(A)
Purpose.
The purpose of an application for a change of zoning is to achieve
the following:
(1)
Establish
the initial zoning district classification of land;
(2)
Change
the zoning district classification of land;
(3)
Authorize
a use of land; or
(4)
In
the case of any overlay zoning districts, to authorize uses or certain
zoning standards for the land which are not presently authorized under
the regulations for the zoning district in which the land is located.
(B)
Applicability.
(1)
Where
a property owner seeks to rezone land, to establish zoning on newly
annexed land, or to establish a Specific Use Provision (SUP) or Planned
Development (PD) zoning classification on land, the property owner
must submit an application for a change of zoning before seeking approval
of any development application for the land.
(C)
Effect.
Enactment of an ordinance approving an application for a change
of zoning results in an initial or a change in zoning district classification
for the land, and the use of the land thereafter is subject to the
requirements of the new zoning district.
(Ordinance 6773 adopted 5/19/15)
(A)
Responsible
Official.
The Planning Director is the responsible official
for processing an application for a change of zoning.
(B)
Definitions.
Following are definitions, general terms, and special terms
used in this GDC that are related to the approval process for land
development applications.
(C)
Initiation
of Change of Zoning.
Only the property owner or the owner’s
authorized representative, the Plan Commission on its own motion,
or the City Council on its own motion, may initiate an application
for a change of zoning on a land parcel.
(1)
In
the event the ownership stated on an application is different from
that shown in City or appraisal district records, or if the applicant
is a representative of the property owner, the applicant must submit
written evidence of ownership (such as a certified copy of a deed,
will, or other conveyance instrument) or a verification signed and
notarized by the property owner that the applicant is acting as an
authorized representative for the property owner, as applicable.
(2)
A landowner or representative seeking approval of an application for a change of zoning must pay or otherwise satisfy all delinquent taxes, paving assessments, impact fees, or any other delinquent debts or obligations for the land to be rezoned before the application is submitted, in accordance with Section 1.09 in Chapter 1 of this GDC. It is the applicant’s burden to provide evidence that all taxes and obligations have been paid.
(D)
Contents
of Application for Change of Zoning.
Detailed requirements
for the format and contents of an application for change of zoning
must be in accordance with requirements in the Development Application
Packet, as may be amended from time to time.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 18, adopted 8/20/19; Ordinance 7524 adopted 4/16/2024)
(A)
Planning
Director Report.
For all change of zoning requests (including
a PD or SUP) or applications of a plan or plat, the Planning Director
must review the application and prepare a written report providing
a planning analysis on the merits of the zoning application, plan,
or plat.
(1)
The
report shall include the proposed development’s impacts, if
any, on planning, engineering, transportation, building inspection,
fire protection, and neighborhood enhancement and protection, depending
on the issues and complexity of the development. In the event an applicant
files both an application for a change in zoning and a plat or plan
(including zoning applications that require a plan or plat), the Planning
Director shall determine whether the plan or plat meets the requirements
of state law and the GDC, and provide a separate planning analysis
on the merits of the zoning case.
(2)
For
applications including a plan or plat, as applicable, the report must
include a recommendation approving, approving with conditions, or
denial of the plan or plat. In the event the recommendation of the
Planning Director is approving with conditions or a denial of the
application, the Planning Director shall include in the report, in
the form of a proposed order, a statement of the conditions for the
conditional approval, or reasons for disapproval, that clearly articulate
each specific condition for the conditional approval or reason for
disapproval. Each condition or reason specified in the proposed order
must:
(3)
The
report must be submitted to the Plan Commission prior to the Commission
making a recommendation to the Council, and must be submitted to the
Council prior to its decision.
(B)
Published
and Personal Notice.
For a public hearing on a change
of zoning application, the Planning Director shall publish notice
as set forth below:
(C)
Posted
Notice.
For any requested change of zoning on a specific
parcel, a sign must be posted on the property, in accordance with
procedures set forth in the Development Application Packet, as may
be amended from time to time.
(D)
Joint
Public Hearing.
The City Council and Plan Commission
may convene a joint public hearing on a change of zoning request at
the time and place designated in the public hearing notice(s). The
hearing must be conducted in accordance with the City Council’s
normal rules and procedures that are applicable to public hearings.
The Mayor, or his designee, shall be the presiding officer at a joint
public hearing where an application for a change of zoning is heard.
(E)
Applicant
Representation.
The applicant, or an authorized representative
for the applicant, must attend the public hearing held by the Plan
Commission and, separately or jointly, by the City Council for the
requested change of zoning. If an applicant (or duly authorized representative)
does not appear at such public hearing, then such absence may constitute
sufficient grounds for the change of zoning application to be postponed
or denied.
