Lakeway City Zoning Code
ARTICLE 30
08 AMENDMENTS
§ 30.08.001 General.
(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)
§ 30.08.002 Procedure to initiate zoning classification change.
(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.
(c)
Withdrawal of zoning application.
Withdrawal of zoning applications shall be governed by this section.
(1)
Once public notice for an application to change the zoning classification of a particular parcel of land has been made in accordance with the provisions of this chapter and state law, and the proposed zoning change has been included on an agenda posted in accordance with the requirements of the Texas Local Government Code, an application can only be withdrawn or postponed by the applicant with the approval of the city council or zoning and planning commission in the open meeting specified in that agenda. Public comment shall be allowed on that agenda item.
(2)
A request by the applicant to withdraw or postpone an application shall be made in writing prior to the open meeting specified in the agenda.
(3)
No more than two requests by the applicant for withdrawal or postponement of an application relating to a particular property may be made in any 12-month period. After a second request to withdraw or postpone an application under this chapter for the same property has been granted in a 12-month period, no further applications for a change in zoning classification of that particular parcel of land will be accepted for a period of 12 months from the date of submission of the second request for withdrawal or postponement.
(4)
After a request for withdrawal of an application has been granted as provided herein, the applicant shall be required to pay all required application fees when the application for change in zoning classification is refiled.
(Ordinance 2003-09-15-1, sec. 8.02, adopted 9/15/03; Ordinance 2025-05-19-02 adopted 5/19/2025)
§ 30.08.003 Procedure to initiate ordinance amendments.
(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)
§ 30.08.004 Report and recommendation from the zoning and planning commission.
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)
§ 30.08.005 Review and action by city council.
(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)