HomeMy WebLinkAboutO-2007-1501-O5 change zoning classification
ORDINANCE NO. 1501-.Q.S
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY AMENDING ARTICLE II.
"ADMINISTRATION", DIVISION 5, "AMENDMENTS", SECTION 106-171 (2) "NOTICE
OF PUBLIC HEARING BEFORE CITY PLANNING AND ZONING COMMISSION" TO
REQUIRE ERECTION OF SIGN ON PROPERTY GIVING NOTICE OF PROPOSED
CHANGE IN ZONING CLASSIFICATION; AND BY AMENDING DIVISION 6,
"SPECIAL EXCEPTIONS AND VARIANCES", SECTION 106-194 "NOTICE OF
PUBLIC HEARING BEFORE THE BOARD OF ADJUSTMENT" TO REQUIRE
ERECTION OF SIGN ON PROPERTY GIVING NOTICE OF PROPOSED VARIANCE,
SPECIAL EXCEPTION, OR APPEAL OF ENFORCEMENT OFFICER'S DECISION;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 15th day of February 2007, at 6:00 p.m. a
Public Hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter
551, Texas Government Code, to consider the question and the possible changes to
Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte.
There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein
and made a part hereof for all purposes, a copy of Notice of Public Hearing.
Section 2.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof
for all purposes.
Section 3.
Immediately following such public hearing on February 15, 2007,
the Planning and Zoning Commission of the City of La Porte met in regular session to
consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning
Ordinance of the City of La Porte, which were the subject of such public hearing. The
ORDINANCE NO. 1501-~
Page 2
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated February 27, 2007, a
true copy of which letter is attached hereto as Exhibit "C", incorporated by reference
herein and made a part hereof for all purposes.
Section 4.
Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed changes to the ordinance and the recommendation of
the Planning and Zoning Commission on the 19thday of March, 2007, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible changes to the ordinance. There is attached to this
Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for
all purposes, a copy of the notice of public hearing.
Section 5.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
Section 6.
The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission to amend
Chapter 106 of the Code of Ordinances by amending Sections 106-171 and 106-194 to
add requirement for posting of outdoor sign giving of notice of public hearing before the
Planning and Zoning Commission and the Zoning Board of Adjustment respectively, to
read as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as
if set forth herein verbatim.
Section 7.
The Director of Planning is hereby authorized to promulgate all
necessary written polices governing the construction, erection, and content of signs
ORDINANCE NO. 1501-~
Page 3
placed on property giving notice of public hearings before the Planning and Zoning
Commission and Zoning Board of Adjustment, not inconsistent with this ordinance.
Section 8.
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 the City of La Porte Zoning Ordinance as amendments
thereto are desirable and in furtherance of the goals and objectives stated in the City of
La Porte's Comprehensive Plan.
Section 9.
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 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 10. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the 19th day of March, 2007.
By:
CITY OF LA PORTE
~y~
ALTON PORTER, Mayor
ORDINANCE NO. 1501- 05
Page 4
ATTEST:
By:~~~d
MARTHA GILLETT, City Secretary
APPROVED:
By: ~~~
CLARK ASKINS, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 15th
day of February, 2007, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider an amendment to the Zoning Ordinance of
the City of La Porte, pertaining to notice of public hearing for property owners located within 200
feet of the property on which the change in classification is proposed.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the public hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or
TDD Line (281) 471-5030for further information.
'fin41el' d.
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or con during the public
hearing will be required to
sign in before' the, meeting
is convened.
PUBLIC NOTICES
THE STATE OF TEXAS
COLlNTYOFHARRIS
::ITY OF LA PORTE
Martha Gillett,
TRMC, CMC
City Secretary
281-471-1234
Fax 281-471-5763
CITY OF LA PORTE
NOTICE OF PUBLIC
G A quorum of City Council
HEARIN , members maybe present'.
In accordance with the " and participate )ndiscqs-;" ;,
,sionsduring this meeting,;,'
provisions, of Section however, no action will .bf!, "
" '6~~i~~~ce~Jr1h;~~' 6: tfken by council,.".. ,'.; ';,..)