(F)
Plan
Commission - Public Hearing & Recommendation.
(1)
The
Plan Commission shall hold a public hearing to consider a proposed
change of zoning. Following the public hearing, the Plan Commission
shall provide its recommendation on the requested change of zoning,
and shall forward its recommendation to the City Council. The Plan
Commission may recommend approval or denial of the change of zoning
application.
(2)
In
cases where the applicant is requesting both a change of zoning and
an approval of a plan or plat, the Plan Commission shall
(3)
Mandatory
Approval.
The Plan Commission shall recommend approval
of a plat that is required to be prepared under this GDC or state
law and that satisfies all applicable regulations.
(4)
Underlying
Zoning.
A plan does not meet technical requirements if
the intended use is not consistent with the underlying zoning. In
cases where the applicant is requesting both a change of zoning and
an approval of a plan, the Plan Commission shall recommend denial
of the plan if the Plan Commission also recommends a denial for the
request for a zoning change and the intended use is inconsistent with
the current zoning designation.
(5)
Recommendation
on a Plan.
The Plan Commission shall recommend approval,
approval with conditions, or disapproval of a plan.
(6)
Decision
Deadline on a Plat.
The Plan Commission shall approve,
approve with conditions, or disapprove a plat within 30 days after
date the plat is filed. A plat shall be considered approved by the
Plan Commission unless it is disapproved within the 30 day period.
(7)
Reserved.
(8)
Reserved.
(9)
Postponement
of Decision.
The Plan Commission may, by written request
of the applicant, postpone making a decision on the application of
a plan or plat. Upon approval of the Plan Commission, the postponement
may be for a period not to exceed 30 calendar days, and does not require
additional public notice if such postponement is to a date certain.
An applicant may request multiple 30-day postponements, but each must
be approved by the Plan Commission. The Plan Commission may not request
or require an applicant to request postponement, waive a deadline
or other approval procedure under this GDC or chapter 212, subchapter
A of the Texas Local Government Code.
(10)
The Plan Commission may recommend approval of a zoning designation
of lesser intensity within the same general zoning category (such
as residential, nonresidential, or mixed-use, see Table 2-1) without
additional public notice provided that the impact on adjacent properties
would be lessened or not affected (that is, the lesser intensity would
have no anticipated harmful effect on adjacent properties).
(G)
City
Council - Public Hearing & Decision.
(1)
Following
receipt of the Plan Commission’s recommendation, the Planning
Director Report, and a public hearing on the change of zoning request,
the City Council shall consider the request for a change of zoning,
and render a decision on the request. The City Council may approve
or deny the request. The Council’s decision on a change of zoning
request is final.
(2)
The
City Council may decide the change of zoning request based upon the
Plan Commission’s recommendation, or:
(a)
It may approve a zoning designation of lesser intensity within the
same general zoning category (such as residential, nonresidential,
mixed-use, etc. - see Table 2-1) provided that the impact on adjacent
properties would be lessened or not affected (that is, the zoning
designation of lesser intensity would have no anticipated harmful
effect on adjacent properties).
(3)
In
cases where the applicant is requesting both a change of zoning and
an approval of a plan, the City Council shall:
(4)
Reserved.
(5)
Underlying
Zoning.
A plan does not meet technical requirements if
the intended use is not consistent with the underlying zoning. In
cases where the applicant is requesting both a change of zoning and
an approval of a plan, the City Council shall deny the plan if the
request for a zoning change is denied and the intended use is inconsistent
with the current zoning designation.
(6)
Decision
on a Plan.
The City Council shall approve, approve with
conditions, or disapprove a plan.
(7)
Reserved.
(8)
Final
Order.
The City Council shall issue a final order indicating
whether the plan was approved, approved with conditions, or denied.
The final order must be signed by the Mayor and attested by the City
Secretary, or a majority of the members of City Council. A written
copy of the final order shall be sent to the applicant. In cases where
the applicant is requesting a zoning change, the final order shall
provide a separate decision of the zoning and land use request.
(9)
Postponement
of Decision.
The City Council may, by written request
of the applicant, postpone making a decision on the application of
a plan or plat and may defer its final decision. The City Council
may not request or require an applicant to request postponement, waive
a deadline or other approval procedure under this GDC or chapter 212,
subchapter A of the Texas Local Government Code. Upon approval of
the City Council, the postponement may be for a period not to exceed
30 calendar days, and does not require additional public notice if
such postponement is to a date certain. An applicant may request multiple
30-day postponements, but each must be approved by the City Council.
