATION During recent workshop meetings, City Council directed the Planning Department to draft an ordinance adding two alternate members (Alternate A and Alternate B) to the Planning and Zoning Commission. Upon approval, this ordinance will expand the Commission to nine (9) members: six district members, a chairman, and two alternate members (representing the At-large Council positions). The amendments state that alternate members only vote in the absence of the Chair and/or District members. Changes in Section 106-86 pertain to the Zoning Board of Adjustmentso The amendments contain voting procedures for the alternate members of the Zoning Board of Adjustments. On September 18, 2003, the Commission held a public hearing considering these amendments to Section 106-62 and 106-86. Bya 7-0 vote, the Commission forwards a recommendation that City Council adopts the proposed amendmentso Action Reauired bv Council: 1. Hold public hearing. 2. Consider adopting changes to Section 106-62 and 106-86 by ordinanceo Aooroved for City Council Ae:enda PIOtMuJ /JC1~wJlu Debra Feazelle, City Manag ( () /~ /lJ j Date