, ',L!1Po~e, arid the'provi., This facility;h~s disabiiity.'Jtle '
,:<.slons of the TexasL<:lfalaccOnimOdations;'i,01lV~i1->1
;;." ~overnme~t Code, not'c,eable,Re uests for ac~1
.:<; -';Ishereby ~,vElnthat the La ,., ,'C "" .q,-;. ,'. .'..:
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Thep "'." h~ar:"i'cln~~'!Ft'gQ;/~'L',"': "': >Igned authonty, on thiS date came and
ing i to,' ,r;.".ari;"pj~;~' "i', .'" ': <;. a duly authorized representative of The
amend en eZomng .' ,
Ordinance of~h~'9ityof ;\.. '=>Ufla~t:m,,-weekly newspaper published and generally
~' La Porte" perlanl'hg to.no-; " ,
, ticeofpublicMaringpfor ~d in the City of La Porte, Harris County, Texas and who
property owners, loc:ated , .. .
. ~ithin 200 feetottpe prop~. ng duly sworn, swears the attached notice was published In
Y'ii$~richtQ~l~~~Bro~,';,Shore Sun dated 1- 3 ) -07 .
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Citizens wishing' to, ad-
dress the Commission pro
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Sworn and subscribed before me this
Lt?1~A/i e.h ,2007.
l.::) ?fJ
day of
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arolyn Kellog
Notary Public
Harris County, Texas
KAROLYN KELLOGG
m COMMISSION EXPIRES
April 11 , 2010
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My Commission Exprires April 11 , 2010
MlHttm)
City of La Porte
Established 1892
February 27,2007
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - Notice of Public Hearing
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on February
15, 2007, held a public hearing to consider amendments to the Zoning Ordinance
(Chapter 106 of the Code of Ordinances), by amending Sections 106-171 and 106-194;
notice of public hearing before the Commission and the Board respectively, and by
adding requirements for posting a sign on the property for which the change in
classification is proposed.
The Planning and Zoning Commission, by a unanimous vote, recommends approval of
the zoning ordinance amendments related to the notice of public hearing requirements
within 200' of the subject property.
Pat Mu on
Chairperson, Planning and Zoning Commission
c: John Joerns, Acting City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
Zoning Board of Adjustment
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
d~C
ZOA#07-01
,-
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 19th day of March, 2007,
in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose
of this hearing is to consider an amendment to the Zoning Ordinance of the City of La Porte,
pertaining to notice of public hearing for property owners located within 200 feet of the property on
which the change in classification is proposed.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or
TDD Line (281) 471-5030 for further information.
xtll[l'f D
PUBLIC NOTICES
~;g~ 'in before the meeting
is convened.
'~
ZOA#07:rrl~--
TH~ STATE OF TEXAS
C. .TY OF HARRIS
CITY OF LA PORTE
CITY OF LAPORTE
Martha Gillett,
TRMC, CMC
City Secretary
1
281-471-1234
Fax 281-471-5763
A quorum of City council..
-members may be pr~sent,
and participate in dlscus- ,'~
sions during this me~ting",'
however, no action will be .
taken by Council.
, In accordance lib The
with the provisions of Sec- " ~,
tion106-171 of theCo~e This facility has disability
of Qrdimlpces of the City >accommodations " avall- ,I
of La porte,anclm~ provl- . il6/e. '. 'Requests Ior ac-.
sions (>1 the Texas Lo?al. commodationsC!' mterl?re-,
Government C.ode, notice tive sel"Vjce~.at, meetmgs
is hereby given that the L.a should be . made 4Bho.urs
p(>rte } City; Council. ~I\I priorJo the , ~.eetmg:
c()llducta public , heanng , Please contact City Secre:
"l:lt;,Ei:().()p'M.,()n~;o.J!\~ ,'... tary's . pffice aDt D (2S:~ ;
'day')'of,March, " 471-5020 or T .