(H)
Ordinance.
Approval by the Council of the change of zoning application
shall be in the form of an ordinance that amends the City’s
official Zoning Map. The Planning Director shall identify each change
of zoning on the Zoning Map in accordance with the change approved
by the Council.
|
Table 2-1 - Zoning Intensity Hierarchy
 |
(I)
Super-Majority
Vote (Twenty-Percent Rule).
Where a written protest against
the change of zoning application is filed in accordance with Section
211.006(d) of the Texas Local Government Code (as amended), a change
of zoning does not become effective except by the favorable vote of
three-fourths of all members of the full City Council. For the purposes
of this Subsection, the following apply:
(1)
The
written protest of any one owner of land owned by two or more persons
is presumed to be the protest of all such owners.
(2)
The
written protest must be submitted to the Planning Director, or submitted
directly to the Commission or Council prior to the close of the public
hearing at which the proposed change of zoning is to be considered.
(3)
A
person who wishes to withdraw a written protest must submit a signed,
written request, or a request by email with an electronic signature,
for the withdrawal to the Planning Director by the deadline for submitting
a written protest. A protest may not be otherwise withdrawn.
(K)
Consideration
of Previously Denied Amendments.
In the event a person
desires to submit an application for a change of zoning on a tract
of land, or any portion thereof, to which City Council has denied
a zoning change within the previous 12 months, the following process
shall apply:
(1)
Application.
The applicant must clearly indicate whether the request is a
reconsideration of a previously denied application, or an application
to consider a substantially different proposed land use and plan on
the subject property.
(2)
Consideration
of a Different Proposed Land Use and Plan.
To be eligible
to file an application to consider a different proposed land use and
plan on a tract of land, or any portion thereof, to which Council
has denied a zoning change within the previous 12 months, the applicant
must first provide sufficient evidence demonstrating the new proposed
land use and plan are substantially different than the initial application.
(a)
The application for a change of zoning shall not be considered by
the Plan Commission or the City Council, unless the City Council first
determines in a public hearing that:
(b)
In the event Council determines the proposed land use and plan are
substantially different by the requisite number of votes, the applicant
will then be eligible to file a new application with the Planning
Department to change the zoning on the subject tract of land.
(3)
Reconsideration
of a Zoning Application.
If an applicant desires for
Council to reconsider a previously denied application, then the following
provisions shall apply:
(a)
The applicant must file the request for reconsideration (and it must
be actually received by the Planning Department) within 5 business
days following the date on which the initial application was denied.
(b)
The request for reconsideration shall be scheduled for the next available
Regular Meeting of the City Council, after all statutory posting and
publication requirements have been satisfied.
(c)
At the public hearing for reconsideration, the Applicant may only
present new evidence that was not presented to the City Council during
the original public hearing related to the Applicant’s request.
(d)
A motion to grant reconsideration may only be made by a member of
the City Council who voted to deny the initial application. A motion
to grant reconsideration may be seconded by any member of the City
Council.
(e)
A motion to grant reconsideration must be approved by no less than
three-fourths of the members of the City Council then present and
voting (but not less than five).
(f)
If the Council’s initial decision on the original request to
change the zoning was made “without prejudice,” then the
motion to grant reconsideration may be made by any member of the City
Council and approved with a simple majority vote (but not less than
five).
(g)
In the event the motion for reconsideration passes by the requisite
number of votes, the City Council shall then immediately hold a public
hearing to determine the applicant’s zoning case on its merits.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 19, adopted 8/20/19; Ordinance 7259 adopted 10/12/21; Ordinance 7524 adopted 4/16/2024)
In making a determination regarding a requested change of zoning,
the Plan Commission, and the City Council may consider the following
factors:
(A)
Whether
the proposed change of zoning implements the policies of the adopted Comprehensive Plan;
(B)
Whether
the uses allowed by the proposed change will be appropriate in the
immediate area concerned and their relationship to the general area
and the City as a whole;
(C)
Whether
the proposed change is in accordance with any existing or proposed
plans for providing public schools, streets, water supply, sanitary
sewers, and other utilities to the area;
(D)
The amount
of and development absorption (or redevelopment) rate of vacant or
underutilized land currently classified for similar development in
the vicinity and elsewhere in the City, and any special circumstances
which may make a substantial part of such vacant land unavailable
for development;
(E)
How other
areas designated for similar development will be, or are unlikely
to be, affected if the proposed amendment is approved, and whether
such designation for other areas should be modified also; and
(F)
Any other
factors which substantially affect the public health, safety, morals,
or general welfare.
(Ordinance 6773 adopted 5/19/15)
