Title
Legislative Updates and Upcoming Ordinance Amendments from the 86th Legislature
Summary
COUNCIL GOAL: Operational Excellence
(2C: Identify opportunities for internal efficiencies and continuous improvement to effect a high performing organizational culture)
MEETING DATE: July 22, 2019
DEPARTMENT: Planning
CONTACT: Jennifer Arnold, AICP, Director of Planning
Samantha Pickett, AICP, Planning Manager
David Soto, Planner I
Kaitlin Gibbon, Planner I
RECOMMENDED CITY COUNCIL ACTION: Receive presentation from Staff regarding the 86th Legislative Session and its impact on the development review process in McKinney.
ITEM SUMMARY:
* Following the closing of the 86th Legislature, several changes to Texas Local Government Code were adopted on June 16, 2019 and will take effect on September 1, 2019, including:
o HB No. 2439 which limits governmental entities from adopting or enforcing a rule, ordinance, code, or provision that "prohibits or limits, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building" if it is allowed by a nation model code.
* Restricts a City's ability to require a certain material, percentages of materials, or mix of materials.
* Applies retroactively; meaning that as of September 1, Staff will no longer be able to enforce material regulations dictated by the Zoning Ordinance or by existing Planned Development Districts.
* Does not apply to our historic areas
o HB No. 3167 which requires that "the municipal authority responsible for approval plats... approve, approve with conditions, or disapprove a plan or plat within 30 days after the date the plan or plat is filed".
* Plat or Plan includes all plat types as well as site plans
* Requires that upon "filing" (tentatively established as having submitted the required documents and paid), the plat or plan must be acted on by Staff or brought ...
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