The planning and zoning commission (hereinafter referred to as the commission), shall be appointed by the city council. The commission shall consist of seven members that shall serve for three-year terms. A quorum shall consist of four members and an affirmative vote of a majority of those present shall be necessary to pass upon pending questions, the chairperson being entitled to vote upon any question. Terms of office, rules of procedure, vacancies, and powers and duties are contained within the city charter. In addition to the stated duties referenced in the charter, the planning and zoning commission shall have the responsibility to perform the following:
(1) 
Hear testimony on behalf of applicants and consider the facts, findings, and recommendation of the zoning official;
(2) 
Consider the interests of the public related to the public health, safety, morals and general welfare;
(3) 
Identify the appropriateness of requested rezoning issues and text amendments considering conformance with the adopted zoning regulations, official zoning district map, and comprehensive plan;
(4) 
Interpret zoning district boundaries in cases of conflict or question;
(5) 
Make determinations as to the appropriate zoning district for new and unlisted uses;
(6) 
Make recommendations to the city council, in the form of a final report, related to approval or denial of an application in addition to stating the reasons for such approval or denial;
(7) 
Maintain compliance with chapter 551, Open Meetings Act, of the Texas Local Government Code, as may be amended from time to time;
(8) 
Make, amend, extend, and add to the master plan for the physical development of the city; and
(9) 
Perform other such duties and be vested with such powers as the city council shall from time to time prescribe.
(Ordinance 2000-09, exh. A, sec. 3.C (intro.), adopted 8/8/00; 2010 Code, sec. 50-39; Ordinance 2019-12 adopted 4/22/19)
A rezoning request may be initiated by the zoning official, planning and zoning commission, city council, or by a landowner filing an application with the zoning official. If the applicant is not the owner of the property under consideration, a letter from the landowner authorizing said applicant to act as agent on behalf of the landowner is required. Landowners shall submit, but are not limited to, the following:
(1) 
Name, address, and telephone number of applicants, owners, and agents;
(2) 
A statement of the reasons why the rezoning is being requested;
(3) 
Legal description of the property proposed for rezoning, including a copy of a plat or survey;
(4) 
Filing fee, as established by the city council; and
(5) 
Other information or documentation necessary to process the application, as required by the zoning official, planning and zoning commission, and/or city council.
(Ordinance 2000-09, exh. A, sec. 3.C(1), adopted 8/8/00; 2010 Code, sec. 50-40; Ordinance 2019-12 adopted 4/22/19)
At least ten days prior to the date of the public hearing, written notice of each public hearing before the planning and zoning 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 owners within 300 feet of the property on which the change in classification is proposed. The mailed notice shall be in letter form stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing. When notice has been properly addressed and mailed, failure to receive mailed notice shall not invalidate any action taken on the application.
(Ordinance 2000-09, exh. A, sec. 3.C(2), adopted 8/8/00; 2010 Code, sec. 50-41; Ordinance 2019-12 adopted 4/22/19)
The planning and zoning commission will hold a public hearing on each proposed request for rezoning. After the public hearing, the commission will send a report; this report shall be known as the final report of the meeting minutes to the city council recommending approval or denial of the request. A tie vote on a request for a zoning change is deemed to be the commission’s recommendation for denial. If the commission recommends denial, an appeal may be submitted to the city council if the applicant files a written request for a public hearing for an appeal with the zoning official within 30 days of the date of the denial.
(Ordinance 2000-09, exh. A, sec. 3.C(3), adopted 8/8/00; 2010 Code, sec. 50-42; Ordinance 2019-12 adopted 4/22/19)
In considering any application for rezoning, the planning and zoning commission and city council may give consideration to the criteria in this section, to the extent pertinent to the application. In addition, other factors may be considered which may be relevant to the application.
(1) 
Conformance of the proposed zoning and use with the El Campo 2020 Land Use Plan and other city policies.
(2) 
The character of the neighborhood.
(3) 
The zoning and use of nearby properties, and the extent to which the proposed zoning and use would be compatible.
(4) 
The suitability of the property for the uses permitted by right in the proposed zoning district.
(5) 
The extent to which approval of the application would detrimentally affect nearby properties.
(6) 
The extent to which the proposed use would adversely affect the capacity or safety of that portion of the street network or present parking problems in the vicinity of the property.
(7) 
The extent to which approval of the application would harm the value of nearby properties.
(8) 
The gain to the public health, safety, and welfare due to denial of the application as compared to the hardship imposed upon the landowner as a result of denial of the application.
(9) 
There are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property that do not apply generally to other property in the same zone or neighborhood.
(Ordinance 2000-09, exh. A, sec. 3.C(4), adopted 8/8/00; 2010 Code, sec. 50-43; Ordinance 2019-12 adopted 4/22/19)
After receiving the report of meeting minutes of the planning and zoning commission, the city council must hold a public hearing on the rezoning request, for which notice of the time and place of the hearing has been published in the newspaper at least 15 days prior to the hearing date, or as provided by state law. After the close of the public hearing, the city council may approve or deny the request, return it to the commission for further consideration, or take whatever other action the council deems appropriate. The affirmative vote of at least three-fourths of all members of the city council (six members) is required to:
(1) 
Overrule the planning and zoning commission’s recommendation that a proposed change to a zoning boundary (or regulation in the case of text amendments) be denied; or
(2) 
Approve a change to a boundary (or regulation in the case of text amendments), if the city receives a written and signed petition from at least 20 percent of the following:
(A) 
The area of the lots or land covered by the proposed change; or
(B) 
The area of the lots or land immediately adjoining the area covered by the proposed change and extending 300 feet from that area.
(C) 
In computing the percentage of land area, the area of streets and alleys shall be included.
(Ordinance 2000-09, exh. A, sec. 3.C(5), adopted 8/8/00; 2010 Code, sec. 50-44; Ordinance 2019-12 adopted 4/22/19)
The city council may hold a joint public hearing with the planning and zoning commission on a request for a change in zoning classification as provided by state law. In case of a joint hearing, the city council must not act on the request until it receives the report of the planning and zoning commission.
(Ordinance 2000-09, exh. A, sec. 3.C(6), adopted 8/8/00; 2010 Code, sec. 50-45; Ordinance 2019-12 adopted 4/22/19)
An application for a change in zoning classification that is denied by the city council or which is withdrawn by an applicant after the planning and zoning commission makes a report recommending denial shall not be again submitted for filing with the zoning official within six months of the original date of filing, except upon the consent of the city council.
(Ordinance 2000-09, exh. A, sec. 3.C(7), adopted 8/8/00; 2010 Code, sec. 50-46; Ordinance 2019-12 adopted 4/22/19)
The city shall collect a fee as provided for in appendix A of this code for each rezoning application submitted for consideration involving a public hearing. Informal discussions may be requested if no official action is to be taken.
(Ordinance 2000-09, exh. A, sec. 3.C(8), adopted 8/8/00; 2010 Code, sec. 50-47; Ordinance 2019-12 adopted 4/22/19)