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HomeMy WebLinkAboutO-2023-3956ORDINANCE 2023-3956 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING AN UPDATE TO THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, UPON THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Sec 211.004 of the Texas Local Government Code provides that Zoning regulations must be adopted in accordance with a Comprehensive Plan; and, WHEREAS, Sec 213.003 of the Texas Local Government Code provides that the governing body of the municipality may amend a Comprehensive Plan by ordinance, after a public hearing and review by the municipality's planning commission or department; and, WHEREAS, Sec 213.003 of the Texas Local Government Code also provides that a municipality may establish, in its charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and, WHEREAS, Chapter 106, "Zoning", Section 106-3, and Section 106-65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and, WHEREAS, the City of La Porte has a Comprehensive Plan which was adopted by the City Council of the City of La Porte in 1986, and last amended on the 11 "' day of June 2018, not including routine amendments to the Future Land Use Map component of the Comprehensive Plan; and, WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinance of the City of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and furthermore commissioned a review of said plan by a consultant, duly approved by the City of La Porte, to consider possible amendments thereto; and, WHEREAS, at the La Porte Planning and Zoning Commission special meeting which occurred on September 13, 2023, the La Porte Planning and Zoning Commission heard a final draft Comprehensive Plan Update for the purpose of considering all the components of, and proposed amendments to, the Comprehensive Plan; and consider the report on update of the Comprehensive Plan; and, WHEREAS, at the La Porte Planning and Zoning Commission regular meeting which occurred on September 21, 2023, the Planning and Zoning Commission has recommended to the City Council of the City of La Porte an update to the Comprehensive Plan. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. That an update to the Comprehensive Plan of the City of La Porte, and which is incorporated into this ordinance by reference herein and attached hereto as Exhibit A, be and is hereby authorized, approved, and adopted by the City of La Porte, after duly noticed public hearing held at its October 23, 2023, meeting, pursuant to the recommendations of the Planning and Zoning Commission of the City of La Porte. Section 2. All ordinances or parts of ordinances of the City of La Porte, Texas, in conflict with any provision contained herein are hereby repealed to the extent of any conflict. Section 3. 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; and it is hereby declared to be the intention of this City 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 4. 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 Act, 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 5. This ordinance shall be in effect from and after its passage and approval. The fees in this ordinance shall be effective upon passage and approval of this ordinance unless otherwise indicated. PASSED and APPROVED this, the 23rd day of October 2023. CITY OF P RTE, TEXAS Lo (is .Rigby, or APPROVED AS TO FORM: Clark T. Askins, City Attorney s' couN�y W t