(a)
Amendments to this chapter shall
be made by the city council in accordance with the provisions of this
section.
(b)
The city council shall not enact
any amendment to this chapter without first having received a report
and recommendation from the zoning and planning commission and having
held a public hearing on the proposed amendment.
(d)
All amendments shall conform to the
goals and objectives of the comprehensive plan of the City of Lakeway.
Zoning classification changes that do not conform to the comprehensive
plan of the City of Lakeway are permitted only under the circumstances
and conditions specified in this article.
(Ordinance 2003-09-15-1, sec. 8.01, adopted 9/15/03)
(a)
Who may initiate request to change
zoning classification.
A request
to change the zoning classification of a particular parcel of land
may be initiated by the owner of such parcel, the zoning and planning
commission, or the city council.
(b)
Manner of initiating request.
(1)
Application by property owner.
A property owner may file an application
with the code official requesting the zoning and planning commission
and the city council to consider changing the zoning classification
of his property. Such application shall be accompanied by the fee
as established by the city council and shall contain the following
information:
(A)
Legal description and
address of the parcel affected.
(B)
Present zoning classification
of the parcel and of all contiguous parcels.
(C)
Present use of the parcel
and of all contiguous parcels.
(D)
The zoning change requested
and the proposed use.
(F)
A traffic impact analysis
may be required by the city engineer. If required, a traffic impact
analysis shall meet the criteria outlined in the city’s development
ordinance.
(G)
Any other relevant information
requested by the code official or the zoning and planning commission.
(H)
The code official shall
review each application for a zoning change and prepare a brief verbal
or written report to the zoning and planning commission and city council
on whether the requested change conforms to the requirements of this
chapter. Where an application for a zoning change is made by the owner,
the owner shall provide appropriate evidence to support the requested
change or his reasons for requesting a change in zoning classification.
The code official’s report may indicate whether any significant
and unanticipated changes have occurred in the area of the affected
parcel since the classification on the land use map was adopted which
make it unlikely that such parcel can be developed or used for any
use permitted under the zoning classification indicated for such parcel.
The report shall also recommend whether the requested zoning classification
is the most appropriate classification for the area affected.
(2)
Recommendation from zoning and
planning commission.
The zoning
and planning commission, by recommendation directed to the city council,
may request a change in the zoning classification of particular parcels
of land in order that such parcels will conform to the goals and objectives
identified in the comprehensive plan of the City of Lakeway.
(3)
On city council’s own motion.
The city council, by motion, may
initiate a proposal to change the zoning classification of particular
parcels of land in order that such parcels will conform to the goals
and objectives identified in the comprehensive plan of the City of
Lakeway.
(Ordinance 2003-09-15-1, sec. 8.02, adopted 9/15/03)
(a)
City manager or code official.
The city manager or the code official,
by recommendation directed to the zoning and planning commission,
may request that certain general provisions of this chapter be amended.
The recommendation shall contain the reasons for such request. The
zoning and planning commission may either recommend approval or approval
with modifications of the request to the city council. The request
will not be sent to the city council without the positive recommendation
of the zoning and planning commission.
(b)
Zoning and planning commission.
The zoning and planning commission,
by recommendation directed to the city council, may request that certain
general provisions of this chapter be amended. The recommendation
shall contain the reasons for such request and indicate whether the
proposed amendment conforms to the comprehensive plan of the City
of Lakeway. The city council may either approve, disapprove, or approve
as modified the request.
(c)
City council.
The city council, by motion, may initiate
a proposal to amend the general provisions of this chapter.
(Ordinance 2003-09-15-1, sec. 8.03, adopted 9/15/03)
No zoning classification change or
amendment to this chapter shall be enacted without a verbal or written
report and recommendation from the zoning and planning commission.
(1)
Hearing.
The zoning and planning commission shall hold a public
hearing on all proposed zoning classification changes and proposed
general amendments to this chapter.
(2)
Notice.
(A)
By publication.
Notice of a public hearing before the commission
to consider a proposed zoning classification change or a proposed
general amendment to this chapter shall be published in an official
newspaper or in a newspaper of general circulation in the City of
Lakeway at least ten (10) days prior to the date set for such hearing.
The notice shall state the time and place of the hearing and contain
a description of the matter to be considered.
(B)
Written notice to property owners.
When the public hearing is to consider
a proposed zoning classification change, written notice of such hearing
shall be given to the owners of all real property located within two
hundred (200) feet of the property on which the change in classification
is proposed. Notice shall be given not less than fifteen (15) days
before the date set for the hearing before the commission either by
personal service or by depositing a copy of the notice in the mail
addressed to each owner at the address shown on the last approved
city tax roll. Such written notice shall be in addition to notice
by publication and shall contain the same information.
(3)
Action by zoning and planning
commission.
The zoning and
planning commission may recommend enactment of a proposed general
amendment to this chapter or a change of zoning classification if
it finds that such amendment or change is in the public interest.
(Ordinance 2003-09-15-1, sec. 8.04, adopted 9/15/03; Ordinance 2006-06-22-7, art. 1, adopted 6/22/06)
(a)
Hearing.
The city council shall hold a public hearing on all
proposed zoning classification changes and general amendments to this
chapter before acting thereon.
(b)
Notice.
(1)
Notice of a public hearing before
the city council to consider an amendment to this chapter shall be
given in the same manner as required for notice of a public hearing
before the zoning and planning commission to consider a similar amendment.
(2)
Notice of the hearing before the
city council may be combined with the notice given for the hearing
on the same matter before the zoning and planning commission.
(c)
Council action.
(1)
The city council may enact a proposed
general amendment or change of zoning classification by ordinance
if it finds that such amendment or change is in the public interest.
The council is entitled to consider all facts and circumstances which
may affect property and occupants of the area involved, as well as
the general welfare of people of the city as a whole, and is entitled
to consider opinions of experts in the field of city planning as well
as opinions of real estate and mortgage company experts.
(2)
If a proposed change to a regulation
or boundary is protested in accordance with this subsection, the proposed
change must receive, in order to take effect, the affirmative vote
of at least three-fourths of all members of the city council. The
protest must be written and signed by the owners of at least 20 percent
of either of the following:
(3)
In computing the percentage of land area under subsection (2), the area of streets and roads shall be included.
(4)
If the zoning and planning commission
has recommended against enactment of a proposed general amendment
to this chapter or a proposed zoning classification change, such proposed
amendment or change shall not become effective except by the favorable
vote of at least three-fourths (3/4) of all members of the city council.
(5)
All representations, whether oral
or written, made by the applicant or his agent(s) in support of the
zoning change become a condition(s) upon which the zoning change is
granted. It shall be unlawful for the applicant to vary from any such
representations unless the applicant first obtains approval of the
city council. The zoning change shall be null and void in the event
that the applicant changes the proposed use of the property.
(6)
The city council may postpone any
action proposed under the provisions of this chapter.
(Ordinance 2003-09-15-1, sec. 8.05, adopted 9/15/03)
