(A) General. The City Plan Commission shall be the City of Austin Plan Commission, created under the provisions of I.C. 36-7-4. It is not intended by this chapter to abrogate, annul, or dismiss the Commission, but the same shall continue as currently organized and appointed by the City Council.
(B) Zoning amendments. From time to time and as conditions change, the provisions of this chapter may be amended, supplemented, or changed. Application for changes in zone may be initiated by the Commission, or by owners of 50% or more of the area involved in a petition, or by the City Council. Any proposed ordinance for amendment not originating from action of the Commission shall be referred to it for consideration and report before final action is taken by the City Council.
(C) Filing. Any persons seeking a change in zone shall make application for such change with the Plan Commission in forms prepared for the purpose. The Commission may set the number of copies to be submitted and shall adjust each and every application to its regular schedule. The Commission shall hold a public hearing on the proposed change in zone or amendment, giving public notice two times in at least one newspaper of general circulation in Scott County. The notice shall state the date and time of the hearing; the description of the change; and the exact location of the property involved. The first notice shall appear in the newspaper at least ten days prior to the date of the public hearing. The proponent of a zone change shall cause the notice of public hearing to be published in the newspaper and shall bear the expense involved in so doing. He or she shall also submit a complete list of all surrounding property owners within a 250-foot radius of the property with the necessary postage to cause the mailing of notices to such owners except where a 250-foot radius would include only the immediately abutting properties, irrespective of public ways, the owners of the property adjoining the immediately abutting properties, in an east, west, north, and south direction, shall also be notified.
(D) Public hearing. The proponent of a zone change may appear in person, by agent, or by attorney. He or she shall be given proper consideration. All public hearings and all meetings of the Commission shall be open to the general public. Opponents to a proposed change in zone shall be given adequate time to voice their opinions. The proponent failing to appear at the time of said hearing may have the application ruled upon in his or her absence.
(E) Disposition. The final disposition of a proposed change in zone shall be in the form of a motion, duly adopted, favorably or unfavorably recommending the change; or specifically setting forth modifications, variations, or conditions. The Commission’s action shall be forwarded to the City Council for final action.
(F) Basis for the decision. In making a decision on a proposed change in zone or amendment, the Commission shall substantially determine the following:
(1) That the change in zone will not adversely affect the values of surrounding property;
(2) That the proposed use is the best and most adequate use of the property;
(3) That the proposed change in zone does not constitute spot zoning; that the owner of the property in question is not being favored over surrounding property owners;
(4) That the owner can comply with all the requirements of this chapter;
(5) That traffic congestion will not be unnecessarily increased;
(6) That the owner is not speculating on land values; and
(7) That the proposed change is in line with good zoning practice.
(Ord. 1991-07, passed 1-7-1991)