Amendment to zoning map or text.
See
Figure 3.1.8-1 Amendment to zoning map or text for procedural flow chart.
A. Process requirements. Zoning Amendments Require City Council Approval
1. The City Council may, in its legislative discretion, amend, supplement, or change by ordinance, any district boundary or the regulations herein established as provided by TLGC Chapter 211.
2. Planning and Zoning Commission recommendation required for all amendments.
(i) Before the City Council may act on any proposed amendment to the zoning map or the text of this
ARTICLE 3: Zoning Regulations, the Planning Director will submit the request to the Planning and Zoning Commission for its recommendation.
3. Petitions submitted to the city council.
(i) Any person or corporation having a proprietary interest in any property may petition City Council for a change or amendment to the zoning provisions of this UDC; or
(ii) The Planning and Zoning Commission may, on its own motion or on request from the City Council, study and propose zoning change(s) and amendment(s) for the Council's consideration.
(iii) Staff may, at the direction of the City Manager, initiate amendments to the zoning provisions of this UDC.
4. Types of zoning amendments.
(i) Zoning map amendment (rezoning).
(1) A rezoning is a change or modification to the boundaries of any zoning district resulting in a change to the City's Official Zoning Map; or in the case of a Planned Development District (PDD) or Specific Use Permit (SUP), a change to the development standards, boundaries, or both.
(2) The Planning Director, Planning and Zoning Commission, or City Council may require a Concept Plan for any request to rezone to a higher-intensity zoning district (such as residential "R" to mixed-use "MU" or commercial).
5. Required notice.
(i) Property owner notice of rezoning. In the case of a rezoning:
(1) Written notice of all public hearings before the Planning and Zoning Commission and City Council on a proposed zoning change shall be sent to all owners of real property within two hundred (200) feet of the property on which the change is requested.
(2) If the proposed rezoning will add residential units (either single-family residential or multi-family residential), the school district that serves the property must also be notified in the same manner as a property owner.
(3) If the proposed rezoning will result in a current conforming use of a property becoming a nonconforming use, written notice shall be provided to each owner of property where the proposed nonconforming use is located and each occupant of the property not later than ten (10) calendar days before the hearing date, containing the time and place of the hearing and including the following text in bold 14-point type: "THE CITY OF BEE CAVE IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."
(4) Such notice shall be given not fewer than eleven (11) calendar days before the date of the Planning and Zoning Commission hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved City tax roll or County tax roll for the area affected.
6. Planning and Zoning Commission decision and required public hearing.
(i) The Planning and Zoning Commission shall hold a public hearing on any application for rezoning (Subitem 4(i) above) or text amendment (Subitem 4(ii) above) prior to making its report and recommendation to City Council. The Commission may provide its report via the staff report.
(ii) In making its recommendation, the Planning and Zoning Commission shall consider the following:
(1) Whether the zoning change is consistent with the Future Land Use Map and the Comprehensive Plan;
(2) Whether the proposed change will have a detrimental effect on properties abutting the property proposed for rezoning or upon properties affected by the proposed text amendment; and
(3) Whether the proposed change will result in detrimental impacts upon existing or planned Public Facilities or the administration of this UDC.
7. City Council decision and required public hearing.
(i) The City Council shall conduct a public hearing before adopting any proposed rezoning or text amendment.
(ii) Notice of the time and place of the hearing must be published in a newspaper of general circulation in the City at least sixteen (16) days before the date of the hearing.
(iii) The rezoning or text amendment shall not become effective except upon a simple majority vote of the City Council.
8. Supermajority vote of Council required for protested rezoning.
(i) If a protest is filed against a proposed rezoning, the rezoning shall not become effective except by a three-fourths (3/4) vote of the entire City Council.
(ii) The following are the two types of Eligible Protesters:
(1) Interior protesters. The property owners, duly signed and acknowledged by signing and printing the property owner's name and address, of twenty (20) percent or more of the lots or land area included within a proposed amendment boundary.
(2) Exterior protesters. The property owners, duly signed and acknowledged by signing and printing the property owner's name and address, of twenty (20) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment.
(iii) In computing the area of land under this Subsection 8., the area of streets and alleys shall be included in accordance with TLGC Section 211.006(e).
9. Effect of council denial.
If the City Council denies a request for a rezoning or text amendment, the same application nor any other substantially similar zoning application, as determined by the Director, may be filed for all or part of the subject tract of land, or for portion of text proposed for a text amendment, in the case of a text amendment request submitted by a property owner or citizen, for a waiting period of one (1) year following the denial. In the instance that the request was initiated by the City Council, Planning & Zoning Commission, or the City Manager and involved a proposed amendment to the text of this Article 3, then there is no waiting period before the request can be reconsidered.