.;.meJ:;9,~Qcn Char:'bers?L(281),1Z1-50~OJor ~urthe~,~rslgned authority, on this date came and
,theCiyHa\l, 604 ,W. Falr-;'inform~tion. . ~' '
rT\()"rkw ,La porte,'.".} , ,"{;)y, a duly authorized representative of The
Te e purpose. of , ,
this h ri i to)~~~er ':i-weekly newspaper published and generally
~nngame nan~ ~~i~~ "'LVU HI I1ie City of La Porte, Harris County, Texas and who
~1t~~ ~fo~~bH hearing f~~\eing duly sworn, swears the attached notice was published In
prpperty own s, !ocate~.lyshore Sun dated ,3 -Lj ~O'7
,(within 200 . feet of., the prop .'" 1
.,{, ',.},e,',rt,', y,',';;"()nyv'hi9P,Jh",e,..,,.,'~, ~,~f)~e, c, ,I.,
''In'''classification '. .I~ proij
~sed. ,....'. .",',il \QtL
'.. ,'." A regularrrieet-}
in!;! of,theCity,pouncil ,~ill:
f6\1()wthe,PlIbhc " hear~ng'ldfrey
for the ' plJrpose ,of, act[!w.
!I.IPOI1',' the:pubHc . heanllg
.' items ana to .conduct other';
" matters ,p13rtall"ling, to, J9,El,
,Council."" , '.,
'NOTICE OF PUBLI,C
.i HEARING ,
re Sun
~~
Citi~.ens ,'. wishing
to. address the Coun~i1, P~oand
or con during ,~hl:l p~bhC.
" ,-/ /(1/) Ch
subscribed before me this
,2007.
5-4,
day of
K rolyn Kellogg
Notary Public
Harris County, Texas
KAROlYN KELLOGG
MY COMMISSION EXPIRES
April 11, 2010
My Commission Exprires April 11 , 2010
"E
,y,
Amendments to the Ordinances
DIVISION 5. AMENDMENTS
Sec. 106-171. Amendment Procedures.
(2) Notice of public hearing before city planning and zoning commission. Written
notice of all public hearings before the city planning and zoning commission on proposed
changes in classification to property shall be sent to owners of real property lying within
200 feet of the property on which the change in classification is proposed, such notice to
be given not less than ten (10) days before the date set for hearing, to all owners who
have rendered their said property for city taxes as the ownership appears on the last
approved city tax roll. Such notice may be served by depositing the same, properly
addressed and postage paid, in the city post office. In addition, any person requesting a
change to the classification of property shall be required to erect and maintain a sign on
the property advising the public of the requested change in classification, not less than
fifteen (15) days before the public hearing. The sign shall be erected and displayed
according to standards established in the City's written guidelines for erection of signs on
property for notice of public hearing before the Planning and Zoning Commission and
Zoning Board of Adjustment, which guidelines shall be on file in the office of the
Director of Planning. Furthermore, at least fifteen (15) days notice of the time and place
of such hearing shall be published once in a newspaper of general circulation in the city.
DIVISION6. SPECIAL EXCEPTIONS AND VARIANCES
Sec. 106-194. Notice of public hearings before the board of adjustment.
The notice of public hearings provided for in this section shall be given by publication
once in a newspaper of general circulation in the city stating the time and place of such
hearings, which shall not be earlier than ten days from the date of such publication, and in
addition thereto, the board of adjustment shall mail notices of such hearing to the
petitioner and to all owners of property lying within 200 feet of any point of the lot or
portion thereof, on which a special exception or variance is desired, or appeal of the
determination of the enforcement officer, and to all other persons deemed by the board of
adjustment to be affected thereby; such owners and persons shall be determined
according to the last approved tax roll of the city. Such notice may be served by
depositing addressed and postage paid, in the city post office. In addition, any person
appealing the enforcement officer's determination, or requesting a special exception or
variance with respect to property shall be required to erect and maintain a sign on the
property advising the public of the requested appeal or action, not less than ten (10) days
before the public hearing. The sign shall be erected and displayed according to standards
established in the City's written guidelines for erection of signs on property for notice of
public hearing before the Planning and Zoning Commission and Zoning Board of
Adjustment, which guidelines shall be on file in the office of the Director of Planning.
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